[Adopted 8-10-1979 by Ord. No. 964]
[Amended 3-11-1974 by Ord. No. 1135; 5-14-1990 by Ord. No.
1674]
As used in this article, the following terms
shall have the meanings indicated:
Any uncultivated vegetable growth which is injurious to health,
diffuses obnoxious or commonly offensive odors, diffuses pollen in
such amounts as is unhealthful to persons with allergies or is otherwise
offensive to the health, safety or welfare of the community. It shall
include any vegetation which conceals or creates any unsanitary condition.
[Amended 3-11-1974 by Ord. No. 1135; 5-14-1990 by Ord. No.
1674]
A.
No person owning or holding any real estate within
the Township shall permit noxious weeds or other undesirable vegetation,
as defined in the prior section to grow thereon to a height in excess
of 15 inches or to mature their seeds thereon, or fail to cut such
growth when notified by the Township to do so. Such growth of weeds
or other undesirable vegetation is declared to be a nuisance injurious
to the public interest and public health.
B.
In such case where real estate exists within the Township
which is undeveloped, or is subject to growth of weeds, and is in
area greater than 217,800 square feet (five acres), weeds on such
real estate shall be cut or destroyed within an area of no less than
100 feet from all boundaries of such property, when such property
abuts development parcels. In addition, such growth shall be cut or
destroyed within an area no less than 50 feet from all boundaries
of such property, where such property abuts a public right-of-way.
[Amended 4-13-1981 by Ord. No. 1379]
The Township, upon inspection shall notify the
owner by regular mail or telephone to cut or destroy the weeds within
seven days after notification.
Should any person refuse, neglect or fail to
comply with any of the terms or provisions and requirements of this
article or with any notice given in conformity with or pursuant to
the provisions hereof, the Township of Whitehall shall, through its
own agents, contractors and/or employees, cause said weeds or other
undesirable vegetation to be cut or destroyed, together with any cleanup
work to be required. The cost and expense thereof including, but not
limited to, administration and supervision, transportation of equipment,
equipment rental, equipment operator, and incidental labor shall be
certified to the Township Solicitor, who shall enter the same as a
lien against the property in the Court of Common Pleas and shall proceed
to collect the same in like manner as other municipal claims are by
law collectible. An action of assumpsit may be brought to recover
the same in the name of the Township from the owner.
[Amended 10-13-1980 by Ord. No. 1356; 4-13-1981 by Ord. No.
1379; 5-14-1990 by Ord. No. 1674; 8-8-2005 by Ord. No. 2578]
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not less than $500 for a first occurrence within
one season or more than $1,000 for every subsequent occurrence within
the same season plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation of this article continues shall constitute a separate
offense.
