[HISTORY: Adopted by the Borough Council of the Borough of Girard 7-15-1974 by Ord. No. 460 (Ch. XII, Part 2, of the 1974 Code of Ordinances). Amendments noted where applicable.]
No person, firm or corporation owning or occupying any property within the Borough of Girard 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 six inches or to throw off any noxious or unpleasant odor or to conceal any filthy deposit or to create or produce pollen. Any grass, weeds or other vegetation growing upon any premises in the Borough in violation of any provision of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Borough.
The owner of any premises, either as to vacant premises or premises occupied by the owner, and the occupant thereof, in case 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 any provision of § 217-1 of this chapter.
The Borough Council, or any officer or employe of the Borough 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 any provision of § 217-1 of this chapter, directing and requiring such owner or occupant to remove, trim, or cut such grass, weeds or other vegetation, so as to conform to the requirements of this chapter, within five days after issuance of such notice. 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 Borough authorities may cause to be removed, trimmed or cut such grass, weeds or vegetation, as the case may be, and the cost thereof, with an additional penalty of 10% of the cost thereof, may be collected by the Borough from such person, firm or corporation, in the manner provided by law.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Borough in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Such fine and costs may be imposed in addition to the cost of removal, trimming or cutting and the additional penalty of 10%, imposed as provided in § 217-3 of this chapter, but, on the other hand, prosecution may be instituted and proceeded with under this section without the Borough's taking any action under such § 217-3 for such removal, trimming and/or cutting.