This chapter is passed for the protection of the health, property,
safety and welfare of the Borough of Auburn.
As used in this chapter, the following terms shall have the
meanings indicated:
NOXIOUS WEEDS
Burdock, chicory, crab grass, garlic or wild onion, golden
rod, horse nettle, milkweed, morning glory, mullen, perennial thistle
(including Canada, Russian, sow, bull, and other thistles), poison
ivy, quack grass, ragweed, sumac, wild carrot, wild lettuce, wild
mustard, wild parsnip, and wild snap-dragon and all other weeds and
growths not herein specifically mentioned.
PERSONS
Individual, corporation, partnership, association, or any
agent, assistant, employee, servant, or representative thereof.
From and after the effective date of this chapter it shall be
the duty of every person who shall hold title in any capacity to,
or have possession of, or be responsible for the management or upkeep
of, any land or lot of ground upon which any noxious weeds as herein
defined may be growing to cut or destroy the same, and also to prevent
such weeds from flowering, or going to seed, and the seed from the
same from ripening.
It shall be unlawful for any person to fail, neglect or refuse
to cut or destroy noxious weeds as herein defined or to prevent such
weeds from flowering or going to seed.
The Mayor is hereby charged with the duties of enforcing the
provisions of this chapter. All persons shall, within seven days after
notice so to do from the Mayor, cut or destroy and remove said noxious
weeds from any land or lot of ground upon which said weeds as herein
defined may be growing.
[Amended 12-8-1993 by Ord. No. 12/8/1993]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in equity in the Court of Common Pleas of
Schuylkill County.
In addition to the penalty aforesaid, the Mayor is hereby empowered,
where such persons shall fail to cut or destroy and remove such weeds
after seven days' notice so to do, to have such weeds cut or destroyed
and removed from any land or lot of ground on which said weeds may
be growing, and shall certify the costs thereof to the Borough Solicitor,
the cost of such work to be a lien upon such premises from the time
of the cutting of said weeds, which date shall be determined by the
certificate of the person or persons doing the work, filed with the
Borough Secretary.