[HISTORY: Adopted by the Borough Council
of the Borough of Marietta 9-10-1963 by Ord. No. 275 (Ch. 32 of the 1983 Code);
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. I). Subsequent amendments noted where applicable.]
It is the purpose and intention of this chapter
to require grass, weeds and similar vegetation to be cut and removed
from all property in the Borough of Marietta in order to maintain,
provide for and protect the health, safety and welfare of the inhabitants
of the Borough of Marietta.
It shall be unlawful for any person, firm or
corporation owning or having a present interest in any real estate
in the Borough of Marietta to permit grass, weeds and similar vegetation
not planted for some edible, useful or ornamental purpose to grow
more than one foot high or remain on the property owned by him/her
or it in the Borough of Marietta, and all such vegetation is hereby
declared to be a nuisance and detrimental to the health, safety and
welfare of the inhabitants of the Borough.[1]
A.Â
Any person, firm or corporation permitting grass,
weeds and similar vegetation to grow and remain uncut contrary to
the provisions of this chapter shall be notified by the Mayor or his
duly authorized agent to cut and remove such grass, weeds and other
vegetation within a period of five days. The notice may be delivered
to the owner of the property in person, by United States mail or by
posting a notice on the property involved.
B.Â
In the event the owner of the property has not cut
the grass, weeds and similar vegetation within five days after service,
mailing or posting of the said notice, the Mayor shall cause the said
grass, weeds and similar vegetation to be cut and removed.
C.Â
There is hereby imposed a charge of $10, plus the
actual cost of the labor involved each time the Borough cuts and removes
the grass, weeds and similar vegetation, and the owner of the property
shall be billed therefor. Said bill or bills for cutting and removal
of the grass, weeds and similar vegetation shall be recoverable by
the Borough of Marietta as other debts due the Borough of Marietta
are by law recoverable.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. If the Magisterial District
Judge determines that the defendant is without the financial means
to pay the fines and costs immediately or in a single remittance,
such defendant shall be permitted to pay the fines or costs in installments
and over such periods of time as the Magisterial District Judge deems
to be just. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Lancaster County.
