[HISTORY: Adopted by the Board of Supervisors of the Township of Lehigh 2-12-1980 as Art. 1109 of the 1980 Code of Ordinances. Amendments noted where applicable.]
Nuisances — See Ch. 103.
Editor's Note: Some provisions of this chapter were originally adopted 8-14-1967 by ordinance.
For the purpose of this chapter, the following terms shall have the following meanings:
- An individual, partnership, firm or corporation, and the singular includes the plural, who is the owner, is holding, or is in possession of any real estate on which weeds are growing.
- Includes all rank vegetable growth including, but not limited to, grass, ragweed, dandelion and miscellaneous other vegetation commonly referred to as "weeds" or "brush" which are not edible or planted for some useful or ornamental purpose and which exhale unpleasant or noxious odors or pollen, or which may conceal filthy deposits or serve as breeding places for mosquitoes, other insects or vermin.
No person owning, holding, or in possession of any real estate shall allow or maintain on any lot or tract of land within the boundary of the Township of Lehigh any growth of weeds or grass to a height of over six inches. Such growth of weeds is hereby declared to be a nuisance, injurious to the health, cleanliness, comfort, and safety of the residents of the Township.
The owner of any premises, as to vacant premises or premises occupied by the owner, and the occupant thereof, in case of premises occupied by other than the owner thereof, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of this chapter.
Any tract of land or real estate substantially classified as wooded territory, natural swamplands, land being farmed or cultivated, and any natural wildlife habitat area as determined by the Board, unless otherwise declared a nuisance, are hereby excluded from compliance with this chapter.
[Amended 10-13-1981 by Ord. No. 1981-2; 10-10-1995 by Ord. No. 1995-5]
The Lehigh Township Board of Supervisors, or any officer or employee of the Township of Lehigh designated thereby for the purpose, is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of this chapter, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation, so as to conform to the requirements of this chapter within 20 days after issuance of such notice.
[Amended 12-11-2007 by Ord. No. 2007-6]
In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice, within the period of time stated therein, the Township authorities, or any person, firm or corporation hired by said authorities, may remove, trim or cut such grass, weeds or vegetation, and the cost thereof, together with any additional penalty authorized by the law, may be collected by the Township from such person, firm or corporation, in the manner provided by law.
In the event of subsequent violations in the same calendar year, the Township, or any person, firm or corporation hired by the Township, shall be authorized to cut, destroy, or remove, or to have such weeds cut, destroyed or removed, without further notification to the person and bill such person for the cost in accordance with § 174-5.
In case of neglect or refusal by the person, firm or corporation to pay such bill within 30 days after issuance of the said bill, the bill shall be subject in all respects to the general law provided for the filing and recovery of municipal liens.
[Amended 10-10-1995 by Ord. No. 1995-5]
A person shall be billed for the cost of remedying any violation of this chapter at the rate established by the Township Supervisors. The rate should compensate the Township for both direct costs (e.g., labor and equipment) and indirect costs and expenses (e.g., administrative time, postage, etc.) incurred in cutting and removing the grass and weeds from said person's property. In those cases where the Township hires another person, firm or corporation to remove, trim or cut such grass, weeds or vegetation, the person shall be billed the amount charged the Township by the person, firm or corporation, with an additional 10% added for the Township's administrative time and costs.