[HISTORY: Adopted by the Mayor and Council of the Borough
of Alpha 12-8-2009 by Ord. No. 09-10. Amendments noted where applicable.]
It shall be unlawful for any owner, lessee, agent or tenant
of lands in the Borough of Alpha to permit any growth of grass in
excess of eight inches in height or any growth of ragweed, poison
ivy, poison sumac and all other plant or vegetable growth that may
affect the health of residents.
A.
The Council Member in charge of health and welfare or designee or
the authorized representative is hereby authorized to notify the owner,
lessee, agent or tenant of any such lot or tract of land or any part
thereof to remove and abate the condition within 10 days after notice
has been given. This notice shall be served personally or by sending
a notice by registered mail, return receipt requested, or regular
mail to the last known address shown on the tax records of the Borough
of Alpha or delivered personally by posting the property or by any
combination thereof.
B.
In the event that the property is unoccupied, notice shall be sent
by registered mail, return receipt requested, to the last known address
as shown on the tax records of the Borough of Alpha or by posting
a notice on the lot in question.
In the event that the owner, lessee, agent or tenant fails to
comply with such notice, then the Council Member in charge of health
and welfare or designee or authorized representative or such labor
as may be employed for such purpose shall cut and remove such grass,
weeds, brush, dead or dying trees and all other plant or vegetable
growth. Such cost shall be computed at the rate of $100 per hour,
or fraction thereof, and shall constitute a valid lien against such
property and lands in the same manner as all other taxes and assessments.
A fine in an amount of no less than $100 and up to a maximum
of $1,000 may be levied upon any violating property owner, lessee,
agent or tenant of lands who is in violation of this article.
The imposition and collection of the fine provided in this article
shall not constitute any bar to the right of the Borough of Alpha
to collect the expenses as certified for the removal of weeds, etc.,
in the manner herein authorized.
The Council Member in charge of health and welfare, the Fire
Chief, the Chief of Police or any member of the Police Department,
Public Works Superintendent, Public Works Supervisor, Construction
Official, Building Inspector, Housing Inspector, Property Maintenance
Inspector, Health Officer or any other designee or authorized representative
shall be considered the proper officer(s) to investigate the above-described
hazards.
Any lands lying within the Borough of Alpha containing brush,
weeds, dead and dying trees, stumps, roots, obnoxious growth, filth,
garbage, trash and debris which is or may become a hazard to life,
health or general welfare or might tend to extend a conflagration
in the Borough of Alpha shall, as prescribed below, be cleared of
such matter by the owner, tenant or agent of said premises immediately.
If, after inspection by an authorized inspecting officer of
the Borough of Alpha, it is determined that any such condition of
lands is a hazard to life, health or general welfare or may tend to
extend a conflagration, the owner, tenant or agent thereof shall,
within 10 days after being notified by the Borough of Alpha, remove
such brush, weeds, dead and dying trees, stumps, roots, obnoxious
and dying growth, filth, garbage, trash and debris, or contest said
notice by written appeal to the Mayor of the Borough of Alpha.
The Council Member in charge of health and welfare, the Fire
Chief, the Chief of Police or any member of the Police Department,
Public Works Superintendent, Public Works Supervisor, Construction
Official, Building Inspector, Housing Inspector, Property Maintenance
Inspector, Health Officer or any designee or authorized representative
shall be considered the proper officers to investigate the above-described
hazards.
In the event that any owner, tenant or agent shall refuse to
comply with a notice from the Borough, within 10 days from the date
of said notice, and such brush, roots, weeds, dead and dying trees,
stumps, obnoxious growth, filth, garbage, trash and debris are removed
from said lands under the direction and at the expense and cost of
the Borough of Alpha, the proper officer shall certify the cost thereof
to the governing body, which cost shall be at least in the sum of
$100 per hour and which cost shall be incorporated in a certification
and, if found correct, shall be charged against said property and
lands; the amount so charged shall forthwith become a lien upon such
property and lands, the same to bear interest at the same rate as
taxes and shall be collected and enforced by the same officers and
in the same manner as taxes.
Any owner or owners, occupant or occupants, tenant or tenants
who shall neglect to cut and remove or otherwise destroy such brush,
weeds, dead or dying trees, stumps, roots, obnoxious growth, filth,
garbage, trash and debris as directed by this article shall, upon
conviction before the Municipal Court Judge, be subject for each offense
to a fine of no less than $100 and up to a maximum of $1,000 or imprisonment
for a term not exceeding 10 days, or to both such fine and imprisonment.
Such penalties shall be in addition to any charges imposed under the
section entitled "Cost of removal by Borough added to taxes.
