[HISTORY: Adopted by the Board of Supervisors
of the Township of East Manchester 11-13-1990 by Ord. No. 11-13-90 (Ch. 107 of the 1988 Code). Amendments noted where applicable.]
[Amended 3-12-2019 by Ord. No. 2019-1]
No person, firm or corporation owning or occupying any real
estate in the Township of East Manchester which is improved with a
dwelling house or structure or which is within 300 feet of any real
estate which is improved with a dwelling house or structure shall
permit any grass or weeds or any vegetation whatsoever, not edible
or planted for some useful or ornamental purpose, to grow or remain
upon such premises so as to exceed a height of 12 inches or to throw
off any noxious odor or to conceal a filthy deposit or to create or
to produce pollen. However, in extreme circumstances, as determined
at the discretion of the Code Official, front, side, and rear yards
shall be maintained at all times to reasonable standards of yard maintenance
as the surrounding properties. Yard maintenance shall include, but
not be limited to, grass, ground covers, bushes, shrubs, hedges or
similar plantings, excluding trees. Any grass, weeds or other vegetation
growing upon any of said premises in the Township is in violation
of any of the provisions of this chapter and is hereby declared to
be a nuisance and detrimental to the health, safety, cleanliness,
comfort and welfare of the inhabitants of said areas of the Township.
Either or both the owner of any premises or the occupant thereof in possession of the premises, if other than the owner, shall remove, trim or cut all weeds, grass or other vegetation growing or remaining upon such premises in violation of the provisions of § 243-1 of the Code.
The Board of Supervisors, or any officer or employee of the Township designated thereby for such purpose, is hereby authorized to give notice by personal service or by United States mail to the owner or occupant, or both, as the case may be, of any real estate wherever weeds, grass or other vegetation is growing or remaining in violation of the provisions of § 243-1 of the Code, directing and requiring such owner or occupant to remove, trim or cut such weeds, grass or vegetation so as to conform to the requirements of this chapter within five days after the issuance of such notice. In the event that any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein or shall thereafter permit any further violation of this chapter, the Township authorities or their duly authorized agents or employees may remove, trim or cut such weeds, grass or vegetation, and the cost thereof, together with any additional penalty authorized by law, may be collected by the Township from such person, firm or corporation by the filing of a lien or by an action at law or any other manner as may be provided by law for the enforcement and collection of municipal claims.
[Amended 5-14-1996 by Ord. No. 5-14-96; 2-19-1997 by Ord. No. 2-19-97A; 7-13-2010 by Ord. No. 2010-3]
Any person who violates any provisions of this
chapter shall commit a criminal offense, and shall, upon being found
guilty by a Magisterial District Judge, after hearing, pay a fine
not to exceed $1,000, together with all court costs as permitted by
law. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day of violation
shall constitute a separate offense, which shall be subject to prosecution
as such. For purposes of this section, the Board of Supervisors of
East Manchester Township hereby appoints the Township Manager, Secretary,
Zoning Officer, Permit Officer or Codes Enforcement Officer as authorized
representatives, any one of whom may commence and pursue enforcement
proceedings pursuant to this section.
