Township of Springfield, PA Chapter 11 Brush, Grass and Weeds

[HISTORY: Adopted by the Board of Commissioners of the Township of Springfield 12-8-1941 by Ord. No. 243; amended in its entirety 5-11-2011 by Ord. No. 909. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Outdoor burning — See Ch. 18.

Health and sanitation — See Ch. 45.

§ 11-1 Accumulation of objectionable vegetation prohibited.

A. No person, firm or corporation, being the owner or occupant of premises situated in Springfield Township, shall permit the growth or accumulation of weeds, tall grasses or other objectionable vegetation on such premises or any part thereof to such an extent or in such manner as shall, in the judgment of the Code Enforcement Officer of said Township, be prejudicial to the public health.

B. No person, firm or corporation, being the owner or occupant of premises situated in Springfield Township, shall permit the growth or accumulation of weeds, tall grasses or other objectionable vegetation on such premises or any part thereof to such an extent or in such manner as shall, in the judgment of the Chief of Police of the Township, endanger the safety of persons or property or to such an extent or in such manner as shall, in the judgment of the Fire Marshal of the Township, constitute a fire hazard.

C. No person, firm or corporation, being the owner or occupant of premises situated in Springfield Township shall plant, grow or maintain bamboo on his/her property, even if the bamboo has spread from an adjoining property, except if maintained in a manner herein described.

[Added 8-14-2019 by Ord. No. 961[1]]

(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

BAMBOO

Any monopodial (running) tropical or semitropical grasses from the genera Bambusa, including but not limited to Bambusa, Phyllostachys, Fallopia and Pseudosasa, which includes Common Bamboo, Golden Bamba, Japanese Bamboo, and Arrow Bamboo.

BAMBOO OWNER

Any property owner or resident who has planted and/or grows bamboo, or who maintains bamboo, or who cultivates bamboo on his/her property, or who permits bamboo to grow or remain on the property even if the bamboo has spread from an adjoining property. Any property owner of or resident at property on which bamboo is found will be considered a bamboo owner, except any property owner or resident who:

(a) Has provided satisfactory proof to the Township that, within a reasonable period of time after discovering the encroachment of bamboo onto the property from an adjoining or neighboring property, he/she advised the owner of such property of his/her objection to the encroachment of the bamboo, and

(b) Has initiated steps for the removal of the bamboo from the property, including remedies at law.

(2) General provisions.

(a) For the purposes of this chapter, bamboo found growing upon a property shall constitute presumptive evidence that the bamboo was planted and/or grown by and/or with the consent of the property owner, tenant, or other individual, entity or corporation having control of the property.

(b) Prohibition. Except as provided in § 11-1C(2)(d) of this Code, upon the effective date of this subsection, the planting or growing of bamboo shall be prohibited within the Township, and no persons, property owners, tenants, or other individuals, entities or corporations having control of property within the Township shall plant, cultivate, or cause to grow any bamboo on any lot or parcel of ground within the Township . Any person who thereafter plants or grows, or causes or allows to be planted or grown, bamboo within the Township shall be deemed to be in violation of this chapter and shall be subject to such penalties as are set forth herein.

(c) This subsection shall not be deemed to alter any rights at common law or otherwise that any property owner may have to recover the cost of removal of bamboo on his or her own property that has run over from a neighboring property.

(d) Exceptions:

[1] The root system of such bamboo plant is entirely contained within an above-ground-level planter, barrel or other vessel of such design, material, and location as to entirely prevent the spread of growth of the bamboo plant's root system beyond the container in which it is planted; or

[2] The root system is contained within a barrier, constructed in accordance with the following specifications on all sides and bottom of the barrier:

[a] The barrier itself shall be composed of high-density polypropylene or polyethylene, with a thickness of 40 mm or more, concrete with a thickness of two inches or more, or stainless steel with a thickness of .043 inches or more.

[b] Not less than three inches of the barrier shall protrude above ground level around the entire perimeter of the bamboo.

(e) Whether planted or growing in a container, as described herein, all bamboo plants shall be located, trimmed and maintained so that no part of the plant, including the root system of the plant, shall be closer than 20 feet to any pavement, sidewalk, or public road within the Township. In addition, all bamboo plants shall be maintained such that that portion of the plant that is aboveground shall be trimmed back to a point at least 20 feet from any pavement, sidewalk or public road within the Township.

