Township of Hamilton, PA Chapter 142 Weeds and Other Vegetation

[HISTORY: Adopted by the Board of Supervisors of the Township of Hamilton 11-3-1997 by Ord. No. 78. Amendments noted where applicable.]

GENERAL REFERENCES

Nuisances — See Ch. 88.

§ 142-1 Unlawful growth declared nuisance.

[Amended 5-6-2002 by Ord. No. 98; 9-13-2004 by Ord. No. 108; 1-6-2020]

A. No person, firm, partnership or corporation owning or having a present interest in or occupying any tract of land, except as hereinafter provided, shall permit any grass or weeds or vegetation not edible or planted for some useful or ornamental purpose, and not planned and permitted by Hamilton Township for stormwater management purposes to grow or remain on such premises, including any portion of the premises occupied by a street or alley, or to throw off any unpleasant or obnoxious odor or to conceal any debris or to create or to produce pollen. All such vegetation, including but not limited to all plants identified on the most current noxious weed control list of Pennsylvania Code Chapter 110 or on the most current list of PA Department of Conservation and Natural Resources (DCNR) is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township; provided that such weeds, grass or similar vegetation, as heretofore defined, intermingled with growing cultivated crops or on land in agricultural use or such vegetation planned and permitted by Hamilton Township for stormwater management purposes, shall not come within the provisions of this chapter.

B. In any event, however, all noxious weed and thistle shall be cut by June 15 of each year and thereafter as necessary to maintain a maximum height of 12 inches. All mulch hay shall be cut by August 15 of each year.

C. All grass shall be maintained at a height of no more than eight inches unless a higher grass height is planned for and approved by Hamilton Township for stormwater management purposes.

§ 142-2 Responsibility of owners and occupants.

The owner of any such premises, where occupied by the owner or not, shall be responsible to remove, trim or cut all such vegetation growing or remaining upon such premises in violation of the provisions of the first section of this chapter. Both the owner and the occupant, in the case of premises occupied by other than the owner, shall be jointly responsible for the compliance with this chapter.

§ 142-3 Notice to owners and occupants.

In addition to the penalties as hereinafter imposed in this chapter, the Township Supervisors, or any officer or employee of the Township designated thereby for the purpose, are hereby authorized on the initiative of the Township Supervisors or upon written complaint by adjoining owner(s) to give notice, by personal service or by United States mail, to the owner or the occupant, or either of them, of a violation of the terms and conditions of this chapter, directing and requiring such occupant or owner or both of them to remove, trim, spray or cut such grass, weeds or vegetation, so as to conform to the requirements of this chapter, within five days after issuance of such notice.

§ 142-4 Enforcement; violations and penalties.

[Amended 9-13-2004 by Ord. No. 108]

If any such owner and/or occupant shall neglect to comply with such notice within the period of time stated herein, the provisions of this chapter may be enforced by the Township or by said adjoining owner, who had previously complained to the Township about weeds on said property, and prior notice was given as required. Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith. Hamilton Township police officers, or other appropriate officer(s) of Hamilton Township, shall have the power to enforce the provisions of this chapter.