[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Providence 2-12-1968 by Ord. No. 110. Amendments
noted where applicable.]
[Amended 9-18-2008 by Ord. No. 570]
No owner or occupant of any lot, place or area
within Lower Providence Township, or the agent of such owner or occupant,
shall permit on such lot, place or area or upon any sidewalk abutting
the same any weeds, grass or deleterious, unhealthful growths or other
noxious matter that may be growing, lying or located thereon. No owner
or occupant of a lot which is greater in size than 1 1/2 acres shall
be in violation of this chapter, provided that said owner or occupant
removes any such weeds, grass or deleterious, unhealthful growths
or other noxious matters within 12 feet of each lot property line.
[Amended 10-4-2001 by Ord. No. 461; 9-18-2008 by Ord. No. 570]
The Code Enforcement Department is hereby authorized
and empowered to notify, in writing, the owner or occupant of any
such lot, place or area within Lower Providence, or the agent of such
owner or occupant, to cut, destroy or remove any such weeds, grass
or deleterious, unhealthful growths or other noxious matter in excess
of six inches in height found growing, lying or located on such owner's
or occupant's property or upon the sidewalk abutting the same. Such
notice shall be made by registered or certified mail, return receipt
requested, to said owner, occupant or agent of said owner or occupant
at the last known address of said party.
[Amended 3-14-1983 by Ord. No. 295]
Upon the failure, neglect or refusal of any owner, occupant or agent of owner or occupant, so notified, to cut, destroy and/or remove weeds, grass or deleterious, unhealthful growths or other noxious matter growing, lying or located upon such owner's or occupant's property or upon the sidewalk abutting same within five days after receipt of the written notice provided for in § 64-2 above, or within five days after the date of such notice in the event the same is returned to the Township Office because of the inability of the post office to make delivery thereof, provided the same was properly addressed to the last known address of such owner, occupant or agent of owner or occupant, said owner or occupant is hereby deemed to be in violation of this chapter and, upon conviction in a summary proceeding, shall be subject to a fine of not more than $300 plus costs of prosecution.
If said owner or occupant of said land fails, refuses or neglects to cut, destroy and/or remove said weeds, grass or deleterious, unhealthful growths or other noxious matter growing, lying or located upon subject owner's or occupant's property or upon the sidewalk abutting same within the time limits set forth in § 64-3 above, then and in that event the Supervisors of Lower Providence Township, their agents or employees may enter upon said land and remove the same. The expense of such removal shall be paid by said owner or occupant and shall be a lien upon the land for which a lien may be filed by said Supervisors, in the name of the Township, in the Court of Common Pleas of Montgomery County within six months from the date of completion of the work of abatement, subject to the same proceedings for entry and revival of judgment and execution as are provided by law for other municipal liens. The Supervisors may also maintain an action against such owner or occupant, in the name of the Township, to recover the amount of such expense in the same way as debts of like amount are by law recoverable, and the same when recovered either by enforcement of lien or by personal action shall be paid to the Township Treasurer, to be held and used for Township purposes.
Whenever such owner or occupant or agent of
owner or occupant shall have been notified by the authorities of Lower
Providence Township or by service of summons or prosecution or in
any other way that the subject owner or occupant or agent of owner
or occupant has committed such violation, every day that such owner
or occupant shall continue in such violation shall constitute a separate
offense, punishable by a like fine or penalty.
