[HISTORY: Adopted by the Borough Council
of the Borough of Youngwood 7-10-1961 by Ord. No. 61-2.[1] Amendments noted where applicable.]
[1]
Editor's Note: This legislation was included
as Ch. XI of the 1973 compilation.
No person, firm or corporation owning or occupying
any property within the Borough of Youngwood shall permit any grass
or weeds or any vegetation whatsoever, not edible or planted for some
useful or ornamental purpose, to grow or remain upon such premises
so as to exceed a height of six inches or to throw off any unpleasant
or noxious odor or to conceal any filthy deposit or to create or produce
pollen. Any grass, weeds or other vegetation growing upon any premises
in the borough in violation of any of the provisions of this section
is hereby declared to be a nuisance and detrimental to the health,
safety, cleanliness and comfort of the inhabitants of the borough.
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 § 49-1 of this chapter.
A.
The Borough Council or any officer or employee of the borough designated thereby for the purpose, is hereby authorized to give notice, by personal service or by the 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 § 49-1 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 five days after issuance of such notice.
B.
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 Borough authorities may remove, trim or cut such
grass, weeds or vegetation, and the cost thereof, together with any
additional penalty authorized by law, may be collected from such person,
firm or corporation.
[Amended 5-3-2010 by Ord. No. 500]
C.
No additional
notice or notices shall be required for future occurrences of the
same violation, if a nuisance specific to grass, weeds or brush shall
recur on the same property within the same calendar year. In that
event, the Borough may immediately proceed to abate such nuisance,
without further notice to the person, firm or corporation in violation
of this chapter, in the same manner provided for in this chapter.
[Added 5-3-2010 by Ord. No. 500]
[Amended 10-2-1989 by Ord. No. 365; 5-3-2010 by Ord. No. 500]
Any such person firm or corporation 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 $300, and cost of prosecution, and,
in default of payment of such fines and costs, to imprisonment for
a term not to exceed 30 days. Each day's violation shall constitute
a separate offense, and notice to the offender shall not be necessary
in order to constitute an offense.
[Added 5-3-2010 by Ord. No. 500]
Charges assessed by the Borough for such removal of grass, weeds
or vegetation shall be a lien upon the premises. Whenever a bill for
such charges remains unpaid for 30 days after it has been rendered,
the Borough Solicitor may file with the Prothonotary of Westmoreland
County a description of the premises, the expenses and costs incurred,
and a notice that the Borough claims a municipal lien for this account.
Conviction of a violation under this chapter shall not be a prerequisite
to the filing of a municipal lien. The remedies established under
this chapter are nonexclusive. Nothing herein shall limit or restrict
the Borough's right to use any remedy established by this chapter,
or available at law or in equity, for violations of this chapter.
