[Ord. 12/6/1955B, § 1]
No person, firm or corporation, owning or occupying any property
within the Borough or Phoenixville, 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.
[Ord. 12/6/1955B, § 2; as amended by Ord. 1328]
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 the § 10-301 above.
[Ord. 12/6/1955B, § 3; as amended by Ord. 6/7/1960A;
by Ord. 938, 9/17/1963, § 1; by Ord. 1025, 5/3/1966, § 1;
by Ord. 1328; and by Ord. 1717, 1/11/1994, § 3]
The Code Enforcement Department 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 the § 10-301 above, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation, so as to conform to the requirements of this Part, within five days after issuance of such notice. In addition to and in lieu of such personal notice, the Borough of Phoenixville may publish twice, during any month, a general notice ordering all owners or tenants of property within the Borough to remove, trim or cut all grass, weeds or other vegetation in accordance with the terms of this Part, no later than the 30th day of said month. Said notices shall be published at least 10 and not more than 20 days prior to the 30th day of said month, and shall otherwise conform to the requirements of legal notices as now by law provided. 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 any grass, weeds or vegetation, and the cost thereof, together with any additional penalty authorized by the law, may be collected by the Borough from such person, firm or corporation, in manner provided by law.
[Ord. 12/6/1955B, § 4; as amended by Ord. 938,
9/17/1963, § 2; by Ord. 1199, 12/10/1974, § 1;
by Ord. 1328; by Ord. 1607, 11/14/1989, § 4; and by A.O.]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense, the Borough being under no obligation to remove, trim or cut grass, weeds or other vegetation before or after conviction of any person firm or corporation for violating any provision of this Part as amended. Provided: penalty and costs may be imposed and collected under this Section in addition to the cost of removal, trimming or cutting of grass, weeds or other vegetation, charged and collected under the § 10-303 as amended.
