As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Includes, but not by way of limitation, any firm, person,
corporation and/or association.
WEEDS
Iincludes any and all vegetable growth which exhales unpleasant
and noxious odors, high and rank vegetable growth that may conceal
filthy deposits and/or similar vegetation not edible or planted for
some useful or ornamental purpose. Weeds shall be further defined
as all grasses, annual plants and vegetation. Cultivated flowers,
gardens, trees and shrubs shall not be included as a violation of
this chapter.
[Amended 8-9-2016, approved 8-9-2016]
[Amended 7-10-2007, approved 7-10-2007; 8-9-2016, approved 8-9-2016]
A. Effective
immediately, it shall be unlawful for any person owning, occupying,
leasing or having control or jurisdiction of any lands within the
Borough of Masontown to permit, suffer or allow any weeds to grow
on said lands or along the streets, lanes, alleys and/or sidewalks
abutting said lands in excess of eight inches in height.
B. Moreover,
it shall be unlawful to cut or discharge said weeds on to any streets,
lanes, alleys and/or sidewalks of the Borough of Masontown.
Upon written notice from the Mayor, every such person shall
cut such weeds within 10 days from the date of the mailing of said
notice to him, and if any such person shall fail or neglect to cut
such weeds, said Mayor may cut, or cause to be cut, such weeds and
remove, or cause to be removed, the same, and the cost of performing
such work, together with a penalty of 10% of the cost of such work
shall be paid by any such person within 10 days after notice of the
amount so due, and if not paid, the Borough is hereby empowered to
file a lien therefor against such lands in the name of and for use
of said Borough, as provided by law for municipal claims in addition
to other remedies available for collection of debts due said Borough.
[Amended 6-9-1987 by Ord. No. 1987-1, approved 6-9-1987]
Any person who fails or neglects to cut such weeds within 10
days from the date of the mailing of the notice to him requiring him
to cut such weeds shall, upon conviction thereof, be punishable by
a fine of not more than $300 and costs of such proceedings or, upon
default of payment of such fine and costs, by imprisonment in the
county jail for a term of not more than 30 days; provided, however,
that if the District Justice 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 District
Justice deems to be just.
This chapter is deemed necessary to promote the health and general
welfare of the residents of the Borough of Masontown.