[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.
A.
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.[1]
B.
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.
