[HISTORY: Adopted by the Board of Supervisors
of the Township of Westtown 4-5-1965 by Ord. No. 65-1. Amendments noted where
applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 126.
[Amended 11-18-2013 by Ord. No. 2013-2]
A.
Between the dates of May 1 and September 30 of any year, no person,
firm, corporation or other entity owning or occupying any land within
the Township of Westtown shall allow any grass, weeds or other vegetation
whatsoever, which is not normally considered edible or planted and
maintained for some useful or ornamental purpose, to grow or remain
upon such land uncontrolled, to cause any unpleasant or obnoxious
odor, to conceal any filthy deposit, to provide a place for the accumulation
of garbage or rubbish, to produce any obnoxious pollen or seed, or
to provide a breeding place for insects. Any such grass, weeds or
vegetation growing upon any land in the Township in violation of the
provisions of this section is hereby declared to be a nuisance and
detrimental to the health, safety, cleanliness, comfort and general
welfare of the citizens of the Township.
B.
Bamboo is a group of perennial evergreens in the true grass family
(Poaceae) and typically can be categorized as either a "clumping"
or "running" type. Certain of the more than 1,450 species of running
bamboo can be invasive and can grow to 40 feet in height. The Board
of Supervisors has, therefore, determined that bamboo species, including,
but not limited to, Bambuseae, Phyllostachys and Pseudosasa, including
Common Bamboo, Golden Bamboo and Arrow Bamboo, shall be declared to
be a nuisance and shall be maintained only as follows:
[Amended 10-18-2021 by Ord. No. 2021-09]
(1)
Bamboo
shall not be planted, maintained or otherwise be permitted to exist
within 40 feet of the edge of the pavement or traveled portion of
any public roadway in the Township; and
(2)
Bamboo
planted or growing on a property shall not be permitted to encroach
or grow upon adjoining or neighboring properties, including public
property and Township rights-of-way, and shall not spread beyond the
property lines of the property where it has been planted, grown, or
permitted to remain.
[Amended 8-6-2001 by Ord. No. 2001-5; 11-18-2013 by Ord. No.
2013-2]
A.
The owner of any premises which is vacant or occupied by the owner and the occupant of any premises occupied by other than the owner thereof shall remove, trim, cut or otherwise control all grass, weeds or other vegetation growing or remaining upon such owned or occupied premises in violation of the provisions of § 54-1A of this chapter. It shall be the duty of all owners and occupiers of lands owned or occupied by them to keep the same in good order and to keep all fields, yards, lots and other open areas mowed and trimmed and the same shall be mowed once before June 15 and again before October 1 of each and every year.
B.
Property owners or occupants of properties containing bamboo in violation of the prohibition set forth in § 54-1B(1) of this chapter shall remove and abate the growth of the bamboo within 40 feet of the edge of the pavement or the traveled portion of a public road within the Township and shall keep the same in good order and free of bamboo at all times.
[Amended 10-18-2021 by Ord. No. 2021-09]
C.
Property
owners who plant, grow, or permit bamboo to remain on their property
are herein considered to be "bamboo owners" and shall be required
to take such measures as are reasonably expected to prevent bamboo
from encroaching or growing onto adjoining or neighboring properties.
Such measures shall include, but are not limited to, regular removal
of new bamboo growth, and/or installation of sheathing comprised of
metal, plastic, or other material impenetrable by bamboo at a sufficient
depth and height within the property line or lines where the bamboo
is planted or is growing to prevent such growth or encroachment upon
adjoining or neighboring properties.
[Added 10-18-2021 by Ord. No. 2021-09]
(1)
In the
event that bamboo growing on a property encroaches or grows onto an
adjoining or neighboring property that is owned or held on behalf
of the Township, the Township shall notify the bamboo owner, in writing,
that the bamboo has invaded the Township property and require the
removal of such bamboo from the Township property.
(2)
In the
event that the property owner does not remove or contract for the
removal of the bamboo from the Township property, or does not make
an arrangement with the Township for removal of such bamboo within
30 days from the date the Township first provided notice pursuant
to the above, the Township, at its discretion, may remove or arrange
for the removal of such bamboo from the Township property and the
property owner shall be liable and responsible to the Township for
all costs incurred in removing the bamboo from the Township property.
[Amended 11-18-2013 by Ord. No. 2013-2]
The Supervisors of the Township or their duly authorized agents are hereby authorized to give notice by personal service or by United States mail directed to the last known address of the owner or occupant, as the case may be, of any lands whereon bamboo, grass, weeds or other vegetation is growing or remaining in violation of the provisions of §§ 54-1 and 54-2 of this chapter and directing such occupant or owner to remove, mow, cut or trim such bamboo, grass, weeds or vegetation so as to conform to the requirements of this chapter. The owner or occupant shall conform to the directions of the notice within five days after the issuance thereof. In the event that any person, firm, corporation or other entity so notified shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Township or its authorized agents may remove, trim, cut or mow such bamboo, grass, weeds or other vegetation, and the cost of such removal, trimming, cutting or mowing, together with the additional penalty provided by law, may be collected by the Township from such person, firm, corporation or other entity in the manner provided by law, including the placing of a municipal lien on the offending property.
[Amended 10-18-2021 by Ord. No. 2021-09]
Any person who violates or permits a violation
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a Magisterial
District Justice, pay a fine of not more than $600, plus all court
costs, including reasonable counsel fees, incurred by the Township
in the enforcement of this chapter. No judgment shall be imposed until
the date of the determination of the 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 Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
