[HISTORY: Adopted by the Board of Commissioners of the Township
of Manheim 5-12-1969 by Ord. No. 1969-7; amended in its entirety 11-23-2015 by Ord. No. 2015-17. Subsequent amendments noted where applicable.]
A.
Any weeds, and any vines, grasses or other vegetation (not including
bushes and trees) which are not edible and are not planted for a clearly
useful or ornamental purpose, which exceed six inches in height on
any improved property or 12 inches in height on any unimproved property
in Manheim Township are hereby declared to be a nuisance and detrimental
to the health, safety, cleanliness and comfort of the inhabitants
of the Township.
B.
It is unlawful for any person or persons or any partnership or association
or any corporation owning or occupying land or lands in Manheim Township
to permit any such weeds, vines, grasses or other vegetation to grow
or remain on any lot or tract of ground in Manheim Township, except
on the following lots or tracts of ground:
A.
Notices of violation of this chapter shall be sent by Manheim Township
to the owner and occupant of any such lot or tract of land by:
(1)
Sending written notice of violation by certified and first-class
mail to the address of the owner of the property and to the last known
address of any person or persons or any partnership or association
or any corporation listed as owner and to the lending institution
or its agent for foreclosed properties.
(2)
If the certified mail and first-class mail are returned as undeliverable,
by leaving written notice of violation on the premises either by handing
such notice to an adult in charge of the premises or by affixing a
copy of the notice to the premises at a conspicuous place thereon.
B.
The notice shall specify the nature of the violation and shall require
abatement of the violation within 10 days of service of the notice
of violation. Upon cause shown, the Township Police Department may
extend the abatement period by 10 additional days and shall document
such extension in the Police Department report.
C.
The owner/occupant of any property, or in the case of foreclosure
the lending institution or its agent, shall receive one notice of
violation per season. Future violations during the same season shall
be issued citations without further notice.
A.
In the event the owner or occupant or lending institution or its
agent shall refuse or neglect to abate such nuisance within a period
of 10 days or any extension thereof, the Township may cause such weeds,
vines, grasses, or other objectionable vegetation to be removed, keeping
an account of the expense of inspecting the premises, service of the
notice, and abating the nuisance. All such costs and expenses shall
be charged to and paid by the owner or occupant.
B.
Alternatively, the Township may cause the abatement of the nuisance
by suit in equity. In such event, the owner or occupant shall be liable
for all costs and attorneys' fees incurred by the Township.
A.
All costs and expenses incurred by the Township in the abatement
of such nuisances shall be a lien upon the premises; and whenever
a bill therefor remains unpaid for a period of 60 days after it has
been rendered, the Township may request that the Township Solicitor
file a municipal claim for such costs and expenses, together with
a penalty of 10% thereon, in the manner provided by law for the collection
of municipal claims.
B.
Alternatively, the Township may request that the Township Solicitor
file an action in assumpsit for collection of the amount due, including
attorneys' fees and costs, without filing a municipal claim.
Failure to abate any such nuisance in accordance with the requirements of the notice issued under § 277-2 shall constitute a violation of this chapter, and such violator, in addition to payment of the costs and expenses referred to in § 277-3, including attorneys' fees, shall, for every such violation, be subject to a fine or penalty of not less than $100 per day nor more than $1,000 plus costs and any attorneys' fees incurred in the prosecution of such violation. Each day's continuance of a violation of any provision of this chapter, after the expiration of the 10 days referred to in § 277-2, shall constitute a separate violation punishable by a separate fine or penalty.
