Borough of Trainer, PA Grass, Weeds and Other Vegetation

[Amended 9-8-1983 by Ord. No. 531; 11-14-1985 by Ord. No. 549; 7-8-1993 by Ord. No. 592; 10-14-1993 by Ord. No. 594]

Permitted height of vegetation.

It shall be unlawful for any owner, occupant, tenant, property manager or other property agent of property located within the Borough of Trainer to permit grass, weeds and/or similar vegetation, not planted for some useful or ornamental purpose, to grow or remain on said premises at a height exceeding six inches in any area which is residentially zoned and, further, in any area which is within 200 feet of any residentially zoned property. Any such grass, weeds and similar vegetation in excess of six inches and within a residentially zoned district is hereby declared to be a nuisance and detrimental to the health, safety and comfort of the inhabitants of the Borough.

(2)

It shall be unlawful for any owner, occupant, tenant, property manager or other property agent of property located within a commercial or industrial zoning district within the Borough of Trainer to permit grass, weeds and/or similar vegetation, not planted for some useful or ornamental purpose, to grow or remain on said premises at a height exceeding six inches in any area within 20 feet of a boundary line between parcels of land upon which is erected, on one or both parcels, a structure of any type, inhabited or not, or adjacent to any curbline, sidewalk, roadway or cartway. Any such grass, weeds and similar vegetation in excess of six inches and closer than 20 feet to any boundary line between parcels of land is hereby declared to be a nuisance and detrimental to the health, safety and comfort of all inhabitants of the Borough.

B.

Vegetation within 20 feet of boundaries.

(1)

Any hedges, bushes, trees or vegetation of any type, kind or nature which is used as an ornamental or as a privacy fence or barrier shall not, when located within 20 feet of any boundary line between parcels of land or within 20 feet of any curbline, sidewalk, roadway or cartway, exceed six feet in height nor shall it extend over or onto property lines, sidewalks, streets or alleys. All such hedges, bushes, trees or vegetation shall be kept properly trimmed, clipped and/or pruned and shall not interfere with the use of any neighboring property, nor shall it interfere with the public's use of any sidewalk, driveway, street or other cartway.

(2)

Any person, partnership, corporation or other entity may request a waiver from this section by submitting an application to Borough Council. Borough Council shall hold a public hearing on such an application within 60 days after the receipt of such application. Notice of the hearing shall be provided to all adjoining property owners, and in the event that the waiver would affect the public's use of any sidewalk, street, cartway or other public easement or right-of-way, notice shall be advertised once in a newspaper of general circulation within the Borough not more than 30 days prior to the hearing nor less than five days prior to the hearing. The costs of advertising shall be borne by the applicant. The applicant shall have the right to appeal the decision of Borough Council to the Court of Common Pleas of Delaware County. However, in order to preserve the right to appeal, the applicant must pay for the services of a court stenographer to record and transcribe the notes at the time of the hearing. The applicant shall post the sum of $300 with the Borough Secretary to cover the costs of advertising and of the court stenographer. In the event that the costs exceed the sum of $300, the applicant shall pay all such additional sums upon demand by the Borough. In the event that the costs are less than the amount posted, the applicant shall receive a refund within 30 days after all bills related to advertising and the court stenographer have been received by the Borough.

[Amended 9-8-1983 by Ord. No. 531; 10-14-1993 by Ord. No. 594]

All grass, weeds and/or other vegetation permitted to grow or remain contrary to the provisions of § 196-4 of this article shall be abated by the said owner, occupant, tenant, property manager or other property agent of said property, and upon failure of said owner, occupant, tenant, property manager or other property agent of said property to abate the same, the same shall be abated under the direction of the Borough Council or of the Borough Secretary or of such other person or board designated by the Council. The costs to abate the nuisance, together with a penalty of 10%, shall be paid by the owner, occupant, tenant, property manager or other property agent to the Borough. Upon failure to receive the costs and the penalty of 10%, the Borough may cause the costs plus the penalty to be liened, together with all costs incurred, by filing the lien, and/or the Borough may initiate any other legal action as may be available.

[Amended 9-8-1983 by Ord. No. 531; 11-14-1985 by Ord. No. 549]

No grass clippings shall be permitted to rest on sidewalks or streets or to be discharged into the streets at any time in any place in the Borough.

[Amended 9-8-1983 by Ord. No. 531; 11-14-1985 by Ord. No. 549; 10-14-1993 by Ord. No. 594; 8-11-2005 by Ord. No. 670]

Any person, partnership, company, corporation or other entity who shall violate any provision of this article shall pay a fine of not more than $600 and/or be sentenced to imprisonment for a term not to exceed 90 days. Each day that a violation of this article continues to exist shall constitute a separate offense.