[HISTORY: Adopted by the Council of the Borough of West Chester 12-10-1969
by Ord. No. 28-1969. Amendments noted where applicable.]
[Amended 6-13-1973; 5-10-1989
by Ord. No. 11-1989]
No person, firm or corporation owning or occupying any property within
the Borough of West Chester shall permit any grass or weeds or any vegetation
whatsoever, not grown for human consumption or planted for some useful or
ornamental purpose, to grow or remain upon such premises so as to exceed a
height of 10 inches or to throw off any unpleasant or noxious odor or to conceal
any filthy deposit or to create or produce pollen. All such grass or weeds
shall be cut not less often than on or before June 15 and August 15 of each
year, but in any case shall not be permitted to exceed 10 inches in height
at any time. Any grass, weeds or other vegetation growing upon any premises
in the borough in violation of any of the provisions 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, as to vacant premises or premises occupied by the owner, or the occupant thereof, in case of premises occupied by other than the owner thereof, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 41-1 of this chapter.
The Borough Council, or any officer or employee 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 the provisions of § 41-1 of this chapter, directing and requiring such occupant to remove, trim or cut such grass, weeds or 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 remove, trim or cut such grass, weeds or vegetation, and the cost thereof, together with any additional penalty authorized by the law, may be collected by the borough from such person, firm or corporation in the manner provided by law.
[Amended 6-13-1973; 5-10-1989
by Ord. No. 11-1989; 3-17-1999
by Ord. No. 5-1999]
Any person who violates or permits the violation of any provision of
this chapter shall, upon conviction thereof in a summary proceeding brought
before a District Justice, be guilty of a summary offense and shall be subject
to the payment of a fine of not less than $25 and not more than $1,000, plus
the costs of prosecution. Upon default of payment thereof, the defendant may
be sentenced to imprisonment in the county prison for a period of not more
than 30 days. Each section or provision of this chapter that is violated shall
constitute a separate offense, and each day or portion thereof in which a
violation of this chapter is found to exist shall constitute a separate offense,
each of which violations shall be punishable by a separate fine imposed by
the District Justice of not less than $25 and not more than $1,000, plus the
costs of prosecution, and, upon default of payment thereof, the defendant
may be sentenced to imprisonment in the county prison for a term not more
than 30 days.
