[HISTORY: Adopted by the Borough Council
of the Borough of Kane 6-12-1995 by Ord. No. A-908. Amendments noted
where applicable.]
In this chapter, the word "person" shall mean
and include any natural person, partnership, association, firm or
corporation. The singular shall include the plural, the plural shall
include the singular, and the masculine shall include the feminine
and the neuter.
A.
It shall be unlawful for any person, being the owner
of any real estate in the Borough of Kane, to permit any grass or
weeds or any vegetation whatsoever, not edible or planted for a 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. It shall be the duty of every owner of real estate to cut
such grass, weeds or other vegetation, or to cause the same to be
cut, at least once a month between the first day of May and the first
day of October of each and every year.
B.
It shall be unlawful for any person to rake or place
leaves, grass or other vegetation onto the roadway. Such leaves, grass
or other vegetation shall be raked into piles or bagged and placed
on the area between the sidewalk and the curb for proper disposal.
[Amended 7-11-2011 by Ord. No. A-1002]
Borough Council’s designee is authorized to give notice, by personal service or by United States mail, and if no response from regular mail within 10 days said notice shall be sent via certified mail, or by the posting the property, to the owner of any premises whereon grass, weeds or other vegetation shall be growing or remaining in violation of §90-2 of this chapter, directing or requiring such owner to remove, trim or cut such grass, weeds or other vegetation, so as to conform to the requirements of this chapter within five days of issuance of such notice, and to stay in compliance for no less than 12 consecutive months. In case any person 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 other vegetation, and the cost thereof, with an additional amount of 10%, may be collected by the Borough from such defaulting person in the manner provided by law.
All prosecutions of this chapter shall be brought
in the name of the Borough of Kane before any District Magistrate
and shall be commenced by information and warrant, citation or complaint
and summons and shall be directed to, and be served by, a constable
or other proper person. Warrants shall be returnable forthwith and
upon such return like proceedings shall be had as in case of summary
convictions.
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600, plus costs, and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this chapter continues shall
constitute a separate offense.
