[HISTORY: Adopted by the Borough Council of the Borough of
Derry 10-12-2009 by Ord. No. 729. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Unless the context indicates otherwise, shall mean any vegetation
upon commercially or residentially zoned properties exceeding eight
inches in height, generally recognized as wild or undesirable plants
or grass. This includes any Canadian or Russian thistle, chicory,
burdock, nettle, poison ivy, sumac, goldenrod, wild lettuce, wild
mustard, wild parsley, ragweed, milkweed or any other plant or vegetation
whatsoever, not edible or planted for an ornamental or agricultural
purpose.
This article shall not apply to land zoned or used for agricultural
purposes which is more than 150 feet from any occupied subdivision
lot, tract, or parcel of land.
Weeds, as herein defined, which are allowed to stand at any
seasons of the year upon any lot, tract, or parcel of land, except
as hereinbefore provided, are hereby declared to constitute a nuisance.
It shall be unlawful for any owner, lessee, occupant, or agent,
representative, or employee of such owner, lessee, or occupant, having
control of any lot, tract, or parcel of land, except as hereinbefore
provided, to allow weeds, as herein defined, to grow or stand upon
such premises and it shall be their duty to cut, remove, or destroy
any and all such weeds on such premises.
The Borough Council or any officer or employee of the Borough designated thereby for the purpose, is hereby authorized to give notice, by posting on the property, personal service or by United States Mail, to the owner or occupants of any premises whereon grass, weeds, or other vegetation is growing or remaining in violation of the provisions of § 220-4 of this chapter, directing and requiring such owner or 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. 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 the penalty of 10%, together with any additional penalty authorized by law, may be collected by the Borough from such person, firm or corporation in the manner provided by law.
Any 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 before the Burgess or Magisterial
District Judge, be sentenced to pay a fine of not more than $1,000
and costs of prosecution, and, in default of payment of such fine
and costs, by imprisonment for not more than 30 days; provided, each
day's violation shall constitute a separate offense and notice to
the offender shall be necessary in order to constitute an offense.
