[HISTORY: Adopted by the Board of Supervisors
of the Township of White as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-29-1980 by Ord. No. 870]
It shall be the duty of every owner of real
estate within any residential area of the Township of White to at
all times cut and mow the grass and weeds on their respective lots
and in the space between the property line and the curbline and/or
pavement line in front and in the rear and along the side thereof
so that neither grass nor weeds shall rise above the height of six
inches, and every such owner shall remove said cuttings or mowings
and all accumulations of garbage and rubbish and other debris from
the said premises.
The growth of grass or weeds above the height
of six inches or the accumulation of garbage and rubbish and other
debris for the nonremoval of the same from all real estate within
residential sections of the Township of White is hereby declared to
be a nuisance.
Whenever it shall be reported to the Supervisors
of the Township of White that any owner of any real estate in any
residential section of the Township of White has failed or neglected
to comply with any of the terms of this article, the Supervisors shall
cause a written notice to be served upon the owner directing the owner
to comply with all of the terms and provisions of this article within
five days.
In the event of the failure of the owner or
holder of said real estate within any residential area of the Township
of White to cut and destroy said weeds, or have the same cut and destroyed,
or remove said rubbish and other debris within five days after being
notified to do so, the Township of White shall have said weeds cut
and destroyed and/or said garbage and rubbish and other debris removed
from the said premises and bill the owner or holder for the cost thereof.
In addition to other penalties provided by this
article, the Township of White may institute proceedings in courts
of equity to require the owners of real estate within residential
areas of the Township of White to comply with the provisions of this
article.
The costs of removal, fine and penalties hereinabove
mentioned or hereinafter set forth, may be entered by the Township
of White as a lien against such property in accordance with existing
provisions of law.
[Amended 9-11-2013 by Ord. No. 1055]
Any person, firm or corporation who shall violate
any provision of this article, or shall fail to comply therewith,
or who shall fail to comply with or violate any order made thereunder,
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 fine 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. The imposition of a
penalty for any violation shall not excuse the violation or permitted
it to continue. All such persons shall be required to correct or remedy
such violation or defects within a reasonable time.
[Adopted 9-9-2015 by Ord.
No. 1069]
The purpose of this article is to control the planting, cultivating,
or growing of bamboo grasses in the Township of White, and to prevent
the invasive spread of existing bamboo into other areas of the Township.
As used in article, the following terms shall have the meanings
indicated:
Any grasses from the genera Bambusa including, but not limited
to Bambusa, Phyllostachys, Fallopia and Pseudosasa as well as Common
Bamboo, Golden Bamboo, Arrow Bamboo, and Japanese Bamboo.
Any property owner who has planted and/or grows bamboo, or
who maintains bamboo on his/her property, or who permits bamboo to
grow or remain on the property even if the bamboo has spread from
an adjoining property. Any property owner of a property on which bamboo
is found will be considered a bamboo owner.
The Township of White, Indiana County, Pennsylvania.
A.
For the purposes of this article, bamboo found growing upon a property
shall constitute presumptive evidence that the bamboo was planted
and/or grown by and/or with the consent of the property owner, tenant,
or other individual entity or corporation having control of the property.
B.
Prohibition. Except as provided in this article, upon the effective
date of this article, the planting or growing of bamboo shall be prohibited
within the Township and no persons, property owners, tenants, or other
individuals, entities, or corporations having control of property
within the Township shall plant, cultivate, or cause to grow, any
bamboo on any lot or parcel of ground within the Township. Any person
who thereafter plants or grows or causes or allows to be planted or
grown, bamboo within the Township shall be deemed to be in violation
of this article and shall be subject to such penalties as are set
forth herein.
C.
This article shall not be deemed to alter any rights at common law
or otherwise that any property owner may have to recover the cost
of removal of bamboo on their own property that has run over from
a neighboring property.
D.
Exceptions.
(1)
The root system of such bamboo plants is entirely contained within
an above-ground-level planter, barrel or other vessel of such design,
material and location as to entirely prevent the spread of growth
of the bamboo plants' root system beyond the container in which
it is planted.
(2)
Whether planted or growing in a container, as described herein, all
bamboo plants shall be located, trimmed and maintained so that no
part of the plant shall be closer than 10 feet from any property line,
pavement, sidewalk or 40 feet from a public road within the Township.
E.
Any bamboo that has been planted or otherwise permitted to grow on
any property within the Township prior to the effective date of this
article may remain on such a property subject to compliance with the
following:
(1)
The bamboo shall not be closer than 10 feet from any property line,
pavement, sidewalk or 40 feet from a public road within the Township.
(2)
Any bamboo owner whose property contains bamboo shall remove and
abate the growth of the bamboo within 40 feet of the edge of the pavement
or traveled portion of a public road in the Township.
(3)
Each bamboo owner shall be responsible to ensure that the bamboo
planted or growing on the property prior to the effective date of
this article is maintained such that it does not encroach or grow
upon any adjoining or neighboring property, including all public property
and public rights-of-way.
F.
Removal. In the event that the bamboo owner does not remove or contract
for the removal of the bamboo from the property within 30 days from
the date the Township first provided notice regarding removal of the
bamboo, the Township, at its discretion, may take the appropriate
steps to remove the bamboo from the property. The bamboo owner shall
be liable and responsible to the Township for all costs incurred in
removing the bamboo from the Township property, including reasonable
attorneys' fees. Such costs may be assessed against the property
of the bamboo owner and entered as a lien on the property. Nothing
herein shall be construed to create any affirmative obligation on
the part of the Township to abate or remove any bamboo within the
Township.
Any person, firm or corporation violating the provisions of
this article shall, in addition to the other charges hereinbefore
provided for each offense, upon summary conviction before any Magisterial
District Justice, pay a fine not exceeding $1,000 and costs of prosecution;
and in default of payment of the fines and costs, the violator may
be sentenced to the county jail for a term of not more than 30 days.
Each and every day in which any person, firm or corporation shall
be in violation of this article shall constitute a separate offense.
