[Ordinance 219, June 21, 1960, Section 1]
No person, firm or corporation, owning or occupying any property within the Borough of Mifflinburg, 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 six inches or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or produce pollen. Any weeds, grass or other vegetation growing upon any premises in the Borough 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.
Editor's Note: Following Section 6 of this ordinance is a provision repealing all inconsistent ordinances and parts of ordinances.
[Ordinance 219, June 21, 1960; as added by Ordinance 95-04, September 19, 1995, Section 1]
The depositing of any amount of grass clippings onto the public cartway is detrimental to the storm sewers and also causes safety problems. It shall be a violation of this Part to permit grass clippings from any private property to remain on the cartway or road shoulder of any public way in the Borough of Mifflinburg for a period in excess of two hours.
[Ordinance 219, June 21, 1960, Section 2]
The owner of any premises, as to vacant 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 the first section of this ordinance.
[Ordinance 219, June 21, 1960, Section 3]
The Borough Council, or any officer or employe of the Borough 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 the first section of this ordinance, directing and requiring such occupants to remove, trim or cut such weeds, grass or vegetation so as to conform to the requirements of this ordinance, within five days after issuance of such notice.
[Ordinance 219, June 21, 1960, Section 4]
In case any person, firm or corporation shall neglect, fail or refuse to comply with the notice provided in Section 3, within the period of time stated therein, the Borough authorities may cause such grass, weeds or vegetation to be removed, trimmed or cut. There is hereby imposed a change of $10 plus the actual cost of the labor involved for each time the Borough shall cause such grass, weeds or vegetation to be removed, trimmed or cut; and the owner or occupant, as the case may be, of the premises shall be billed after the same has been completed.
Editor's Note: Section 3 of this chapter.
[Ordinance 219, June 21, 1960, Section 5]
Should any bill or bills for the removing, trimming or cutting of grass, weeds or vegetation be unpaid on or before November 1 of each year a penalty of 10% shall be added to such bill or bills, and a lien shall be filed against the premises in the same manner as other municipal claims are filed.
[Ordinance 219, June 21, 1960, Section 6]
Any person, firm or corporation who or which shall violate or fail, neglect or refuse to comply with any of the provisions of this ordinance shall, upon conviction, be sentenced to pay a fine of not more than $25 and costs of prosecution. Provided, each day's violation shall constitute a separate offense, and notice to the offender shall not be necessary in order to constitute an offense.
Editor's Note: Sections 1 to 6 of this chapter.
[Ordinance 83-6, September 20, 1983, Section 1]
As used in this ordinance [this Part 2], the following words and terms used shall have the meanings ascribed to them in this section:
- Any item resting for 96 hours or more and which is inoperable, without current registration plates, certificate, or inspection, or in such a condition as to be unusable.
- A stove, refrigerator, television, furnace, water heater, water softener, washer, dryer, or mangle, household article used to perform any necessary work in a household, any article used in business to increase production or to speed, ease, or eliminate work.
- Any vessel capable of transporting a person on any river, stream, creek, lake or ocean.
- Any item resting for 96 hours or more with no known owner.
- HOUSEHOLD FURNISHING
- All items normally found and used in a home.
- Items sold or to be sold for scrap, being stripped or being used or sold for parts.
- A natural person, the members of an unincorporated association, all of the partners of a partnership, and the officers and board of directors of a corporation.
- A wheeled device used as a means of carrying, hauling, or conveying any vehicle, person, animal, object or boat.
- An automobile, motorcycle, motorbike, minibike, bicycle, go-cart, truck, or other wheeled means of conveyance, motorized or self-propelled.
[Ordinance 83-6, September 20, 1983, Section 1; as amended by Ordinance 99-02, April 20, 1999, Section 1]
Pursuant to Section 1202(5) of the Borough Code (53 P.S. 46202(5)), the Borough of Mifflinburg does hereby declare that any junk abandoned or discarded vehicle, trailer, boat, appliance or household furnishing is a nuisance and a danger to the public interest of the residents of the Borough of Mifflinburg. It shall be unlawful for any person to accumulate or store, not in an enclosed structure, any junk, abandoned or discarded vehicle, trailer, boat, appliance or household furnishing on private or public property within the Borough of Mifflinburg.
The owner or occupant of a property containing any such abandoned items shall, upon notice from the Borough, remove said abandoned items within a period of 10 days. In the event the owner, occupant or tenant shall fail or refuse to remove such abandoned item within 10 days of the notice to remove such item, then the Borough authorities may proceed immediately to remove such items from the property whereon the abandoned items are located.
The Borough may use the services of a bonded salvor for the removal of abandoned items. In such event, then all towing and storage fees shall be recovered by and through the salvor.
The Borough, upon removing said abandoned items, reserves the right to collect the expenses of such removal, together with a penalty of 10% of any costs and any additional amount allowed by law from the owner, occupant or tenant of the property from which the abandoned property was removed. This is in addition to any fine or penalty imposed under Section 23 of this Part.
A lien may be filed against the property where the abandoned property was located for the amount of the penalty and the costs for the removal of the abandoned items by the Borough with the filing in the Office of the Prothonotary and collected in the manner provided for in the filing and collection of municipal claims, as now is or in the future may be provided by law.
[Ordinance 83-6, September 20, 1983, Section 3; as amended by Ordinance 99-02, April 20, 1999, Section 2]
Any person, upon summary conviction of violation under Section 22 of this Part shall, for the first offense, be sentenced to pay a fine of not less than $10 or more than $30 and costs of prosecution and for every subsequent offense, shall be sentenced to pay a fine of not less than $25 or more than $100 and costs and, in default in payment of a fine and costs assessed under this Section, shall undergo imprisonment for not less than five days or more than 30 days. Each day the person is in violation of Section 22 of this Part shall constitute a separate offense.
[Ordinance 83-6, September 20, 1983, Section 3; as amended by Ordinance 99-02, April 20, 1999, Section 3]
[Ordinance 83-6, September 20, 1983, Section 5]
The provisions of this ordinance [this Part 2] are severable and if any word, clause, sentence, section, or provision of this ordinance is declared unconstitutional, the remaining words, clauses, sentences, sections and provisions shall not be impaired thereby.