[HISTORY: Adopted by the Board of Supervisors
of the Township of Independence 7-7-1999 by Ord. No. 99-2. Amendments noted where
applicable.]
GENERAL REFERENCES
Open burning — See Ch. 133.
No person, firm or corporation owning or occupying
any property within the Township of Independence containing less than
two contiguous acres or what would be considered the front yard, side
yard and rear yard shall permit any grass or weeds or any similar
vegetation whatsoever to grow or remain on such premises so as to
exceed a height of six inches or to throw off any unpleasant or noxious
odor or to conceal any filthy deposit. Any grass, weeds or similar
vegetation growing upon any premises in the Township 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 Township.
No tenant, lessee, occupier, or owner of any
premises or vacant premises or premises occupied by other than the
owner or tenant shall violate the provisions of the first section
of this chapter.
The Township Supervisors, or any officer or
employee of the Township 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 similar vegetation is growing or remaining
in violation of the provisions of the first section of this chapter,
directing and requiring such occupants 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. If
any person, firm or corporation shall neglect, fail, or refuse to
comply with such notice within the period of time stated therein,
in addition to any other remedies that are available, and not by way
of limitation thereof, the Township may remove, trim, or cut such
grass, weeds or vegetation, and the cost thereof, together with any
penalty authorized by the law, including attorneys fees, may be collected
by the Township from such persons, firm or corporation, in the manner
provided by law.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $50 nor more than $1,000, plus all costs
of prosecution, including, but not limited to, attorneys' fees, and
in default of payment thereof, shall be imprisoned for a term not
to exceed 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. All fines and penalties collected for
the violation of this chapter shall be paid to the Township Treasurer.
The provisions of §§ 220-3 and 220-4 above are not mutually exclusive and therein, the Township may institute enforcement and/or punishment pursuant to either or both of said sections. Furthermore, an action against the tenant, lessee or occupier pursuant to either or both §§ 220-3 and 220-4 shall not exclude or bar any action against the owner, and vice versa, any action against the owner shall not exclude or bar any action against the tenant, lessee or occupier of said premises.
