[HISTORY: Adopted by the City Council of the City of Lock
Haven 9-11-1995 by Ord. No. 494B (Ch. 10, Part 1, of the 2003 Code of Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch.
3078.
[Added 12-17-2007 by Ord.
No. 811]
The following words, when used in this chapter, shall have the
meanings ascribed to them in this chapter.
The Code Enforcement Officer, the Zoning Officer, any City
police officer, or any other City employee assigned to enforcing City
ordinances.
[Amended 7-2-2018 by Ord.
No. 992]
The period of time beginning April 1 and ending October 31
in any given year.
[Added 7-2-2018 by Ord.
No. 992]
Any person living in a dwelling or having possession of a
space within a building.
[Amended 7-2-2018 by Ord.
No. 992]
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the municipality as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
[Amended 7-2-2018 by Ord.
No. 992]
Any individual, partnership, corporation, association, institution,
cooperative enterprise, or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties.
[Amended 7-2-2018 by Ord.
No. 992]
A lot, plot or parcel of land, whether improved or unimproved,
including portions occupied by a street or alley and portions of land
between sidewalks and streets.
[Amended 7-2-2018 by Ord.
No. 992]
[Amended 12-17-2007 by Ord. No. 811; 7-2-2018 by Ord. No. 992]
No person, firm or corporation owning or occupying a property
within the City of Lock Haven shall permit any grass or weeds or any
other vegetation whatsoever to grow or remain upon such premises to
exceed a height of eight inches, subject to the following exceptions:
A.
Vegetation which is edible and cultivated for that purpose shall
be permitted to exceed a height of greater than eight inches, provided
it is planted, cultivated, and maintained in an orderly manner.
B.
Vegetative growth commonly recognized as having an ornamental purpose
shall be permitted, provided it is planted, cultivated, and maintained
in an orderly manner.
C.
The use of native plant species for aesthetic reasons or introduced
plant species to attract and aid wildlife may be planted and cultivated,
provided it is planted, cultivated, and maintained in an orderly manner.
D.
Plant growth to offset and control any soil loss problems both occurring
or predicted shall be permitted, provided it is planted, cultivated,
and maintained in an orderly manner.
The owner or occupant of any premises, whether vacant or occupied, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 194-2 of this chapter.
On or before April 20 of each year, the Chief of Police shall give notice in a newspaper of general circulation within the City of Lock Haven, ordering removal or trimming of said grass and weeds or other vegetation. This shall be the only notice given and if the same is not adhered to by the owner or occupant of any property during that period, the City of Lock Haven may take necessary steps to bring said premises in conformity with § 194-2 and collect the costs thereof, as provided herein.
It shall be unlawful for any owner, tenant, occupant or agent
of any lot of land, house or tenement in the City of Lock Haven to
allow or permit any weeds or brushes to grow and remain upon that
portion of the street or alley immediately in front or adjoining said
premises between the property line of such street or alley and the
outer edge of the roadway of such street or alley commonly known as
the curbline. It is the intent and meaning of this chapter that a
portion of streets or alleys between the property line and the outer
edge of the roadway, commonly known as the curbline, which space is
ordinarily occupied by lawns, sidewalks and shade trees, shall be
clipped clean and clear of all kinds of weeds, bushes and refuse by
the owner, tenant, occupant or agent of the property immediately abutting
such space under a penalty for the violation as provided herein.
[Added 12-17-2007 by Ord.
No. 811; amended 7-2-2018 by Ord. No. 992]
A.
Upon the discovery of an initial violation on a premises during a
growing season, the Enforcement Officer shall give written notice
of warning to the owner and/or occupant of such violation by posting
the property and providing notice either by United States mail, certified,
return receipt requested, to the owner and/or occupant's last
known address or by personal service. Following receipt of notice,
the owner and/or occupant shall have 48 hours to abate such violation.
This section shall not apply to subsequent violations after the initial
violation by the same owner and/or occupant of a property during the
same growing season.
B.
After a period of no less than 48 hours following the receipt of
the notice of warning, the Enforcement Officer may inspect the premises
for compliance with this chapter.
C.
If the owner and/or occupant does not abate the violation within 48 hours of receipt of the notice of warning, or in the event of a subsequent violation within the same growing season where no notice of warning is required, then an ordinance violation shall be issued to the owner and/or occupant by posting the property and providing notice either by United States mail, certified, return receipt requested, to the owner and/or occupant's last known address or by personal service. Each twenty-four-hour period shall constitute a separate violation and an ordinance violation may be issued every 24 hours following the expiration of the initial forty-eight-hour period specified in Subsection A without further notice as required by that section.
D.
The notice of violation set forth in Subsection C shall direct and require such occupant or owner, or both of them, to remove, trim, or cut such grass, weeds or vegetation so as to conform to the requirements of this chapter, within 48 hours after posting of such notice. If any owner or occupant shall neglect to comply with such notice within the period of time stated therein, the City authorities may remove, trim or cut such grass, weeds or vegetation so as to comply with the provisions of this chapter, and the reasonable cost thereof, including court costs and attorney's fees, together with any additional penalty authorized by law, may be collected by the City from such owner or occupant as a penalty under the provisions of this chapter, or in any other manner provided by law. This right, as herein vested in the City, shall be in addition to the penalties prescribed by § 194-7 for the failure of the owner or occupant to comply with the terms of this chapter.
E.
In addition to, and notwithstanding the City's exercise or non-exercise
of the above procedures, following the issuance of a notice of warning
(in the event of an initial violation) or without such issuance (in
the event of a subsequent violation during the same growing season),
the Enforcement Officer may issue a citation to the owner/occupant
and commence proceedings regarding same in the office of the applicable
Magisterial District Judge.
[Amended 2-24-2003 by Ord. No. 670; 12-17-2007 by Ord. No. 811; 7-2-2018 by Ord. No. 992]
Any person, firm, or corporation who shall violate the terms
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not less than $300, nor more than $1,000, plus costs. Each
day's violation shall constitute a separate offense and notice
to the offender shall not be necessary in order to constitute a separate
offense, nor shall notice to the offender be necessary to constitute
an offense. In default of payment of the penalty stated herein, such
offender may be committed to the county jail for a period not exceeding
30 days.
[Added 12-17-2007 by Ord.
No. 811]
The Enforcement Officer is hereby empowered to give notice,
by personal service or by United States mail, to the owner and/or
the occupant of a violation of the terms of this chapter, directing
and requiring such occupant or owner or both of them to remove, trim
or cut such grass, weeds or vegetation so as to conform to the requirements
of this chapter, within 48 hours after issuance of such notice. If
any owner or occupant shall neglect to comply with such notice within
the period of time stated therein, the City authorities may remove,
trim or cut such grass, weeds or vegetation so as to comply with the
provisions of this chapter, and the reasonable cost thereof, together
with any additional penalty unauthorized by law, may be collected
by the City from such owner or occupant as a penalty under the provisions
of this chapter, or in any other manner provided by law. This right,
as herein vested in the City, shall be in addition to penalties prescribed
by the provisions of this chapter for the failure of the owner or
occupant, as aforesaid, to comply with the terms of this chapter.
The City may abate any violation of this chapter and shall charge
all costs therefor, plus 10% of said costs, to the person, firm or
corporation convicted of said violation; provided, however, said person,
firm or corporation shall first have, upon conviction, seven days
to abate said violation, before City may perform the same.
