Borough of South Waverly, PA Article I Brush, Grass and Weeds

[Adopted 8-17-1987 by Ord. No. 8-17-87A (Ch. 42 of the 1992 Code)]

§ 409-1 Definitions and word usage.

A. As used in this article, the following terms shall have the meanings indicated:

PERSON

Any natural person, partnership, association, firm or corporation.

B. Word usage. The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 409-2 Cutting and removal of noxious vegetation required.

It shall be unlawful for any person owning or occupying any property within the Borough of South Waverly to 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 so as to exceed a height of 12 inches, to throw off any unpleasant or noxious odor, to conceal any filthy deposit or to create or produce pollen. The cutting of such grass, weeds or other vegetation twice a month in the months of May, June, July, August and September and the removal of the grass, weeds or other vegetation so cut shall be deemed evidence that no violation of this section shall have been created.

§ 409-3 Duty of owner or occupant.

The owner of any vacant premises or premises occupied by the owner, and the occupant thereof in the case of premises occupied by other than the owner thereof, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of any of the provisions of § 409-2 of this article.

§ 409-4 Notice of violation; noncompliance.

The Borough Council or any officer of the Borough designated thereby for the purpose is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of any of the provisions of § 409-2 of this article, directing and requiring such owner or occupant to remove, trim or cut such grass, weeds or other vegetation so as to conform to the requirements of this article within 15 days after issuance of such notice. In case any person shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough authorities may remove, trim or cut such grass, weeds or other vegetation, and the cost thereof, with an additional charge of 10%, shall be collected by the Borough from such person in default, in the manner provided by law.

§ 409-5 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Bradford County.