[Ord. 3-70, 5/7/1970, § 1; as amended by Ord. 5-95,
6/8/1995, § 2]
For the purpose of this Part 1, the following terms shall have the meanings respectively ascribed to them in this Section:
Any individual, partnership, firm, corporation or entity
owning, leasing, occupying or possessing any real property within
the Township.
All vegetable growth, including, but not limited to, grass,
ragweed, dandelion and miscellaneous other vegetation, commonly referred
to or generally recognized as weeds or brush, which exhale or disseminate
unpleasant noxious odors, pollen or airborne seeds or spores, or which
conceal filthy deposits or serve as breeding places for mosquitoes
or other insects or vermin. For purposes of this Part, "weeds" shall
not include plants which are both generally recognized as agricultural
or ornamental plants and which are in fact being raised for agricultural
or ornamental purposes.
[Ord. 3-70, 5/7/1970, § 2; as amended by Ord. 5-95,
6/8/1995, § 2]
No person, firm or corporation owning, leasing or occupying
any property within Upper Macungie Township shall permit any grass
or weeds, as defined above, to grow or remain upon such premises so
as to exceed a height of 12 inches at any point within 100 feet of
a habitable dwelling or public road. Such weeds and vegetation are
hereby declared to be a nuisance and detrimental to the health, safety,
cleanliness and comfort of the inhabitants of Upper Macungie Township.
[Ord. 3-70, 5/7/1970, § 3; as amended by Ord. 5-95,
6/8/1995, § 2]
The Supervisors of the Township of Upper Macungie, or any officer,
agent or employee of the Township designated thereby for this purpose,
is hereby authorized to give notice by personal service or by United
States mail, to the person, owner, lessor or occupant or to the last
known address of the owner of record, as the case may be, of any premises
whereon grass, weeds or other vegetation is growing or remains in
violation of the provisions of this Part, directing and requiring
such person to remove, trim or cut such grass, weeds or vegetation
so as to conform to the requirements of this Part within eight days
of the issuance of such notice. Whenever, in the judgment of the Supervisors
or the designated enforcement officer of the Township, it shall appear
to be impracticable to give personal notice to the person, owner,
lessor or occupant as above provided because such person cannot be
readily ascertained or found, or because a search for the owner or
occupant would entail unreasonable delay or expense to the Township,
the Supervisors, enforcement officer or agent may give said notice
by conspicuously posting on the property where such nuisance exists
a notice or order directing and requiring that such nuisance be abated
pursuant to this Part within eight days of posting. In the event that,
after eight days from the issuance or posting of notice, the nuisance
has not been abated, the Township Supervisors or enforcement officer
may order the removal, trimming or cutting of such grass, weeds or
vegetation and the cost thereof, as determined by the Supervisors,
shall be collected, together with a penalty of 10% of said cost, by
the Township from such person, owner, lessor or occupant, in the manner
provided by law.
[Ord. 3-70, 5/7/1970, § 4; as amended by Ord. 12-86,
6/5/1986; and by Ord. 5-95, 6/8/1995, § 2]
It shall be the continuing responsibility of any person who
is the owner, lessor or occupant of any premises to remove, trim or
cut all grass, weeds or other vegetation growing or standing on any
property, to maintain such growth at a height of 12 inches or less
within 100 feet of any habitable dwelling or public road. Complaints
of violations of these provisions shall be made to the Township in
writing.
[Ord. 5-95, 6/8/1995, § 2; as amended by Ord. 3-97,
3/6/1997, § 3]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedures, shall
be sentenced to pay a fine of not more than $1,000, plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 5-95, 6/8/1995, § 2]
In the event that any sentence, clause or section of this Part
is for any reason found to be unconstitutional, illegal or invalid,
such defect shall nor affect or impair any of the remaining provisions
of this Part. It is hereby declared as the intent of the Township
of Upper Macungie that this Part would have been adopted had such
invalid clause, section or part thereof not been included.
[Ord. 5-95, 6/8/1995, § 2]
In addition to other penalties provided by this Part, the Township
may institute proceedings in courts of equity to require persons owning
or occupying real estate within the Township to comply with the provisions
of this Part.
[Ord. 5-95, 6/8/1995, § 2]
The cost of removal, fine and penalties hereinabove mentioned
may be entered by the Township in an action of assumpsit or as a lien
against such property in accordance with existing provisions of law.
