[Adopted 9-14-1998 by Ord. No. 200]
The Board of Supervisors of Harris Township finds that the failure
to cut and mow grass and weeds in residential, commercial, and industrial
areas of the Township creates a nuisance and is harmful to the health
and well-being of the residents, and is contrary to the general welfare
of the residents. Specifically, the failure to mow the grass and cut
weeds in said areas:
A.
Creates a nuisance in that weeds are permitted to go to seed and
spread onto the lawns of neighbors.
B.
Creates a health hazard in that overgrown lawns and weeds contribute
to the amount and spread of pollen, affecting those who suffer from
allergies.
C.
Affects property values and appearances in nonagricultural areas.
D.
Creates danger of crime where unkempt lawns may give rise to an assumption
that the premises are unoccupied.
E.
Creates danger where tall grass and weeds near residences may hide
garbage and debris which attracts rodents.
F.
Affects the public welfare by reflecting negatively on our citizens
and Township.
No person, firm, partnership, or corporation owning or having
a present interest in (including renting) or occupying any real estate
having one or more primary uses which are residential, commercial,
or industrial in nature shall permit any grass or weeds or vegetation
whatsoever, not edible nor planted for some useful or ornamental purpose,
to grow or remain on such premises, including any portion of the premises
occupied by a street or alley, so as to exceed a height of 12 inches,
or to throw off any unpleasant or noxious odor or to conceal any filthy
deposit or to create or to produce pollen. All such vegetation is
hereby declared to be a nuisance and detrimental to the health, safety,
cleanliness, and comfort of the inhabitants of the Township.
This article shall not be enforced with respect to weeds, grass,
or similar vegetation as heretofore defined when they are located
in the following areas:
The owner and the occupant of any such premises, in case of
premises occupied by other than the owner thereof, shall have the
duty to remove, trim, or cut all such vegetation growing or remaining
upon such premises in violation of the provisions of this article.
A.
Whenever it shall be reported to or observed by the Ordinance Enforcement
Officer that any owner or occupant of property has failed to comply
with any of the terms of this article, the Ordinance Enforcement Officer
shall cause a written notice to be served upon the owner or occupant
or both directing the owner and/or occupant to comply with all terms
of this article within five days.
B.
Such notice may be mailed by United States mail, first class, postage
prepaid; by certified or registered mail; by personal service; or,
if the property is occupied, by posting the notice at a conspicuous
place upon the affected property.
Any person, firm, partnership, or corporation who or which shall
fail to comply with the requirements of this article within five days
in accordance with the notice specified herein, upon conviction thereof
in an action brought before a Magisterial District Judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
more than $1,000 plus costs and, in default of payment of said fines
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this article continues or each section of this
article which shall be found to have been violated shall constitute
a separate offense.
In the event of the failure of the owner and/or occupant to
comply with the requirements of this article within five days of the
date of the notice specified herein, the Township may have the grass
and weeds brought into compliance and bill the owner for the cost
thereof plus a penalty of 10%. These costs and penalties shall be
in addition to fines for violations. Penalties may be collected by
summary proceedings or in the manner provided for the collection of
municipal claims or by an action in assumpsit without the filing of
a claim or by any other procedure authorized by law.
In addition to the fines for violations, costs, and penalties
provided for by this article, the Township may institute proceedings
in courts of equity to require owners and/or occupants of real estate
to comply with the provisions of this article.
The cost of removal, fine, and penalties hereinabove mentioned
may be entered by the Township as a lien against such property in
accordance with existing provisions of law.
