[HISTORY: Adopted by the Borough Council
of the Borough of Greencastle 9-6-2005 by Ord. No. 2005-7. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 132.
[Amended 10-5-2015 by Ord. No. 2015-08]
A.
For the purpose of this chapter, "owner" shall mean any person, firm,
partnership, association, trust, corporation, or other entity having
any ownership interest in real property and any tenant, lessee, or
occupant of real property.
B.
No owner of any property within the Borough of Greencastle shall
permit or cause the following to occur:
(1)
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, or upon the grass plot along the street or sidewalk abutting
such premises, in height in excess of 10 inches.
(2)
Any weeds listed on the noxious weed control list set forth in Title
7, Chapter 110.1 of the Pennsylvania Code,[1] as amended from time to time, to grow or remain upon such
premises or upon the grass plot along the street or sidewalk abutting
such premises.
[1]
Editor's Note: See 7 Pa. Code § 110.1.
(3)
Any grass clippings, tree trimmings, hedge clippings or tree leaves,
hereinafter referred to as "yard waste," to be placed into a public
street or alley along the curbline in such a manner that the yard
waste covers or could cover or enter the stormwater drainage system
of the Borough of Greencastle.
(4)
Dumping or hosing debris into the storm drain system.
C.
No owner of any property within the Borough shall permit any grass,
weeds, dirt or other items to cause an obstruction or hazard on the
sidewalk in front of the property.
[Amended 12-5-2022 by Ord. No. 2022-03]
D.
Any violation
of any provisions of this section is hereby declared to be a nuisance
and detrimental to the health, safety, cleanliness, comfort and welfare
of the inhabitants of the Borough.
[Added 12-5-2022 by Ord. No. 2022-03]
[1]
Editor's Note: Former § 86-2, Height of vegetation
restricted, was repealed 10-5-2005 by Ord. No. 2015-08.
[Amended 10-5-2015 by Ord. No. 2015-08]
The owner of any premises shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 86-1.
Borough Council, or the Mayor, or any officer
or employee of the Borough designated thereby for this purpose, may
give written notice to any owner, occupant, lessee or other person
having an interest in land or real estate which has weeds, brush,
grass or other vegetation in excess of 10 inches in height which is
not edible or planted for some useful or ornamental purpose to cut
or remove said weeds, brush, grass or other vegetation in compliance
with this chapter.
The written notice described in § 86-4, supra, may be personally delivered to the owner, occupant, lessee or other person having an interest in the land or real estate, or the notice may be sent by certified mail to the last known address of such person. The notice shall give such person 10 days to cut and remove the weeds, brush, grass or other vegetation. If the owner, occupant, lessee or other person having an interest in the land or real estate fails to cut or remove the weeds, brush, grass or other vegetation, then the Borough may hire someone or direct the cutting and removal of the same, and charge and collect said costs, plus 10% penalty, from the owner, occupant, lessee or other person as may be provided by law or equity or pursue any other remedy provided by law or equity.
[Amended 10-5-2015 by Ord. No. 2015-08]
A.
Any owner who or which shall violate, fail, neglect or refuse to
comply with the provisions of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more than $450, plus costs
of prosecution and reasonable attorney fees and, in default of payment
of such fine and costs, to imprisonment for not more than five days,
provided that each day's violation shall constitute a separate offense,
and notice to the offender shall not be necessary in order to constitute
an offense.
B.
The Code Enforcement Officer or his designee(s) and the Borough police
officers are hereby duly authorized to issue a ticket in a form established
by the Borough to any owner violating the provisions of this chapter.
The ticket shall identify the address of the property where the violation
exists, as well as the nature of the violation. The ticket may either
be handed to an owner or occupant of the property, or may be affixed
to a door on the primary structure on the property where the violation
exists, fronting a right-of-way or otherwise conspicuously posted
on the property. The ticket shall instruct such violator that if he,
she or it reports to the Borough office and pays to the Borough the
sum of up to $100 for a first offense, $200 for a second offense,
and $300 for each subsequent offense within a calendar year, within
10 days of the date of issuance of the ticket, then such payment shall
save such violator from prosecution by a citation, which prosecution
may result in court costs and attorney fees being assessed against
the violator in addition to the fine. In any event, if a ticket is
not paid in full within 10 days of issuance, the official authorized
to issue tickets shall issue a citation to the violator, or initiate
other appropriate enforcement action.
C.
Officials authorized to issue tickets may, in their sole and absolute
discretion, issue a citation or institute other appropriate enforcement
action instead of a ticket.
