[Amended 11-15-1983 by Ord. No. 152]
A. The Mayor or Police Department shall give written notice, by personal service or by United States first-class mail, to the owner or occupant of any property upon which weeds, grass or other vegetation is permitted to grow or remain contrary to the provisions of §
36-1A of this chapter or upon which trees, shrubs or bushes are permitted to grow or remain contrary to the provisions of §
36-1B of this chapter, directing and requiring such owner or occupant, as the case may be, to cut such weeds, grass or similar vegetation or to trim such trees, bushes or shrubs so as to conform to the requirements of this chapter within seven days after the giving of such notices by personal service or by depositing the same in the United States mail addressed to the last known residence of said owner or occupant. In case any such person shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Mayor or Police Department may cause such weeds, grass or similar vegetation of such trees, shrubs or bushes to be removed, cut or trimmed, and the cost thereof, together with any penalty provided by law, shall be collected by lien or by action in assumpsit or any such other manner as may be provided by law.
B. In the event that, within the same calendar year,
the same owner or occupant is given notice of a second violation of
the provisions of this section, then the same provisions as set forth
in the foregoing subsection shall apply, except that such owner or
occupant shall be required to cut such weeds, grass or similar vegetation
or to trim such trees, bushes or shrubs so as to conform to the requirements
of this chapter within three days after the giving of such notice.
Nevertheless, if an owner or occupant within the same calendar year
is given written notice of a third violation of permitting bushes,
trees, shrubs or grass to grow contrary to the provisions of this
chapter, then such owner or occupant of any property shall be immediately
subject to the fines and penalties provided under this chapter, and
in addition thereto, the Mayor or Police Department may immediately
cause such weeds, grass or similar vegetation to be removed, with
the cost to be assessed and collected as set forth in the foregoing
subsection.
[Added 7-7-1987 by Ord. No. 169]
[Amended 11-15-1983 by Ord. No. 152]
Any person or persons, corporation, partnership
or other entity whatsoever violating any of the provisions of this
chapter shall, upon conviction, be sentenced to pay a fine not to
exceed the maximum fine of $300, plus costs of prosecution, and, in
default of payment of such costs and prosecution, be imprisoned for
a term not exceeding 30 days; provided, however, that if the Magisterial
District Judge determines that the defendant is without the financial
means to pay the fines and costs immediately or in a single remittance,
such defendant shall be permitted to pay the fines or costs in installments
and over such periods of time as the Magisterial District Judge deems
to be just. Each refusal or neglect to comply with the terms of this
chapter shall be considered a separate violation thereof, and notice
to the offender shall not be necessary in order to constitute an offense.