[Ord. 1985-2, 9/11/1985, § 1; as amended by Ord.
94-8, 5/11/1994, § 1]
No person, firm or corporation, owning or occupying any improved
property within the Township of Kingston, including, but not limited
to, residential lots and lots lying within residential subdivisions,
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 including, but not limited to, within drainage
swales or stormwater detention basins, so as to exceed a height of
six inches, or to throw off any unpleasant or noxious odor, or to
conceal any filthy deposit, or to create or produce pollen. Any grass,
weeds or other vegetation growing upon any such premises in the Township
in violation of any of the provisions of this Section is hereby declared
to be a nuisance and detrimental to the health, safety, cleanliness
and comfort of the inhabitants of the Township.
[Ord. 1985-2, 9/11/1985, § 2]
The owner of any such premises, whether occupied by the owner
or not, shall be responsible to remove, trim or cut all vegetation
growing or remaining upon such premises in violation of the provisions
of the first section of this Part. Both the owner and the occupant,
shall be jointly responsible for the compliance with this Part.
[Ord. 1985-2, 9/11/1985, § 3]
In addition to the penalties as hereafter imposed in this Part,
the Township Zoning Officer or any officer or employee of the Township
designated thereby for the purpose, is hereby authorized to give notice,
by personal service or by United States Certified Mail to the owner
or the occupant, or either of them of a violation of the terms and
conditions of this Part, directing and requiring such occupant or
owner or both of the them to remove, trim, spray or cut such grass,
weeds or vegetation, so as to conform to the requirements of this
Part, within five days after issuance of such notice.
[Ord. 1985-2, 9/11/1985, § 4; as amended by Ord.
97-3, 11/12/1997]
If any such owner and/or occupant shall neglect to comply with
such notice within the period of time stated herein, the Township
authorities shall have the following remedies:
1.
They may remove, spray, trim or cut such grass, weeds or vegetation
so as to comply with the provisions of this Part; and the reasonable
cost thereof, together with an additional penalty of 10% of reasonable
costs may be collected by the Township from such owner or occupant
as a penalty under the provisions of this Part, or in any other manner
provided by law. This right as herein vested in the Township shall
be in addition to penalties prescribed by the provisions of this Part
for the conviction of the owner or occupant as aforesaid to comply
with the terms of this Part.
2.
They may initiate summary proceedings against any person, firm or
corporation who shall violate any of the provisions of this Part who,
upon conviction thereof in an action brought before a district justice
in the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each Section
of this Part which shall be found to have been violated shall constitute
a separate offense.
