[HISTORY: Adopted by the Board of Supervisors of the Township of Whitpain 4-10-1972 by Ord. No. 83. Amendments noted where applicable.]
It shall constitute a public nuisance for any person, firm or corporation, being the owner or occupant of premises situate in Whitpain Township, to permit the growth or accumulation of Canada thistle, chicory, succory, blue daisies, weeds, grasses or other noxious or objectionable vegetation on said premises in excess of 12 inches in height. Notwithstanding the foregoing prohibition, the following areas shall be exempt from such cutting or trimming requirements, except that Canada thistle, chicory, succory, blue daisies, weeds or other noxious or objectionable vegetation shall be so controlled in such areas: land actively cultivated for crop production, land actively utilized as pasture or meadows, and non-noxious grasses planted for some useful or ornamental purpose.
Whenever the Supervisors of Whitpain Township shall, in their discretion, consider the uncontrolled growth or accumulation of weeds, tall grasses or other obnoxious or objectionable vegetation on any premises as aforesaid to be prejudicial to the public health or to create a fire hazard, they may declare the same to be a public nuisance.
Whenever the Supervisors of Whitpain Township have declared the growth or accumulation of weeds, tall grasses, obnoxious or objectionable vegetation to constitute a public nuisance, they shall notify the owner or occupant of said premises to abate said nuisance within 10 days from the service of said notice. The service of such notice shall be made upon the owner or occupant of said premises either by certified mail or by delivering the same to such owner or occupant personally or by delivering such notice to and leaving it with any adult person in charge of said premises, or in case no such person is found upon said premises, by posting such notice upon said premises.
If the owner or occupant of premises as aforesaid whereon said public nuisance exists fails, neglects or refuses to comply with the order of the Supervisors of Whitpain Township for the abatement or removal thereof within 10 days of the giving of such notice, the Supervisors or their agents or employees may enter upon the premises to which such order relates and abate or remove such nuisance.
The expense incident to such abatement or removal or cutting of weeds or tall grasses shall be paid by the owner or occupant of such premises, and such expense as may be incurred by the township may be billed to such owner or occupant by the Supervisors, and in default of payment of such bill, a lien upon the lands on which the nuisance was maintained may be filed by said Supervisors in the name of Whitpain Township in the Court of Common Pleas of Montgomery County, Pennsylvania, within six months from the date of completion of the work of abatement or removal, subject to the same proceedings for entry and revival of judgment and execution as are provided by law for other municipal liens.
The Supervisors may also collect the cost of such abatement or removal by summary proceedings before a District Justice, which amount, when recovered, either by enforcement of the lien or by summary proceedings, shall be paid to the Township Treasurer, to be held and used for township purposes, but a final recovery of the amount in one proceeding shall be a bar to the institution of or further continuance of the other proceeding.
[Amended 5-19-1986 by Ord. No. 165; 1-2-1989 by Ord. No. 184]
Any person, firm or corporation failing to abate such nuisance in accordance with the requirements of any notice which may hereafter be given under the provisions of this chapter shall, in addition to being liable for the costs of removal and abatement, forfeit and pay a fine in the amount of not more than $600, together with costs for each such offense, to Whitpain Township, the same to be collected by summary proceedings before a District Justice or recovered the same as debts of like amount are now by law recoverable, and in default of the payment of such fine and costs, shall undergo an imprisonment of not more than 30 days in the Montgomery County Prison.