[HISTORY: Adopted by the Board of Supervisors
of the Township of Lehigh 2-12-1980 as Art. 1109 of the 1980 Code
of Ordinances.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 103.
[1]
Editor's Note: Some provisions of this chapter
were originally adopted 8-14-1967 by ordinance.
For the purpose of this chapter, the following
terms shall have the following meanings:
An individual, partnership, firm or corporation, and the
singular includes the plural, who is the owner, is holding, or is
in possession of any real estate on which weeds are growing.
Includes all rank vegetable growth including, but not limited
to, grass, ragweed, dandelion and miscellaneous other vegetation commonly
referred to as "weeds" or "brush" which are not edible or planted
for some useful or ornamental purpose and which exhale unpleasant
or noxious odors or pollen, or which may conceal filthy deposits or
serve as breeding places for mosquitoes, other insects or vermin.
A.
No person owning, holding, or in possession of any
real estate shall allow or maintain on any lot or tract of land within
the boundary of the Township of Lehigh any growth of weeds or grass
to a height of over six inches. Such growth of weeds is hereby declared
to be a nuisance, injurious to the health, cleanliness, comfort, and
safety of the residents of the Township.
B.
The owner of any premises, as to vacant premises or
premises occupied by the owner, and the occupant thereof, in 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 in violation of the provisions of this chapter.
Any tract of land or real estate substantially
classified as wooded territory, natural swamplands, land being farmed
or cultivated, and any natural wildlife habitat area as determined
by the Board, unless otherwise declared a nuisance, are hereby excluded
from compliance with this chapter.
[Amended 10-13-1981 by Ord. No. 1981-2; 10-10-1995 by Ord. No. 1995-5]
A.
The Lehigh Township Board of Supervisors, or any officer
or employee of the Township of Lehigh designated thereby for the purpose,
is hereby authorized to give notice, by personal service or by United
States mail, to the owner or occupant, as the case may be, of any
premises whereon grass, weeds or other vegetation is growing or remaining
in violation of the provisions of this chapter, directing and requiring
such occupant to remove, trim or cut such grass, weeds or vegetation,
so as to conform to the requirements of this chapter within 20 days
after issuance of such notice.
[Amended 12-11-2007 by Ord. No. 2007-6]
B.
In case any person, firm or corporation shall neglect,
fail or refuse to comply with such notice, within the period of time
stated therein, the Township authorities, or any person, firm or corporation
hired by said authorities, may remove, trim or cut such grass, weeds
or vegetation, and the cost thereof, together with any additional
penalty authorized by the law, may be collected by the Township from
such person, firm or corporation, in the manner provided by law.
C.
In the event of subsequent violations in the same calendar year, the Township, or any person, firm or corporation hired by the Township, shall be authorized to cut, destroy, or remove, or to have such weeds cut, destroyed or removed, without further notification to the person and bill such person for the cost in accordance with § 174-5.
D.
In case of neglect or refusal by the person, firm
or corporation to pay such bill within 30 days after issuance of the
said bill, the bill shall be subject in all respects to the general
law provided for the filing and recovery of municipal liens.
[Amended 10-10-1995 by Ord. No. 1995-5]
A person shall be billed for the cost of remedying
any violation of this chapter at the rate established by the Township
Supervisors. The rate should compensate the Township for both direct
costs (e.g., labor and equipment) and indirect costs and expenses
(e.g., administrative time, postage, etc.) incurred in cutting and
removing the grass and weeds from said person's property. In those
cases where the Township hires another person, firm or corporation
to remove, trim or cut such grass, weeds or vegetation, the person
shall be billed the amount charged the Township by the person, firm
or corporation, with an additional 10% added for the Township's administrative
time and costs.
