[HISTORY: Adopted by the Borough Council
of the Borough of Perkasie 9-6-2013 by Ord. No. 966.[1] Amendments noted where applicable.]
Notwithstanding the remainder of this section, no person, firm
or corporation owning or occupying any property within the Borough
of Perkasie shall 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
or to throw off any unpleasant or noxious odor or to conceal any filthy
deposit or to create or produce seed. Any grass, weeds or other vegetation
growing upon any premises in the Borough in violation of any of the
provisions of this section is hereby declared to be a nuisance and
detrimental to the health, safety, cleanliness and comfort of the
inhabitants of the Borough.
The owner of any premises, as to 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 and violations of the provisions of § 65-1.
The growing or maintaining of any bamboo species, including,
but not limited to Bambusa, Phyllostachys, and Pseudosasa including
Common Bamboo, Golden Bamboo and Arrow Bamboo, and other similar invasive
species ("bamboo"), in such a manner that the bamboo spreads, invades,
or grows on an adjoining or neighboring property. Any property owner
or resident who has planted or maintains bamboo ("bamboo property
owner") shall be required to take such measures that are reasonably
expected to prevent such bamboo from invading or growing onto adjoining
or neighboring properties. Such measures shall include, but not be
limited to, installation of sheathing comprised of metal or other
material impenetrable by bamboo at sufficient depth within the property
line or lines where the running bamboo is planted or growing to prevent
the growth or encroachment upon adjoining or neighboring property
by the bamboo.
A.
The Borough Council or any officer or employee of the Borough designated thereby for the purpose is hereby authorized to give notice, by personal service or by United States mail, to the property owner, bamboo property owner, or occupant thereof, as the case may be, of any brush, grass, plants, weeds, bamboo or other vegetation growing in violation or remaining in violation of the provisions of this Chapter 65, directing and requiring such person or entity to remove, trim, and/or cut such grass, bamboo, weeds or vegetation so as to conform to the requirements of the chapter within five days after issuance of such notice.
B.
In the case of any person, firm, or corporation that shall neglect,
fail or refuse to comply with such notice within the period of time
stated therein, the Borough authorities may direct or engage the appropriate
Borough employees or other persons to remove, trim, cut or destroy
such grass, weeds, bamboo, or vegetation, and the cost thereof, together
with reasonable attorney's fees and an administrative fee of
10% of such expense, which shall constitute a lien upon the property
and may be collected as provided by law for the collection of municipal
lien claims.
A.
In the event that bamboo growing on a bamboo property owner's
property invades or grows on adjoining or neighboring property that
is owned or held on behalf of the Borough, the Borough shall notify
the bamboo property owner that the bamboo that bamboo property owner
had planted or caused to plant and permitted to grow on their property
has invaded Borough property and that the bamboo property owners are
responsible for the removal of such bamboo from the Borough property.
This notice shall be sent by certified mail, return receipt requested,
and by regular mail to the latest address of the bamboo property owner
on file with the Borough and a copy of the notice shall also be left
in a conspicuous location on the bamboo property owner's property
in the Borough.
B.
In the event that the bamboo property owner does not remove or contact
for the removal of said bamboo from the Borough property, or does
not make an arrangement with the Borough for removal of such bamboo
within 30 days from the date the Borough first deposited the notice
as provided herein above with the United States Postal Service, then
the Borough, at its discretion, may remove or arrange for the removal
of such bamboo from the Borough property. The bamboo property owner
shall be liable and responsible to the Borough for the Borough's
costs in removing the bamboo from the Borough Property. Such costs
may be assessed against the property of the bamboo property owner
as a municipal lien.
C.
In the event that the Borough is compelled to remove or contract
for the removal of bamboo, as herein provided above, neither the Borough
nor its employees shall have any liability for damages or other claims
to the bamboo property owner by reason of the removal of such bamboo.
In the event such removal entails or causes damage to the flora or
other property of a person other than the property of the bamboo property
owner, the bamboo property owner in violation of this chapter shall
be responsible for any and all such damages.
Whenever the requirements of this chapter are in conflict with
other requirements of the ordinances of the Borough of Perkasie, the
most restrictive, or those imposing the higher standards, shall govern.
The provisions of this chapter are severable. If any section,
clause, sentence, part or provision hereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair any of the remaining
sections, clauses, sentences, parts or provisions of this chapter.
It is hereby declared to be the intent of the Perkasie Borough Council
that this chapter would have been adopted if such illegal, invalid
or unconstitutional section, clause, sentence, part or provision had
not been included herein.
