[HISTORY: Adopted by the Borough Council
of the Borough of Taylor 11-13-2002 by Ord. No. 5-2002. Amendments noted where
applicable.]
A.
Scope. The provisions of this chapter shall govern
the minimum conditions and responsibilities of persons for the maintenance
of premises and exterior property with respect to weeds or plant growth.
B.
Responsibility. The owner of the premises shall maintain
the premises and exterior property in compliance with these requirements.
The following words and terms shall, for the
purposes of this chapter, have the meanings shown herein:
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
Any person living or sleeping in a building, or having possession
of a space within a building.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, association, firm, partnership
or any other group acting as a unit.
A lot, plot or parcel of land including any structures thereon.
Any premises that is unsanitary, or that is littered with
rubbish or garbage, or that has an uncontrolled growth of weeds or
is otherwise defined as such in the ordinance(s) of the Borough.
All premises and exterior property shall be
maintained free from weeds or plant growth in excess of 10 inches
(254 mm). All noxious weeds shall be prohibited. "Weeds" shall be
defined as all grasses, annual plants and vegetation, other than trees
or shrubs; provided; however, that this term shall not include cultivated
flowers and gardens.
A.
Unlawful acts. It shall be unlawful for any person
to create, continue, cause, maintain, permit, fail to maintain any
premises, property, exterior property, at any place within the Borough
of Taylor regulated by this chapter, or cause same to be done, contrary
to or in conflict with or in violation of any provisions of this chapter,
or fail to obey a lawful order of the Code Official, or to remove
or deface a placard or notice posted under the provisions of this
chapter.
B.
Removal or abatement. Any person who creates, continues,
causes, maintains or permits to exist any nuisance at any place within
the Borough, shall, within 10 days after the notice from the Borough
to do so, remove or abate the nuisance.
C.
Fines. Any person who or which shall violate or fail,
neglect or refuse to comply with any of the provisions of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $25 dollars and costs of prosecution; it is a provision
hereof that each day’s violation shall constitute a separate
offense and further notice to the offender shall not be necessary
in order to constitute an offense.
D.
Actions. If that person fails, neglects or refuses to abate the nuisance within the time limit, the Borough shall have authority, in person or by its agents and/or employees, to remove or abate the nuisance, and, in so doing, shall have authority, but not the obligation, to enter upon the property of the person in default, and proceed to remove the weeds and otherwise abate the nuisance. Thereupon, the Borough shall collect the cost and expense of such abatement or removal from the person who created, continued, caused, or maintained the nuisance and/or permitted it to exist, that person having failed, neglected or refused to remove or abate the nuisance, with an additional amount of 10%, in the manner provided for the collection of the municipal claims, or by an action in assumpsit; provided, the cost and expense including reasonable attorneys’ fees may be in addition to any penalty imposed under Subsection C of this section.
E.
Prosecution. In case of any unlawful acts the Code
Official shall institute an appropriate action or proceeding at law
to exact the penalty(ies) as provided in this chapter. Additionally,
the Code Official or municipality may proceed on behalf of the municipality
to proceed at law or in equity against the person responsible for
the violation for the purpose of ordering that person to restrain,
correct, or remove the violation.
A.
Notice to owner or to person or persons responsible. Whenever the Code Official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in Subsections B and C.
B.
Form. Such notice prescribed in Subsection A shall:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient
for identification;
(3)
Include a statement of the reason or reasons why the
notice is being issued;
(4)
Include a correction order allowing 10 days to bring
the premises into compliance with the provisions of this chapter;
(5)
Include a statement that daily fines may be assessed;
absent compliance, the Borough may, but is not obliged to, abate the
condition at the cost and expense of the owner; further, that legal
and/or equitable action may be undertaken.
C.
Method of service. Such notice shall be deemed to
be properly served if a copy thereof is delivered to the owner personally,
or sent by certified or registered mail addressed to the owner at
the last known address with return receipt requested. If the certified
or registered letter is returned showing that the letter was not delivered,
a copy thereof shall be posed in a conspicuous place in or about the
structure affected by such notice. Service of such notice in the foregoing
manner upon the owner’s agent or upon the person responsible
for the structure shall constitute service of notice upon the owner.
Any person affected by a decision of the Code
Official or a notice or order issued under this chapter shall have
the right to appeal to the Taylor Borough Council, provided that a
written application for appeal is filed within 20 days after the day
the decision, notice or order was served. An application for appeal
shall be based on a claim that the true intent of this chapter or
the rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this chapter do not fully apply, or the requirements
of this chapter are adequately satisfied by other means. An appeal
shall not act to suspend the assessment of fines, penalties, costs,
or expenses.
