Borough of Mars, PA BRUSH, GRASS AND WEEDS

The purpose of this chapter is to insure that the owners of all property, excluding certain exceptions, will maintain the growth of brush, grass, weeds, and other vegetative growth in such a manner to insure the health, safety and welfare of the residents of the Borough of Mars.

§ 90-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADMINISTRATOR: Borough Secretary, Zoning Officer, Code Enforcement Officer and police officers of the Borough.

BOROUGH: The Borough of Mars.

OWNER: That person, company, public entity, or corporation in whose name the property is recorded by deed in the Butler County Office of the Recorder.

§ 90-3 Cutting and removal requirements.

Except as provided in § 90-4 of this chapter, it shall be the duty of every owner of real estate in the Borough of Mars to maintain the brush, grass, weeds or vegetation, the latter of which is not edible nor planted for some useful or ornamental purpose, to grow or remain upon their property or the right-of-way which abuts their property so that such brush, grass, weeds or vegetation does not:

(1)

Exceed a height of six inches;

(2)

Throw off any unpleasant or noxious odor;

(3)

Conceal any garbage or trash; or

(4)

Create or produce pollen.

All vegetation around utility poles, sign posts, fences and structures must be trimmed in accordance with this chapter.

The cutting of such brush, grass, weeds or other vegetation every two weeks during the months of April, May, June, July, August, September and October and the removal of the brush, grass, weeds or other vegetation so cut shall be deemed evidence that no violation of this chapter has been created.

The owner of any real estate located within the Borough shall cut, trim or remove all brush, grass, weeds or other vegetation growing or remaining upon such premises or in the abutting right-of-way in violation of any of the provisions of this chapter.

No vegetation cuttings can be deposited in the public streets, and they must be removed immediately after cutting.

§ 90-4 Exceptions and waivers.

The provisions of this chapter shall not apply to any property which may be used for:

(1)

Hedgerow.

(2)

Ornamental landscape planting.

(3)

Undisturbed open space or forested area.

Waivers.

(1)

Notwithstanding any other provision herein to the contrary, the provisions of this chapter may be waived by the Borough, with respect to the following lots, upon application by the owner to the Borough Council:

(a)

None of the lands abutting or across a road from the lot are being put to developed uses.

(b)

All abutting developed lands are owned by (and occupied by no one other than) the party owning the lot in question, or the abutting landowners waive enforcement of the terms of this chapter against the lot.

(2)

The waivers in Subsection B(1)(a) and (b) above shall not apply to that portion of the lot within 50 feet of an existing road surface, said portion still requiring vegetation control pursuant to § 90-3 of this chapter.

§ 90-5 Notice of violation.

Whenever it shall be reported to the Borough Secretary, Zoning Officer, Police Department or the Council of the Borough that any owner of any real estate in the Borough has failed or neglected to comply with any of the terms of this chapter, a written notice shall be served, by regular mail, with proof of mailing, upon the owner directing the owner to comply with all terms of this chapter within five days after issuance of such notice.

§ 90-6 Violations and penalties. [1]

Any property owner violating any of the provisions of this chapter shall forfeit and pay, upon conviction thereof before a Magisterial District Judge, a penalty not exceeding $300 for each and every offense, together with the cost of prosecution, or be subject to imprisonment for not more than 90 days. Whenever any property owner shall have been notified by the Borough, by service of summons in a prosecution or in any other way, that he is committing such violation of this chapter, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.

[1]:

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).