[HISTORY: Adopted by the Borough Council of the Borough of
Walnutport 3-21-1983 by Ord. No. 83-2 (Ch. 10, Part 2, of the 1983 Code
of Ordinances). Amendments noted where applicable.]
No person, firm or corporation, owning or occupying any property
within the Borough of Walnutport 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 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 premises in
the Borough of Walnutport 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 Borough of Walnutport.
The owner of any premises, as to vacant premises, multiple residential or multiple commercial premises or premises occupied by the owner, and the occupant thereof, in case of premises occupied by other than the owner thereof, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 219-1.
The Borough Council, or any officer or employee of the Borough of Walnutport designated thereby for the purpose, is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 219-1 of this chapter, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this chapter, within five days after issuance of such notice. Whenever, in the judgment of the Chief of Police of the Borough of Walnutport, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Borough Council or any officer or employee of the Borough of Walnutport designated thereby for that purpose, may give notice by posting conspicuously on the property where such nuisance exists, a notice or order directing and requiring that such nuisance be abated within five days. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough Council may order the removal, trimming or cutting of such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof shall be collected by the Borough of Walnutport from such person, firm or corporation, in the manner provided by law.
[Added 1-3-2022 by Ord. No. 2022-02[1]]
A.
It shall
be unlawful for any person to knowingly cause grass clippings, or
other debris or waste produced in conjunction with yard maintenance
or gardening onto the streets, alleys, and other public roads of the
Borough of Walnutport. A homeowner is responsible to ensure that any
persons hired to cut their grass or maintain their yard abide by this
section. Any grass or waste which inadvertently is caused to enter
the streets or alleys of the Borough shall be promptly removed; there
is no "grace period" within which to remove grass or yard waste.
B.
This section may be enforced by the Police Department or Code Enforcement Officer. A violation of this section shall initially be sanctioned by the civil penalty method set forth in § 219-5. The enforcing officer will use common sense and discretion in the enforcement of this section and shall consider means other than issuance of summons where appropriate. No summons may be based upon hearsay.
C.
There shall
be presumption that grass clippings and yard waste immediately adjacent
to a property where caused to be placed there by property owner. This
is a rebuttable presumption.
[Amended 6-14-2012 by Ord. No. 2012-08]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by fine of
not less than $100 not more than $1,000, plus cost of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense and each section of this chapter that is violated
shall also constitute a separate offense.
A.
Notice of violation.
[Added 4-10-2014 by Ord. No. 2014-02]
(1)
Whenever a condition constituting a violation of this chapter occurs,
the Borough shall cause written notice to be served upon the owner
in one of the following manners:
(a)
By making personal delivery of the notice to owners;
(b)
By handling a copy of the notice to the owner or an adult person
in charge of the residence or business, whichever the case may be;
(c)
By fixing a copy of the notice to the door at the entrance of
the premises in violation; or
(d)
By mailing a copy of the notice to the last known address of
the owner by certified mail and regular mail;
(2)
Repeat offenders. The Borough is only required to send one notice
of violation within six months. The notice shall notify an owner that
this is the only notice that will be sent to an owner. Additional
notices will not be sent for a second or subsequent violation of this
chapter. The notice shall inform the owner that the Borough shall
have the right to proceed directly to the Magistrate without further
notice for any second or subsequent violation within six months.
