[HISTORY: Adopted by the Board of Supervisors
of the Township of Hellam 10-2-1997 by Ord. No. 1997-10. Amendments noted
where applicable.]
GENERAL REFERENCES
Rental property — See Ch. 368.
Streets and sidewalks — See Ch. 422.
This chapter shall be known as and may be cited
as the "Hellam Township Weed Control Ordinance."
The Board of Supervisors of Hellam Township
finds that the failure to cut and mow grass and weeds in residential,
commercial and industrial areas of the Township creates a nuisance,
is harmful to the health and well-being of the residents of Hellam
Township; and is contrary to the general welfare of the residents
of the Township. Specifically, the failure to mow the grass and cut
weeds in said areas:
A.
Creates a nuisance in that weeds are permitted to
go to seed and spread onto the lawns of neighbors;
B.
Creates a health hazard in that overgrown lawns and
weeds contribute to the amount and spread of pollen, affecting those
who suffer from allergies;
C.
Affects property values and appearances in nonagricultural
areas;
D.
Creates danger of crime where unkept lawns may give
rise to an assumption that the premises are unoccupied;
E.
Creates danger in regard to property maintenance and
health where tall grass and weeds near residences may hide garbage
and debris which attract rodents; and
F.
Affects the public welfare by reflecting negatively
on property maintenance, the citizens, and the Township.
No person, firm, partnership or corporation owning or having a present interest in (including rental) or occupying any real estate within Hellam Township shall permit any grass or weeds or vegetation whatsoever, not edible nor planted for some useful or ornamental purpose, to grow or remain on such premises, including any portion of the premises occupied by a street or alley, so as to exceed a height of 12 inches, or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or to produce pollen unless exempted by the provisions of § 245-5 of this chapter. All such vegetation is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township.
The owner of any such premises, whether occupied
by the owner or not, and the occupant thereof in case of premises
occupied by other than the owner thereof, shall have the duty to remove,
trim or cut all such vegetation growing or remaining upon such premises
in violation of the provisions of this chapter. Both the owner and
the occupant, in the case of premises occupied by other than the owner,
shall be responsible for the compliance with this chapter.
This chapter shall not be enforced with respect
to weeds, grass or similar vegetation as heretofore defined when they
are located in the following areas:
A.
In the Agricultural zoning district as defined in Chapter 490, Zoning, and as amended; provided, however, that tracts of two acres or less occupied by residential uses and all tracts occupied by commercial or industrial uses in the Agricultural zone are not excepted from the enforcement of this chapter;
B.
On lands which are being actively used for farming
operations;
C.
On lands included within the Hellam Township Agricultural
Security Areas, approved 1995;
D.
On forested lands.
E.
On lands utilized for the purpose of a "wildflower and/or weed garden," providing that in the Residential (R) zoning district as defined in Chapter 490, Zoning, such gardens shall be not less than 25 feet from the side and rear property line and not less than 50 feet from the street right-of-way line.[1]
The growth of grass or weeds above the height of 12 inches in Hellam Township, except as excepted in § 245-5 of this chapter, is hereby declared to be a nuisance. Failure of the landowner or occupant to remove, trim or cut said grass or weeds after notice given in accordance with § 245-7 shall constitute a violation of this chapter.
A.
Wherever it shall be reported to, or observed by the
Township that any owner or occupant of real property has failed to
comply with any of the terms of this chapter, Hellam Township shall
cause a written notice to be served upon the owner or occupant or
both directing the owner or occupant or both to remove, trim, or cut
such grass or weeds within 10 days.
B.
Such notice may be mailed by U.S. mail, certified
or registered mail; or, if the property is occupied, by posting the
notice at a conspicuous place upon the affected property, or said
notice may be personally handed to the owner or occupant.
[Amended 10-15-2009 by Ord. No. 2009-06]
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus all costs of prosecution,
including, but not limited to, attorneys' fees, and in default of
payment thereof, shall be imprisoned for a term not to exceed 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense.
[Amended 9-16-2010 by Ord. No. 2010-02]
In addition to the above remedies and penalties,
if the owner and/or occupant shall fail or refuse to comply with the
notice within the time stated therein, or if the Township is unable
to locate the property owner or tenant, the Township may direct that
such actions be taken by duly authorized personnel to bring the property
into conformance with the requirements of this chapter, and the costs
thereof, including all attorney's fees charged at the rate provided
in the fee letter on file with the Township Secretary, shall be collected
by the Township in such manners as are provided by law for the collection
of municipal claims.
In addition to the fines for violation, costs
and penalties provided for by this chapter, Hellam Township is hereby
authorized to institute proceedings, in Courts of Equity, to require
owners and/or occupants of real estate to comply with the provisions
of this chapter.
