[HISTORY: Adopted by the Board of Supervisors
of the Township of Franconia 12-5-1961 by Ord. No. 12. Amendments
noted where applicable.]
GENERAL REFERENCES
Public nuisances — See Ch. 90.
[Amended 8-18-2014 by Ord. No. 377]
No person who is the owner or occupier of any real property
within Franconia Township shall permit the uncultivated growth thereon
of weeds, grasses or other vegetation excepting such vegetative areas
or structures designated as stormwater management best management
structures (BMP) as specified on a SWM BMP plan approved pursuant
to Article X.[1]
As used in this chapter, the following terms
shall have the meanings indicated:
Any plant:
This chapter shall not apply to weeds, grasses
or other vegetation under one foot in height.
Violations of this chapter are hereby declared
to be a public nuisance, a fire hazard and a danger to public health
and safety.
[Amended 9-8-1969 by Ord. No. 55; 3-11-1974 by Ord. No. 78]
The Township Supervisors, or such officer or
employee of the township designated by them for the purpose, are hereby
authorized to determine that there has been a violation of this chapter.
[Amended 9-8-1969 by Ord. No. 55; 3-11-1974 by Ord. No. 78]
Upon determination that there has been a violation
of this chapter, the Board of Supervisors or such authorized officer
or employee shall 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 or
constituting a nuisance, in violation of the provisions of this chapter,
and directing and requiring such occupant or owner to remove, trim
or cut such grass, weeds or vegetation or otherwise abate such nuisance
so as to conform to the requirements of this chapter within 10 days
after issuance of such notice.
If the owner or occupier of the property shall
neglect to abate the nuisance within 10 days of receipt of notice,
the Township Supervisors shall, by their agents and employees, go
upon the premises and abate the same. The cost of such abatement to
the township, plus a penalty of 10% of the cost of the abatement,
shall constitute a lien upon the property. This lien shall be recoverable
by Franconia Township either in an action of assumpsit, or as other
municipal liens are recoverable by law.
[Amended 9-12-1988 by Ord. No. 147; 6-10-1996 by Ord. No. 237]
If the owner or occupier of the property has
been served personally with notice and refuses to abate the nuisance
within 10 days or to allow Franconia Township to abate the nuisance,
then the owner or occupier shall be in violation of this chapter.
Any person who violates or permits a violation of this chapter shall,
upon being liable therefor in a civil enforcement proceeding commenced
by the township, pay a fine not exceeding $600 plus all court costs,
including reasonable attorney's fees incurred by the township. No
judgment shall be imposed until the date of the determination of violation
by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the township may enforce the judgment pursuant
to the applicable Pennsylvania Rules of Civil Procedure.
