[HISTORY: Adopted by the Town Council of the Municipality
of Kingston 10-1-2012 by Ord. No. 2012-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 89.
Fire prevention — See Ch. 94.
Garbage, rubbish and refuse — See Ch. 103.
Hazardous materials — See Ch. 109.
Littering — See Ch. 118.
Property maintenance — See Ch. 135.
Trees and shrubs — See Ch. 167.
[1]
Editor's Note: This ordinance superseded former Ch. 107,
Grass, Weeds and Other Vegetation, adopted 12-14-1970, as amended.
For the purpose of this chapter, the following definitions shall
apply:
That period of time during which vegetation is capable of
growth during a calendar year.
A dangerous, onerous or unhealthy condition capable of causing
harm or being offensive to individuals, including, but not limited
to, unattended and putrid swimming pools, waste materials left on
properties and other such matters.
Any person, firm or entity entitled to reside in, use or
otherwise control a premises pursuant to a lease, license or permission
of the owner. The verb to describe an occupant's activity shall
be "occupying."
Any person, firm or entity holding record title to real estate
in the Municipality of Kingston.
For the purpose of this chapter, the term "owner" shall include
any entity deemed to be "in open, peaceable and notorious possession
of the property," and thereby an "owner" as defined by the Municipal
Claim and Tax Lien Law of 1923.[1] When a titled owner or owners of a property have vacated
and/or abandoned a property and a mortgage holder shall have commenced
an action in mortgage foreclosure, said mortgage holder shall be deemed
in "open, peaceable and notorious possession of the property" pursuant
to the powers and privileges granted to it by the titled owner in
its mortgage, and thereby an "owner" as defined by the Municipal Claim
and Tax Lien Law of 1923.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
No person, firm or corporation owning or occupying any property
within the Municipality of Kingston 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, or within
the grass plots commonly referred to as the "tree lawn" along the
street or sidewalk abutting 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 or
seed. Such owner or occupant shall cut, trim or remove all such grass,
weeds or other vegetation as necessary to comply with the provisions
of this chapter. Any grass, weeds or other vegetation growing upon
or along any premises in the Municipality in violation of any of the
provisions of this chapter is hereby declared to be a nuisance and
detrimental to the health, safety, cleanliness, welfare and comfort
of the inhabitants of the Municipality.
A.Â
The owner of any premises, whether the owner is the occupant of the premises or not, shall remove, trim or cut all grass, weeds, or other vegetation growing or remaining upon the premises, or within the grass plots commonly referred to as the "tree lawn" within the municipal right-of-way, as required by § 107-2 of this chapter and, in so doing, shall not cause the same to be placed or blown upon any public street, thoroughfare or alleyway under the jurisdiction or control of the Municipality of Kingston. The owner of any premises, whether the owner is the occupant of the premises or not, shall remediate any hazardous condition on his, her or its premises.
B.Â
The occupant of any premises, whether the occupant is the owner of the premises or not, shall have a concurrent duty and obligation and shall remove, trim or cut all grass, weeds, or other vegetation growing or remaining upon the premises, or within the grass plots commonly referred to as the "tree lawn" within the municipal right-of-way, as required by § 107-2 of this chapter and, in so doing, shall not cause the same to be placed or blown upon any public street, thoroughfare or alleyway under the jurisdiction or control of the Municipality of Kingston. The occupant of any premises, whether the occupant is the owner of the premises or not, shall have a concurrent duty and obligation and shall remediate any hazardous condition on his, her or its premises.
A.Â
The Municipal Administrator, or any officer or employee of the Municipality designated thereby for the purpose, is hereby authorized to give notice, by United States mail, personal service or posting on the property in a conspicuous place, to the owner or occupant, as the case may be, of any premises where grass, weeds or other vegetation is growing or remaining or a hazardous condition exists in violation of § 107-3. Such notice shall direct and require the owner and/or occupant to remove, trim or cut such grass, weeds or other vegetation and/or remediate any hazardous condition so as to conform to the requirements of this chapter within 48 hours after issuance of said notice.
B.Â
In the event any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time set forth therein, the municipal authorities may remove, trim or cut such grass, weeds and other vegetation and/or remediate any hazardous condition, and the cost of such work may be charged and collected from the owner and/or occupant at rates set forth in Chapter 89 of the Kingston Municipal Ordinances.
C.Â
Should a property receive service from the Municipality of Kingston
at any time during the pendency of a mortgage foreclosure action and
should the titled owners have vacated the premises, the plaintiff
mortgage holder in said mortgage foreclosure action will be deemed
to be "in open, peaceable and notorious possession of the property,"
and thereby an "owner" as defined by the Municipal Claim and Tax Lien
Law of 1923. In that event, notice of the provision of service and
the bill therefor will be provided to the named plaintiff in the foreclosure
action at the address listed in the foreclosure action filed of record
in the office of the Prothonotary of Luzerne County (or the Clerk
of the Civil Division of said court) in addition to the titled owner
of the premises. Should payment of the bill for services not be paid
by either the titled owner or the named plaintiff in the foreclosure
action, the municipal lien allowed by the Municipal Claim and Tax
Lien Law of 1923 shall be filed against both the titled owner and
the mortgage foreclosure plaintiff.
D.Â
Should services have been provided to a property while the titled
owner of a premises was in possession and/or during such period of
time intervening between the titled owner's occupancy and the
commencement of an action in mortgage foreclosure, and should a mortgage
foreclosure action be subsequently filed against the premises and/or
the titled owners, the plaintiff in the foreclosure action shall be
given notice of the services previously provided and the lien if such
has been filed and attached to the premises.
E.Â
The plaintiff in the mortgage foreclosure action shall then be deemed
to be "in open, peaceable and notorious possession of the property."
Said deemed owner in open, peaceable and notorious possession of the
property shall then be provided 30 days to satisfy said bill for services.
After the expiration of 30 days, a lien pursuant to the Municipal
Claim and Tax Lien Law of 1923 may be filed by the Municipality against
both the titled owner and the foreclosure plaintiff.
