Borough of Greencastle, PA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Greencastle 9-6-2005 by Ord. No. 2005-7. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 132.

§ 86-1 Violations deemed nuisances.

[Amended 10-5-2015 by Ord. No. 2015-08]
A. 
For the purpose of this chapter, "owner" shall mean any person, firm, partnership, association, trust, corporation, or other entity having any ownership interest in real property and any tenant, lessee, or occupant of real property.
B. 
No owner of any property within the Borough of Greencastle shall permit or cause the following to occur:
(1) 
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, in height in excess of 10 inches.
(2) 
Any weeds listed on the noxious weed control list set forth in Title 7, Chapter 110.1 of the Pennsylvania Code,[1] as amended from time to time, to grow or remain upon such premises or upon the grass plot along the street or sidewalk abutting such premises.
[1]
Editor's Note: See 7 Pa. Code § 110.1.
(3) 
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 Greencastle.
(4) 
Dumping or hosing debris into the storm drain system.
C. 
Any violation of any provisions of this subsection is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness, comfort and welfare of the inhabitants of the Borough.

§ 86-2 (Reserved) [1]

[1]
Editor's Note: Former § 86-2, Height of vegetation restricted, was repealed 10-5-2005 by Ord. No. 2015-08.

§ 86-3 Abatement of nuisance.

[Amended 10-5-2015 by Ord. No. 2015-08]
The owner of any premises shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 86-1.

§ 86-4 Notice of violation.

Borough Council, or the Mayor, or any officer or employee of the Borough designated thereby for this purpose, may give written notice to any owner, occupant, lessee or other person having an interest in land or real estate which has weeds, brush, grass or other vegetation in excess of 10 inches in height which is not edible or planted for some useful or ornamental purpose to cut or remove said weeds, brush, grass or other vegetation in compliance with this chapter.

§ 86-5 Delivery and contents of notice; failure to comply; Borough to do work.

The written notice described in § 86-4, supra, may be personally delivered to the owner, occupant, lessee or other person having an interest in the land or real estate, or the notice may be sent by certified mail to the last known address of such person. The notice shall give such person 10 days to cut and remove the weeds, brush, grass or other vegetation. If the owner, occupant, lessee or other person having an interest in the land or real estate fails to cut or remove the weeds, brush, grass or other vegetation, then the Borough may hire someone or direct the cutting and removal of the same, and charge and collect said costs, plus 10% penalty, from the owner, occupant, lessee or other person as may be provided by law or equity or pursue any other remedy provided by law or equity.

§ 86-6 Violations and penalties.

[Amended 10-5-2015 by Ord. No. 2015-08]
A. 
Any owner who or which shall violate, fail, neglect or refuse to comply with the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $450, plus costs of prosecution and reasonable attorney fees and, in default of payment of such fine and costs, to imprisonment for not more than five days, provided that each day's violation shall constitute a separate offense, and notice to the offender shall not be necessary in order to constitute an offense.
B. 
The Code Enforcement Officer or his designee(s) and the Borough police officers are hereby duly authorized to issue a ticket in a form established by the Borough to any owner violating the provisions of this chapter. The ticket shall identify the address of the property where the violation exists, as well as the nature of the violation. The ticket may either be handed to an owner or occupant of the property, or may be affixed to a door on the primary structure on the property where the violation exists, fronting a right-of-way or otherwise conspicuously posted on the property. The ticket shall instruct such violator that if he, she or it reports to the Borough office and pays to the Borough the sum of up to $100 for a first offense, $200 for a second offense, and $300 for each subsequent offense within a calendar year, within 10 days of the date of issuance of the ticket, then such payment shall save such violator from prosecution by a citation, which prosecution may result in court costs and attorney fees being assessed against the violator in addition to the fine. In any event, if a ticket is not paid in full within 10 days of issuance, the official authorized to issue tickets shall issue a citation to the violator, or initiate other appropriate enforcement action.
C. 
Officials authorized to issue tickets may, in their sole and absolute discretion, issue a citation or institute other appropriate enforcement action instead of a ticket.