[HISTORY: Adopted by the Board of Supervisors of the Township of
Derry 1-23-1996 as part of Ord. No. 392.
Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 143.
No person, firm or corporation owning or occupying any property within
the Township of Derry shall permit any grass, weeds or other vegetation which
is not edible or planted for some useful or ornamental purpose to grow or
remain upon such premises if such grass, weeds or vegetation:
Any grass, weeds or other vegetation growing upon any premises in the Township in violation of the provisions of § 70-1 of this chapter is hereby declared to be detrimental to the health, safety and welfare of the inhabitants of the Township and is accordingly declared to be a nuisance.
[Amended 12-15-1998 by Ord. No. 451]
The owner of any premises shall remove, trim or cut all grass, weeds
or other vegetation growing or remaining upon any premises in violation of
the provisions of this chapter.
Notwithstanding any of the other terms of this chapter to the contrary,
the provisions of this chapter shall be inapplicable to land which is located
200 feet or more from any building or structure available for use for human
habitation.
[Amended 12-15-1998 by Ord. No. 451]
A.
The Township, or its designated representative, is hereby authorized to give notice by personal service or by United States mail to the owner of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of § 70-1 of this chapter, which notice shall direct and require the owner to remove, trim or cut such grass, weeds or vegetation so as to conform to § 70-1 of this chapter within five days of receipt of such notice. If the Township cannot personally service notice or if the notice cannot be served to the owner of the premises within five days of mailing due to no known accurate address of the owner or the owner's refusal to accept such notice, the Township may post said notice on the premises where the violation exists for a five-day period of time which shall be deemed to have the same effect as the owner having received personal service or mail service of such notice.
B.
If compliance is not achieved within five days of the
owner's receipt of notice or when permitted, within five days of the
Township posting such notice on the premises, the Township may remove, cut
or trim such grass, weeds or vegetation and the cost thereof, together with
any penalty authorized hereunder, may be collected by the Township as a municipal
lien or in any other manner provided by law.
C.
A notice to remove, trim or cut shall, after having been
served personally or by mail, or posted as provided herein, be considered
to be in effect for a one-year period of time and repeated notices need not
be served to a property owner to be liable for the same repeated violations
on the same property.
[Amended 12-15-1998 by Ord. No. 451[1]]
A.
If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate
enforcement proceedings by sending an enforcement notice as provided in this
section.
B.
The enforcement notice shall be sent to the violator and, if
applicable, the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement notices
regarding that parcel, and to any other person requested in writing by the
owner of record.
C.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall, upon being
found liable therefor in a civil enforcement proceeding commenced by the Township,
pay a judgement of not more than $600 plus all court costs, including reasonable
attorney fees incurred by the Township as a result thereof. No judgement shall
commence or be imposed, levied or payable until the date of determination
of a violation by the District Justice. If the defendant neither pays nor
timely appeals the judgement, the Township may enforce the judgement pursuant
to the applicable Rules of Civil Procedure. Each day that a violation continues
and each section of this chapter which shall be found to have been violated
shall constitute a separate violation.
D.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Township the
right to commence any action for enforcement pursuant to this section.
E.
District Justices shall have initial jurisdiction over
proceedings brought under this section.
