[HISTORY: Adopted by the City Council of the City of DuBois 8-24-1970 by Ord. No.
1124; amended in its entirety 7-24-1995 by Ord. No.
1544 (Ch. 10, Part 2, of the 1995 Code). Subsequent
amendments noted where applicable.]
A.
No person, firm or corporation, owning or occupying any property
within the City of DuBois 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; nor shall any noxious weeds prohibited by the Noxious Weed
Control Law (3 P.S. § 255.8)[1] or by regulations of the Department of Agriculture be
permitted to grow within the City, including, but not limited to:
[Amended 5-8-2006 by Ord. No. 1702]
(1)
Cannabis sativa, commonly known as marijuana.
(2)
Cirsium arvense, commonly known as Canadian thistle.
(3)
Rosa multiflora, commonly known as multiflora rose.
(4)
Sorghum halepense, commonly known as Johnson grass.
(5)
Chicory, succory or blue daisy.
[1]
Editor's Note: The Noxious Weed Control Law was repealed by
Act No. 46 of 2017. See now the Controlled Plants and Noxious Weeds
Law, 3 Pa.C.S.A. § 1501 et seq.
B.
Any grass, weeds or other vegetation growing upon any premises in
the City 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 City.
The owner of any premises or the occupant of premises occupied by other than the owner shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 230-1.
The City Council, or any officer or employee of the City designated thereby for this purpose, is hereby authorized to give notice, by personal service or by 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 § 230-1 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 10 days after issuance of such notice. Whenever, in the judgment of the Codes Enforcement Officer, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the City Council or any officer or employee of the City designated thereby for that purpose may give notice by posting conspicuously on the property where such nuisance exists a notice or order directing and requiring that such nuisance be abated within 10 days. 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 City Council may order the removal, trimming or cutting of such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof, shall be collected by the City from such person, firm or corporation in the manner provided by law.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not less than $50 nor more than $600 plus costs and, in
default of payment, to undergo imprisonment for a term not to exceed
30 days. Each day that a violation of this chapter continues after
notice shall constitute a separate offense.
