Borough of Baldwin, PA Chapter 70 Brush, Grass and Weeds

[HISTORY: Adopted by the Borough Council of the Borough of Baldwin 3-18-1985 by Ord. No. 559. Amendments noted where applicable.]

GENERAL REFERENCES

Trees, shrubs and bushes — See Ch. 150.

§ 70-1 Prohibited grass, weeds and other vegetation.

No person, firm or corporation owning or occupying any property within the Borough of Baldwin shall permit any poison ivy, poison oak, poison sumac or any other similar noxious and harmful weed to remain growing, nor shall he or it permit any grass or other weeds or other 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. Any grass, weeds or other vegetation growing upon any premises in the Borough in violation of any of the provisions of this section and which affect the public or residents of the Borough and which is detrimental to the safety, cleanliness and comfort of the inhabitants of the Borough is hereby declared to be a nuisance.

§ 70-2 Exceptions.

Nothing herein contained, however, shall require the cutting of grass, weeds or other vegetation growing in areas which customarily and historically have contained brush and dense foliage or which remain undeveloped and are not proximate or contiguous to developed areas; nor shall any such grass, weeds or other vegetation be required to be cut or maintained where such cutting or maintaining would impose a hardship on the property owner because of the presence of extreme slope grades, crevasses or the existence of areas which are unable to be reasonably cleared.

§ 70-3 Notice of violation; failure to comply.

The Zoning Officer of the Borough of Baldwin is hereby authorized to give notice, as permitted by law and rules of civil and criminal procedure, to the owner or occupant, as the case may be, of any premises whereon any poison ivy, poison oak, poison sumac or any other similar noxious and harmful weed or whereon grass, other weeds or other vegetation is growing or remaining in violation of the provisions of the first section of this chapter, directing and requiring such occupant to remove, trim or cut such 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 law, may be collected by the Borough from such person, firm or corporation in the manner provided by law.

§ 70-4 Violations and penalties.

[Amended 12-19-1985 by Ord. No. 566]

Any person, firm or corporation who or which shall violate or fail, neglect or refuse to comply with any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 plus costs of prosecution or imprisoned for up to 30 days, provided that each day's violation shall constitute a separate offense.