[HISTORY: Adopted by the Board of Supervisors of the Township
of Fairview as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-11-1973 by Ord. No. 73-6 (Ch. 10, Part 1, of the
1991 Code of Ordinances)]
This article shall be known and may be cited as the "Weed Control
Ordinance."
For the purposes of this article, the following words shall
have the meaning ascribed to them in this section, unless the context
clearly indicates otherwise:
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
Township of Fairview, York County, Pennsylvania.
All grass, plant life or vegetation whatsoever, which is
not edible, or is not planted for some useful or ornamental purpose,
or which throws off any unpleasant or noxious odor, or which conceals
any filthy deposits or tends to create or produce pollen.
[Amended 6-30-2014 by Ord. No. 2014-5; 9-29-2014 by Ord. No. 2014-10]
Owners, occupants, tenants, lessees and managers of real property,
whether occupied or vacant, in any zoning district of Fairview Township,
shall maintain such real property so that weeds and/or grass shall
be cut or removed so as to keep such weeds and/or grass from growing
to a height of not more than eight inches. Said real property shall
be kept free and clear of junk, debris and dangerous, objectionable
or noxious matter.
A.
In addition to any penalties or fines which may be imposed, the Township
may give notice to the owner or occupant to abate or eliminate the
nuisance, objectionable act or violation of this article, and upon
failure of the owner or occupant to do so within 10 days of said notice,
the Township may eliminate the nuisance, objectionable act or violation
of this article, or correct same and collect the cost of same, together
with 10% of the said cost. The Township may file a municipal claim
against the premises to recover said cost plus 10%, or bring an action
in assumpsit.
B.
The Township may also, in addition to any of the above, file a bill
in equity to enforce these provisions, enjoin any or to recover any
expenses incurred by the Township.
[Amended 4-26-1989 by Ord. No. 89-3; 5-14-1991 by Ord. No. 91-2; 8-13-1996 by Ord. No. 96-5; 9-29-2014 by Ord. No. 2014-10]
Any person who or which has violated or permitted the violation
of the provisions of this chapter shall be subject to a summary criminal
proceeding before the Magisterial District Judge as provided by the
Pennsylvania Rules of Criminal Procedure, as may be amended from time
to time. Upon a finding of a violation hereunder, a fine of not more
than $1,000, plus the costs of prosecution, including court costs
and reasonable attorney fees incurred by the Township to prosecute
the violation, shall be imposed, and such person may be subject to
imprisonment of up to 30 days in the event such fines and costs are
unpaid. Each day that such violation(s) continue shall constitute
a separate offense of this chapter.
[Adopted 6-28-2004 by Ord. No. 2004-3 (Ch. 5, Part 3, of
the 1991 Code of Ordinances)]
This municipality hereby elects to administer and enforce the
provisions of the 2003 edition of the International Property Maintenance
Code, regulating and governing the conditions and maintenance of all
property, buildings and structures; by providing the standards for
supplied utilities and facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary and fit for
occupation and use; and the condemnation of buildings and structures
unfit for human occupancy and use, and the demolition of such existing
structures in Fairview Township; and providing for the issuance of
permits and collection of fees therefor.
The International Property Maintenance Code, 2003 Edition, as published by the International Code Council, as it may be amended from time to time, is hereby adopted and incorporated herein by reference as the Property Maintenance Code of Fairview Township, York County, Pennsylvania, for the purpose of regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Codes Administration Director are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 215-8 of this article.
[Amended 9-29-2014 by Ord. No. 2014-10]
The following sections of the International Property Maintenance
Code, 2003 Edition, as amended, are hereby revised, as follows:
[Added 9-29-2014 by Ord.
No. 2014-10]
Any person who or which has violated or permitted the violation
of the provisions of this chapter shall be subject to a summary criminal
proceeding before the Magisterial District Judge as provided by the
Pennsylvania Rules of Criminal Procedure, as may be amended from time
to time. Upon a finding of a violation hereunder, a fine of not more
than $1,000, plus the costs of prosecution, including court costs
and reasonable attorney fees incurred by the Township to prosecute
the violation, shall be imposed, and such person may be subject to
imprisonment of up to 30 days in the event such fines and costs are
unpaid. Each day that such violation(s) continue shall constitute
a separate offense of this chapter.
This article shall become effective July 5, 2004.
