Borough of Rosslyn Farms, PA Brush, Grass and Weeds

That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.

EXTERIOR PROPERTY

The open space on the premises and on adjoining property under the control of the owner(s) of such premises.

OWNER

Any person, agent, firm or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON

An individual, corporation, partnership or any other group acting as a unit.

PREMISES

A lot, plot or parcel of land, easement or public way, including any structures thereon.

PUBLIC WAY

Any street, sidewalk, alley or similar parcel of land, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. This includes private property that is used for a public sidewalk.

STEEP SLOPE

A slope of more than 20°.

WEEDS

All grasses, annual plants and vegetation, other than trees, shrubs and cultivated flowers.

WOODLANDS

A habitat where trees are the dominant plant form and the individual tree canopies overlap and interlink forming a continuous canopy which shades the ground.

§ 68-2 Unlawful activities.

Premises and exterior property shall be maintained free from weeds in excess of eight inches. All classes of noxious weeds, as defined by the Noxious Weed Control Law, 3 Pa.C.S.A. § 1501 et seq., and by regulations of the Pennsylvania Department of Agriculture, are prohibited in the Borough.

An owner of a premises in the Borough shall not permit any of the following activities on the premises:

(1)

Any weeds or other vegetation to give off, emit or discharge any unpleasant or noxious odors;

(2)

Any weeds or other vegetation to conceal, harbor or create any infestation of insects, rodents, vermin, debris, garbage or other such noxious or offensive deposits;

(3)

Any poison ivy, poison oak or other toxic vegetation or growth;

(4)

Any dead, dying or diseased trees to exist on a premises; and

(5)

Any trees, shrubs, vegetations or any part thereof to project in, upon or over a public way so as to interfere with, restrict or create a risk of harm to the normal use of the public way.

§ 68-3 Exceptions.

The following areas shall be exempt from the unlawful activities in § 68-2 of this chapter:

Woodlands and steep slopes of an exterior property and premises that are not:

(1)

Visible from a public way; or

(2)

Located 100 feet from either side of a residential or business structure.

Wetlands, as defined in regulations for the Clean Water Act at 40 CFR 122.2.

Floodplains.

Areas within 15 feet of a watercourse.

§ 68-4 Declaration of nuisance.

A violation of § 68-2 of this chapter is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the residents of the Borough.

§ 68-5 Duties of owner.

The owner of a premises in the Borough shall remove, trim or cut any tree, shrub, grass, weed, noxious weed, and other vegetation growing upon such premises in violation of § 68-2 of this chapter.

§ 68-6 Notice to remove, trim or cut; recovery of costs.

The Code Enforcement Officer is authorized to give notice, by personal service or by certified United States Mail, to the owner of a premises in violation of § 68-2 of this chapter and to direct and require such owner to conform to the requirements of this chapter within seven days after the date of such notice.

Whenever, in the judgment of the Code Enforcement Officer, it appears to be impracticable to give notice as above provided, either because the owner cannot readily be found or because a search for the owner would entail unreasonable delay, the Code Enforcement Officer or any officer or employee of the Borough designated thereby for that purpose may give notice by posting conspicuously on the premises where such nuisance exists a notice or order directing and requiring that such violation of § 68-2 of this chapter be abated within seven days.

In case any person shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Council of the Borough of Rosslyn Farms in its sole discretion may order the Borough Street Department to remediate the violation identified in the notice. The cost thereof, together with a penalty of 10% of said cost, shall be collected by the Borough from such person in the manner provided by law.

§ 68-7 Statement to solicitor; filing of claim.

If the Borough remediates a violation identified in a notice to an owner, within 30 days after abating said nuisance, the Borough Secretary shall prepare and submit to the Solicitor a statement including the following:

(1)

The name of the owner of the premises on which the nuisance existed.

(2)

A description of the premises.

(3)

When and how the notice provided for herein was given, together with a copy of said notice.

(4)

Date of commencement and completion of work by the Borough Street Department to abate the nuisance.

(5)

Kind and character of work done and expense incurred thereby.

Based upon the statement furnished by the Borough Secretary as herein provided, the Solicitor of the Borough shall prepare and file in the name of the Borough a municipal claim, as provided by law, against the premises from which the violation of § 68-2 of this chapter existed.

§ 68-8 Violations and penalties.

A person who violates any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days. Each day's violation shall constitute a separate offense and notice to the offender shall not be necessary in order to constitute an offense.