No person, firm or corporation owning or occupying
any property within the Borough of Conway shall permit poison ivy,
poison oak or any brush, grass or weeds or any vegetation whatsoever
not edible or planted for some useful or ornamental purpose, to grow
or remain upon 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 or to create or produce pollen.
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 brush, grass, weeds or other vegetation growing or
remaining upon such premises in violation of the provisions of the
first section 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 brush,
grass, weeds or other vegetation is growing or remaining in violation
of the provisions of the first section of this chapter, directing
and requiring such owner or occupant to remove, trim or cut such brush,
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 brush, 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; provided that if the
owner or occupant, as the case may be, receiving such notice notifies
the Borough Council in writing and requests a hearing within five
days after the issuance of such notice, the Borough Council shall
set a date, time and place for a hearing where the owner or occupant,
as the case may be, shall have an opportunity to be heard. Following
such hearing, any person aggrieved may appeal to the Court of Common
Pleas of Beaver County, Pennsylvania.
Any person who shall be convicted of a violation
of any of the provisions of this chapter before any District Magistrate
shall be sentenced to pay a fine of not more than $300, together with
costs of prosecution, or to imprisonment in the county jail for a
term not to exceed 30 days, or both.