(f) Any bamboo that has been planted or otherwise permitted to grow on any property within the Township prior to the effective date of this chapter may remain on such property subject to compliance with the following:

[1] Bamboo shall not be closer than 20 feet to any pavement, sidewalk, or a public road within the Township. In addition, all bamboo plants shall be maintained such that that portion of the plant that is aboveground shall be trimmed back to a point at least 20 feet from any pavement, sidewalk or public road within the Township .

[2] Each bamboo owner shall be responsible for ensuring that the bamboo planted or growing on the property prior to the effective date of this subsection is maintained such that it does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and public rights-of-way.

[3] If the Township Code Enforcement Officer determines that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any public right-of-way or any private property not owned by or in the possession of such landowner, the property owner or resident shall be required to comply with the provisions of § 11-1C(2)(f)[1] above.

(g) Removal. In the event that the bamboo owner does not remove or contract for the removal of the bamboo from the Township property or does not make an arrangement with the Township for removal of such bamboo within 30 days from the date the Township first provided notice, the Township, at its discretion, may take the appropriate steps to effectuate the removal or arrange for removal of such bamboo, including but not limited to filing an action in equity. The bamboo owner shall be liable and responsible to the Township for all costs incurred in removing the bamboo from the Township property, including reasonable attorney's fees. Such costs may be assessed against the property of the bamboo owner and entered as a lien on the property. Nothing herein shall be construed to create any affirmative obligation on the part of the Township to abate or remove any bamboo within the Township.

(h) Replanting prohibited. Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this subsection may not be replanted or replaced in kind once such running bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed, unless such replanting is consistent with the provisions of this subsection that apply to new plantings.

[1] Editor's Note: This ordinance also renumbered former Subsection C as Subsection D.

D. The following areas shall be exempt from the requirements of this chapter except that noxious weeds shall be controlled within those areas: woodlands, wildflower gardens, meadows, steep slopes, wetlands, floodplains, riparian corridors, areas within 15 feet of a watercourse, pond or lake, an active farm field, pasture, and areas where stormwater management or conservation management plans have been established. Noxious weeds shall include ragweed, thistle, oriental bittersweet, hogweed, bamboo, multiflora rose, poison ivy, poison oak, poison sumac, and wild grapevines.

§ 11-2 Declaration of nuisance; service of notice.

A. Whenever the Code Enforcement Officer shall, in his or her discretion, consider the growth or accumulation of weeds, tall grasses or other objectionable vegetation on any premises as aforesaid to be prejudicial to the public health, he or she may declare the same to be a nuisance and shall notify the owner or occupant of said premises to remedy such condition within five days from the date of service of such notice. The service of such notice shall be made upon the owner or occupant of said premises either by delivering the same to such owner or occupant personally or by delivering same to and leaving it with any adult person in charge of said premises or, in case no such person is found upon said premises, by affixing same in a conspicuous position upon said premises.

B. Whenever the Chief of Police or Fire Marshal, shall, in his or her judgment, consider the growth or accumulation of weeds, tall grasses or other objectionable vegetation on any premises as aforesaid, as constituting a fire hazard or endangering the safety of persons and property, he or she may declare the same to be a nuisance and shall notify the owner or occupant of said premises to remedy such condition within five days from the date of service of such notice. The service of such notice shall be made upon the owner or occupant of said premises either by delivering same to such owner or occupant personally or by delivering same to and leaving it with any adult person in charge of said premises or, in case no such person is found upon said premises, by affixing same in a conspicuous position upon said premises.

§ 11-3 Failure to comply; abatement of conditions.

In the event the owner or occupant shall refuse or neglect to abate such nuisance within a period of five days as required by such notice, the Code Enforcement Officer, Chief of Police or Fire Marshal, as the case may be, may direct the removal of such conditions and may collect all expense of such removal from the owner or occupant of said premises, such amount to be collectible as municipal claims are now collected by law.

§ 11-4 Violations and penalties.

A. Any owner, person, firm, association or corporation who shall violate any of the provisions of this chapter shall, upon conviction thereof, be liable to pay a fine or penalty of not more than $1,000 for each and every offense. A new and separate offense shall be deemed to have been committed for each day that said violation exists.

B. All fines and penalties imposed by this chapter are recoverable by summary proceedings before any District Justice of the Township of Springfield, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of the Township of Springfield against which offense is committed, and, upon recovery thereof, all such fines and penalties are to be paid into the treasury of the Township.