[HISTORY: Adopted by the Board of Supervisors of the Township
of Towamencin 1-3-1972 by Ord. No. 72-2. Amendments noted where
applicable.]
Any weed such as jimson, burdock, ragweed, thistle, cocklebur
or other weeds of a like kind, found growing in any lot or tract of
land in Towamencin Township, is hereby declared to be a nuisance,
and it shall be unlawful to permit any such weeds to grow or remain
in any such place.
[Amended 12-17-2003 by Ord. No. 03-08]
It shall be unlawful for anyone to permit any weeds, grass or
plants other than trees, bushes, flowers, crops or other ornamental
plants to grow to a height exceeding 12 inches within 100 feet of
any property line or right-of-way within Towamencin Township; any
such plants or weeds exceeding such height are hereby declared to
be a nuisance. This shall not apply to riparian corridor buffers,
wetlands, woodlands, floodplains, steep slopes, detention or retention
basins, and open space deemed a meadow by the Township.
It shall be a nuisance and unlawful to plant or permit the growth
of the bush of the species of tall, common or European barberry, further
known as Berberis vulgaris, or its horticultural varieties within
the Township of Towamencin.
It shall be the duty of all owners of property within Towamencin
Township to cut all such weeds, grass or plants other than trees,
bushes, flowers or other ornamental plants with such frequency as
to prevent the same from growing to a height exceeding 12 inches or
at least once each year, whichever shall be more frequent.
The Township Manager and/or the Township Zoning Officer and/or
the Chief of Police shall have the right and power to serve or cause
to be served a notice upon the owner or occupant of any premises on
which weeds or plants are permitted to grow in violation of the provisions
of this chapter and to demand the abatement of the nuisance within
10 days.
If the person so served does not abate the nuisance within 10
days, the Township Manager may proceed to cause such nuisance to be
abated, keeping an account of the expense of the abatement, and such
expense shall be charged and paid by such owner or occupant.
A.
Charges for such weed removal shall be a lien upon the premises.
Whenever a bill for such charges remains unpaid for 60 days after
it has been rendered, the Solicitor may file with the Prothonotary
in the Court of Common Pleas of Montgomery County a statement of municipal
claim for lien under and by virtue of the Acts of the Commonwealth
of Pennsylvania relating to the filing of municipal claims and liens,
their supplements and amendments. This municipal claim shall contain
a short description of the premises and a deed book and page reference
to a deed wherein a more precise description may be found, the expenses
and costs incurred and the date the weeds were cut and a notice that
the Township claims a lien for this amount.
B.
The Solicitor is hereby authorized and directed to institute such
proceedings, in the name of the Township, in any court having jurisdiction
over such matter, against any property if such bill has remained unpaid
60 days after it has been rendered.
[Amended 12-28-1988 by Ord. No. 88-15]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punishable for each offense by a fine
of not more than $300 and costs of prosecution or, upon default in
payment of the fine and costs, by imprisonment in the Montgomery County
Prison for not more than 30 days. A separate offense shall be deemed
to be committed on each day during or on which a violation occurs
or continues, and any repetition of a violation shall be deemed a
new offense.
