[HISTORY: Adopted by the Borough Council of the Borough of Palmyra 9-15-1975 by Ord. No. 418 (Ch. X, Part 3, of the 1975 Borough Code). Amendments noted where applicable.]
Property maintenance — See Ch. 270.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes all rank vegetation which exhales unpleasant and noxious odors or pollen and also rank vegetation which may conceal filthy deposits or serve as breeding places for mosquitoes or other insects.
[Amended 10-22-2019 by Ord. No. 796]
No person owning or holding any real estate within the Borough shall permit noxious weeds, grass, or other vegetation to grow on such property or within the right-of-way abutting such property to a height in excess of 12 inches or to mature their seeds thereon, or fail to cut and destroy such weeds, grass and/or other undesirable vegetation when notified by the Borough to do so. Such growth of weeds, grass, or other undesirable vegetation is declared to be a nuisance injurious to the public interest and public health. Notwithstanding the foregoing, trees and ornamental shrubbery shall be permitted to grow to a height in excess of 12 inches.
[Amended 9-23-2002 by Ord. No. 659; 10-22-2019 by Ord. No. 796]
When determined through investigation by the Borough that weeds, grass and/or other undesirable vegetation exceeding the height specified in § 202-2 of this chapter exists on any property or in the street right-of-way abutting any property within the Borough, the Borough Code enforcement officer may issue a notice of violation to the owner of such land by certified or registered mail, return receipt requested, personal service, or posting on the property. The notice of violation shall contain an order to cut or destroy the weeds, grass and/or undesirable vegetation within seven days. When such notice is given, it shall remain in effect for 12 months, and the owner shall correct the problem described within the notice and shall continue to comply during the twelve-month period without the necessity of the Borough issuing further notices of violation prior to the Borough taking any action allowed under this chapter.
In case any owner or occupant shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough authorities may remove, trim or cut such weeds or other undesirable vegetation, and the cost thereof, together with any additional penalty authorized by law, may be collected by the Borough authorities from such defaulting owner or occupant, in the manner provided by law.
[Amended 9-23-2002 by Ord. No. 659; 11-26-2007 by Ord. No. 696; 10-27-2015 by Ord. No. 765; 10-22-2019 by Ord. No. 796]
Any person who shall violate any provision of this chapter or who shall fail, neglect or refuse to comply with any notice of violation shall be guilty of a violation of this chapter punishable in a summary criminal action by a fine of not less than $100 nor more than $1,000 plus costs of prosecution, including the Borough's reasonable attorneys' fees. Each day a violation continues shall be considered a separate offense.
[Added 10-22-2019 by Ord. No. 796]
The Borough hereby designates the Borough Code Enforcement Officer and police officers to enforce this chapter. The Code Enforcement Officer and police officers shall have the power to determine whether to issue an enforcement notice, a ticket, or a citation for the violation of this chapter. The Code Enforcement Officer may, in his or her discretion, issue an enforcement notice and, if the property owner does not comply with the enforcement notice, inform Council and request that Council authorize the removal of weeds, grass, and/or other undesirable vegetation in accordance with § 202-4 of this chapter.
The Code Enforcement Officer and police officers shall have the authority to issue a violation ticket prior to the institution of formal enforcement proceedings. The Code Enforcement Officer or police officers shall identify on the violation ticket all violations of any provision in this chapter, indicating, in each case, the section violated, the location where the violation took place, and any other facts that might be necessary in order to secure a clear understanding of the circumstances attending the violation. The Code Enforcement Officer or police officer shall personally serve the violation ticket upon the occupant of the property on which the violation has occurred or, if no occupant is present, shall attach to or place upon the door of such property the violation ticket. The violation ticket shall contain instructions to the occupant of the property that if such person will, within 30 calendar days after the date of the violation ticket, report to the office of the Borough and pay the sum as set forth in the fee schedule adopted from time to time by resolution of Borough Council and removes the condition identified in the violation ticket, such acts will save the violator from prosecution.