[Ord. 117, 10/16/1989, § 1]
No person, firm or corporation owning or occupying any property
within the Township of Lower Heidelberg shall permit 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
so as to exceed a height of 12 inches; nor shall any noxious weeds
prohibited by the Noxious Weed Control Law (3 P.S. § 255.8)
or by regulations of the Department of Agriculture be permitted to
grow within the Township of Lower Heidelberg including:
(a)
Marijuana.
(b)
Chicory, succor or blue daisy.
(c)
Canadian thistle.
(d)
Multiform rose.
(e)
Johnson grass.
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Any grass, weeds or other vegetation growing upon any premises
in the Township of Lower Heidelberg in violation of any of the provisions
of this section is hereby declared to be a nuisance and detrimental
to the health, safety, cleanliness and comfort of the inhabitants
of the Township of Lower Heidelberg.
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[Ord. 117, 10/16/1989, § 2; as amended by Ord.
150, 9/19/1994, § 1]
The owner of any premises, or the occupant of premises occupied by other than the owner, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of Section 301 of this chapter; provided, however, that any portion of any premises in the following zoning districts (as defined in Chapter 26) which are situate more than 50 feet from any structure shall be exempt from the requirement contained in this section:
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A-1
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Agricultural Preservation District
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R-1
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Rural Conservation District
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R-P
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Rural Preservation District
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A-2
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Agricultural District
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A-R
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Agricultural Recreation District
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[Ord. 117, 10/16/1989, § 3; as amended by Ord.
150, 9/19/1994, § 2]
The Board of Supervisors, or any officer or employee of the
Township of Lower Heidelberg designated thereby for this 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 Section 301 of this Part, directing
and requiring such occupant to remove, trim or cut such grass, weeds
or vegetation so as to confirm to the requirements of this Part, within
14 days after issuance of such notice. Whenever, in the judgment of
the enforcement officer designated for this purpose, it shall appear
to be impracticable to give notice as above provided, either because
the owner or occupant cannot readily be found or because a search
for the owner or occupant would entail unreasonable delay, the Board
of Supervisors or any officer or employee of the Township of Lower
Heidelberg designated thereby for that purposes, may give notice by
posting conspicuously on the property where such nuisance exists,
a notice or order directing and requiring that such nuisance be abated
within 14 days. 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 Board of Supervisors may order the removal, trimming
or cutting of such grass, weeds or vegetation, and the cost thereof,
together with a penalty of 10% of the cost thereof, shall be collected
by the Township of Lower Heidelberg from such person, form or corporation,
in the manner provided by law.
[Ord. 150, 9/19/1994, § 3]
Whenever the provisions of this Part conflict with the provisions
of any erosion and/or sedimentation control plan approved by the Commonwealth
of Pennsylvania, the County of Berks or the Township of Lower Heidelberg,
the provisions of said erosion and/or sedimentation control plan shall
prevail.
[Ord. 117, 10/16/1989, § 4]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not more than $600, and in default of payment, to undergo imprisonment
for a term not to exceed 30 days. Each day that a violation of this
Part continues after notice shall constitute a separate offense.
[Ord. 117, 10/16/1989, § 6]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors that this Part would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
