[Ord. 448, 5/2/2012]
No, person, firm or corporation owning or occupying any property
within the Borough shall permit any weeds or other vegetation whatsoever,
excluding edible or planted for some useful or ornamental purpose,
to grow or remain upon such premises so as to exceed a height of eight
inches, or to throw off any unpleasant or noxious odor, or to conceal
any filthy deposit, or to create or produce pollen or seed, except
such weeds or vegetation which exist on farmlands and in designated
wetlands. Such owner or occupant shall remove, cut or trim all such
weeds or other vegetation to a height of five inches by May 15 of
each and every year, and thereafter as necessary, so as not to exceed
the hereinabove-mentioned eight-inch height restriction during the
same growing season. Any weeds or other vegetation growing upon or
along any premises in the Borough in violation of the provisions of
this section are hereby declared to be a nuisance and detrimental
to the health, safety, cleanliness and comfort of the inhabitants
of the Borough.
[Ord. 448, 5/2/2012]
The owner of any premises, as to vacant or unoccupied premises or premises occupied by the owner, and the occupant thereof, as to premises occupied by other than the owner thereof, shall remove, trim or cut all weeds and other vegetation growing or remaining upon such premises as required by § 11-101 of this Part 1.
[Ord. 448, 5/2/2012]
1.
The Code Enforcement Officer is hereby authorized to give notice of violation, by certified United States mail, to the owner of record set forth in the recorded deed for the property in violation of § 11-101 ("the property"), by utilizing the certificate of residence on the deed for the property as set forth in the Butler County Recorder of Deeds' office, unless the Butler County online GIS maps indicate a different address, and also give notice to any occupier of the property (if known), no earlier than May 15 of each year and in all cases within 10 days of awareness of a violation of § 11-101 above.
2.
Notice shall set forth the following:
B.
A statement that the owner and/or the occupier has neglected to remove,
trim or cut weeds as required by this Part, along with a copy of this
Part 1.
C.
A statement that the owner and/or occupier must remove, trim or cut
the weeds within 48 hours and that failure to timely remove, trim
or cut the weeds constitutes a nuisance.
D.
That failure to timely comply with the notice of violation shall
result in the Borough removing, trimming or cutting the vegetation,
pursuant to its police power, and collecting the cost of same plus
10%, as well as attorneys' fees and costs and filing fees or
costs, by filing a municipal claim pursuant to the Borough Code and
the Municipal Claim Law, 53 P.S. § 7101 et seq.
[Ord. 448, 5/2/2012]
Any person, firm or corporation who shall violate the provisions
of this Part 1 or rules and regulations adopted under authority of
this Part 1 shall be sent an official written warning of noncompliance
by the Code Enforcement Officer for the first offense. Thereafter,
all such offenses shall be subject to the penalties hereinafter provided.
Each day that a violation continues shall constitute a separate violation.
Upon a finding of violation in a summary enforcement proceeding, the
violator shall be assessed a penalty of $500 for the first violation,
and $1,000 for the second and subsequent violations, plus costs of
prosecution, including reasonable attorneys' fees and costs incurred
by the Borough, for each and every offense.
[Ord. 448, 5/2/2012]
The remedies provided herein for the enforcement of this Part
1 or any remedy provided for by law shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
sole option of Saxonburg Borough.
