[HISTORY: Adopted by the Mayor and Town Council
of the Borough of Chambersburg 2-11-1976 by Ord. No. 76-34;
amended in its entirety 1-9-2023 by Ord. No. 2023-01. Amendments noted
where applicable.]
No person, firm or corporation owning any property
within the Borough of Chambersburg shall permit or cause the following
to occur:
A.
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, or upon the grass plot along the street
or sidewalk abutting such premises, so as to exceed a height of 10
inches, or to throw off any unpleasant or noxious odor, or to conceal
any filthy deposit, or to create or produce pollen or seed.
B.
Any grass clippings, tree trimmings, hedge clippings
or tree leaves, hereinafter referred to as "yard waste," to be placed
into a public street or alley along the curbline in such a manner
that the yard waste covers or could cover or enter the stormwater
drainage system of the Borough of Chambersburg. Tree leaves may be
placed in the street between October 1 and December 31.
C.
Dumping or hosing debris into the storm drain system.
D.
Any violation of any provisions of this section is
hereby declared to be a nuisance and detrimental to the health, safety,
cleanliness, comfort and welfare of the inhabitants of the Borough.
The owner of any property in violation of the provisions of § 109-1, shall remove, trim or cut all grass, weeds, or other vegetation growing or remaining upon such premises regardless of whether such property is owner-occupied, vacant, or occupied by one or more tenants.
The Town Council, or the Board of Health, or any officer or employee of the Borough designated for the purpose, is hereby authorized to give notice, by personal service or by mail, to the owner of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 109-1, directing and requiring the owner to remove, trim 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. In case any owner shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough authorities or the Board of Health shall have the authority to remove, trim or cut such grass, weeds or vegetation, and the cost thereof, together with 10% additional, may be collected from such owner in the manner provided by law.
A.
Any person
who shall violate any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine as follows:
(1)
First
offense, a fine of $50.
(2)
Second
offense occurring within 12 months of the first offense, a fine of
$100.
(3)
Any
third or subsequent offense that occurs within 12 months of a prior
offense, a fine of $150.
(4)
In
addition to the fine, the violator shall be sentenced to pay the costs
of prosecution and reasonable attorneys fees. Each day that a violation
continues shall be deemed a separate violation.
B.
Notwithstanding Subsection A above, a Code Enforcement Officer is hereby authorized to issue a ticket, in a form established by the Borough, to any person violating the provisions of this chapter. The ticket shall identify the address of the property where the violation occurred, as well as the nature of the violation. The ticket may either be: 1) handed to an owner or occupant of the property; 2) affixed to a door providing ingress and egress to the primary structure; or 3) conspicuously posted on the property. The ticket shall instruct the violator that if the violator reports to the Code Enforcement Officer and pays the Borough the sum of $50 within 10 days of issuance of the ticket, then such payment shall save the violator from persecution by a citation. If a ticket is not paid within 10 days of issuance, the Code Enforcement Officer shall issue a citation to the violator.
