[HISTORY: Adopted by the Board of Supervisors of the Township of Straban 8-27-1984 as Ord. No. 25. Amendments noted where applicable.]
No person, firm, partnership or corporation owning or having a present interest in or occupying any real estate or any lot where houses inhabited by humans are closer than 300 feet to each other and including any land within a one-hundred-fifty-foot radius from each of these dwellings, also to include 150 feet on each side of any public road right-of-way which lies within the above described radius, shall permit any grass or weeds or vegetation not edible or planted for some useful or ornamental purpose to grow or remain on such premises so as to exceed a height of 10 inches or to throw off any unpleasant or obnoxious odor or to conceal any debris or to create or to produce pollen. All such vegetation is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the township; provided, however, that weeds or grass intermingled with growing cultivated crops on agricultural land or land in agricultural use shall not come within the provisions of this chapter.
The owner of any such premises, whether occupied by the owner or not, shall be responsible to remove, trim or cut all such vegetation growing or remaining upon such premises in violation of the provisions of the first section of this chapter. Both the owner and the occupant, in the case of premises occupied by other than the owner, shall be jointly responsible for the compliance with this chapter.
Prior to the enforcement of the penalties as hereinafter imposed in this chapter, the Township Supervisors, or any officer or employer of the township designated thereby for the purpose, is hereby authorized to give notice in writing by United States Certified Mail or by personal delivery to the owner or the occupant, or either of them, of a violation of the terms and conditions of this chapter, directing and requiring such occupant or owner or both of them to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this chapter, within 10 days after receipt of such notice.
If any such owner and/or occupant shall neglect to comply with such notice within the period of time stated herein, the township authorities shall have the following remedies:
They may remove, trim or cut such grass, weeds or vegetation so as to comply with the provisions of this chapter; and the reasonable cost thereof, together with an additional penalty of 10% of reasonable costs may be collected by the township from such owner or occupant as a penalty under the provisions of this chapter or in any other manner provided by law. This right, as herein vested in the township, shall be in addition to penalties prescribed by the provisions of this chapter for the conviction of the owner or occupant as aforesaid to comply with the terms of this chapter.
They may initiate summary proceedings against any person, firm or corporation who shall violate any of the provisions of this chapter, who shall, upon conviction thereof by a summary proceeding before a District Justice, be sentenced to pay a fine of not more than $1,000, and the costs of prosecution; each day's continuation of violation of this chapter shall constitute a separate offense. The first day of violation shall commence 24 hours after the receipt of the notice of violation.