Township of Uwchlan, PA Chapter 99 Brush, Grass, Weeds and Trees

[HISTORY: Adopted by the Board of Supervisors of the Township of Uwchlan 9-9-1985 by Ord. No. 85-11. Amendments noted where applicable.]

GENERAL REFERENCES

Zoning — See Ch. 265.

§ 99-1 Weeds as nuisance.

Any weeds, such as jimson, burdock, ragweed, thistle, cocklebur, or other weeds of a like kind, found growing in any lot or tract of land in the Township of Uwchlan are hereby declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in any such place.

§ 99-2 Height.

It shall be unlawful for anyone to permit any weeds, grass or plants, other than trees, bushes, flowers, or other ornamental plants to grow to a height exceeding 12 inches anywhere in the Township of Uwchlan; any such plants or weeds exceeding such height are hereby declared to be a nuisance.

§ 99-3 Barberry bushes.

It shall be a nuisance and unlawful to plant or permit the growth of the bush of the species of tall, common or European barberry, further known as Berberis vulgaris, or its horticultural varieties within the Township of Uwchlan.

§ 99-4 Trees in Township rights-of-way.

[Added 9-14-2009 by Ord. No. 2009-06[1]]

It shall be unlawful for any tree or limbs of trees to remain if the tree and/or limbs pose a risk of harm to the public.

[1] Editor's Note: With this ordinance, former §§ 99-4 through 99-7 were also renumbered as §§ 99-5 through 99-8, respectively. The title of the chapter was also changed, from Brush, Grass and Weeds, to Brush, Grass, Weeds and Trees.

§ 99-5 Removal; notice.

[Amended 9-14-2009 by Ord. No. 2009-06]

It shall be the duty of the Zoning Officer or the Chief of Police to serve or cause to be served a notice upon the owner or occupant of any premises on which the weeds, plants or trees are permitted to grow in violation of the provisions of this chapter and to demand the abatement of the nuisance or safety hazard within ten days.

§ 99-6 Abatement.

[Amended 9-14-2009 by Ord. No. 2009-06]

If the person so served does not abate the nuisance or safety hazard within 10 days, the Zoning Officer of Uwchlan Township may proceed to abate such nuisance or safety hazard, keeping an account of the expense of the abatement, and such expense shall be charged and paid by such owner or occupant.

§ 99-7 Lien.

[Amended 9-14-2009 by Ord. No. 2009-06]

A. Charges for such weed or tree/limb removal shall be a lien upon the premises. Whenever a bill for such charges remains unpaid for 60 days after it has been rendered, the Township Secretary or Township Solicitor may file with the Recorder of Deeds of Chester County a statement of lien claim. This statement shall contain a legal description of the premises, the expenses and costs incurred and the date the weeds were cut or a tree was trimmed or removed, and a notice that the Township of Uwchlan claims a lien for this amount.

B. Notice of such lien claim shall be mailed to the owner of the premises if his address is known; provided, however, that failure of the Township Secretary or Township Solicitor to record such lien claim or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for such charges as provided in the following section.

§ 99-8 Foreclosure of lien.

A. Property subject to a lien for unpaid weed cutting charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in equity in the name of the Township of Uwchlan.

B. The Township Solicitor is hereby authorized and directed to institute such proceedings in the name of the Township of Uwchlan in any court having jurisdiction over such matter against any property for which such bill has remained unpaid 60 days after it has been rendered.