[Adopted 11-2-1984 by Ord. No. 362 (Ch. 10, Part 6, of the
1989 Code of Ordinances)]
A.
It shall be unlawful for any person, partnership, firm, corporation
or any agents thereof to permit, to plant or maintain, either intentionally
or negligently, the following growths and vegetations on their property
within the Borough, which are declared to be a public nuisance and
a detriment to the environment of the Borough of Port Vue:
(1)
Grass
in excess of eight inches;
(2)
Poison ivy, poison oak or other similar toxic vegetation;
(3)
Weeds and other obnoxious vegetation;
(4)
Dead, dying or diseased trees or shrubs, or parts thereof, whose
existence poses a hazard to persons or property in the vicinity of
said dead, dying or diseased trees or shrubs.
B.
Upon cutting grass or shrubs or removing weeds or other vegetation
pursuant to the within article, all remaining debris, including grass
clippings, shrub clippings, weeds or any other vegetation removed
or cut, shall be properly disposed of and shall not remain on the
property.
[Added 8-5-2015 by Ord.
No. 597]
[Amended 9-12-1989 by Ord. No. 401; 5-30-1990 by Ord. No. 412]
Any person, partnership, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600, and costs of prosecution, or,
in default of payment of such fine and costs, to undergo imprisonment
for not more than 90 days, provided each violation of any provision
of this article and each day the same is continued shall be deemed
a separate offense.
[Amended 9-12-1989 by Ord. No. 401; 6-7-2023 by Ord. No. 2023-658]
A.
The Building Inspector or their designee, or with respect to § 227-9A(4), an arborist or their designee or any other qualified individual to be identified from time to time by resolution of Council, shall have the power to enter upon any premises at any reasonable time to investigate the violation of any condition defined under § 227-9 of this article, and the Building Inspector, arborist or other qualified individual or designee, after investigation, shall declare any condition to the extent that it may specify a nuisance. He may order the same to be removed, abated, suspended, altered or make such order as the cause may require, in accordance with the following procedure:
(1)
After complaint and/or investigation, make a finding that a nuisance
exists and serve an order upon the person or his agent liable for
the same, if found within the Borough, and the occupant or tenant
of any property which may be the source of said nuisance or liable
for the same. If not found within the Borough, the owner or person
liable shall be served by registered mail, return receipt, to his
last known address. If mail service cannot be made, posting the premises
with the order and one publication in a newspaper of general circulation
within the Borough shall be deemed sufficient notice.
B.
In the event the respondent fails to comply with the order within
10 days, the Council shall issue a written order to its police officers
or other agents directing them to abate or remove the nuisance.
C.
If, in the opinion of the Building Inspector, arborist or other qualified
individual or designee, an emergency exists, he may order the nuisance
abated within such time deemed reasonable under the circumstances.
D.
The Building Inspector, arborist or other qualified individual or
designee shall certify the expenses incurred in abating any nuisance
to the Borough Solicitor, who shall collect or lien the same in the
manner now provided for municipal claims.
