[HISTORY: Adopted by the Board of Supervisors of Fairview Township 10-22-2001 by Ord. No. 2001-4; amended in its entirety 7-23-2012 by Ord. No. 2012-1. Subsequent amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory.
BOARD OF SUPERVISORS
The Board of Supervisors of Fairview Township, Erie County, Pennsylvania.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law, having its principal frontage upon a street or officially approved place.
OWNER
A person owning, leasing, occupying or having charge of any premises within the Township.
PERSON
Any natural person, firm, partnership, association, corporation, company, club, copartnership, society or any organization of any kind.
STRUCTURE or BUILDING
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
TOWNSHIP
The Fairview Township, which is located within the confines of Erie County, Pennsylvania.
VEGETATION
Any grass, weed or vegetation whatsoever, which is not edible or planted for some useful, legal or ornamental purpose.
The following conduct, when permitted or maintained in the zoning districts set forth in § 139-3 of this chapter, shall constitute a nuisance subjecting the violator to enforcement action:
A. 
Permitting or maintaining the growth of any grass, weeds, noxious weeds, or any vegetation to conceal any rubbish, garbage, or trash; and
B. 
Permitting or maintaining the growth of any grass, weeds, noxious weeds or any vegetation to the extent that it exceeds six inches in height.
The provisions of § 139-2 above shall apply to privately owned or publicly owned lots in the following zoning districts:
A. 
R-1 Village: All lots must be maintained.
B. 
R-2 Suburban Single and R-3 Suburban Multi: minimum square footage of 20,000 square feet around the principal structure or building.
C. 
B-1 Neighborhood Business and B-2 Highway Commercial: All lots must be maintained.
D. 
I-1 Light Industrial, I-2 Industrial Park, and I-3 Heavy Industrial: lots with a minimum square footage of one acre to be maintained/mowed around the principal structure or building.
E. 
A-1 Rural and A-2 Agrarian: 20,000 square feet to be maintained/mowed around the principal structure or building.
F. 
R-2, R-3, I-1, I-2, I-3, A-1 and A-2: Vacant lots with no structures are not required to be maintained/mowed unless the Zoning Administrator has determined that a condition exists that is contrary to health, safety and welfare.
A. 
Whenever a condition constituting a nuisance, as defined in this chapter, is permitted or maintained, the Board of Supervisors or its designee shall cause written notice to be served upon the owner in one of the following manners. The Township is hereby authorized to give notice of the violation of the terms of this chapter:
(1) 
By making personal delivery of the notice to the owner; or
(2) 
By handing a copy of the notice at the residence of the owner to an adult member of the family with which he resides, but if no adult member of the family is found, or in the case of a nonresidential service, then to an adult person in charge of said residence or building; or
(3) 
By fixing a copy of the notice to the door at the entrance of the premises in violation; or
(4) 
By mailing copy of the notice to the last-known address of the owner by certified mail.
B. 
The notice to the owner of the premises shall direct the owner to remove, trim or cut the grass, weeds or vegetation so as to conform to the requirements and provisions of this chapter. The notice shall require the owner to comply with the provisions of this chapter within five days of the date of the notice. In the event that any person shall neglect, fail or refuse to comply with the provisions of this chapter within the time provided in the notice or shall thereafter permit any further violation of this chapter, the Township may, on its own or through its designated contractor, remove, trim or cut the grass, weeds or vegetation, and the cost thereof, together with any additional penalty authorized by law, may be collected by the Township from such person by the filing of a municipal lien or in any other manner as may be provided by law for the enforcement and collection of municipal claims. It is the intent of this chapter that only one notice of violation need be given to any person during the sixty-day period from the date of the first notice, and no additional notices shall be required before penalties for violation of the provisions of this chapter may be imposed.
Any violation of the provisions of this chapter shall constitute a criminal summary offense that shall be punishable by a fine not exceeding $600 and/or by incarceration in jail for a period not exceeding 90 days. Each and every day of the continuing offense shall constitute a separate offense.