[HISTORY: Adopted by the Borough Council of the Borough of
West Mifflin as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-2-1986 by Ord. No. 926 (Ch. 21, Part 1, of the
1999 Code of Ordinances)]
No person, firm or corporation owning or occupying any realty
within the Borough of West Mifflin shall permit any hedges, shrubs,
vegetation or obstructions to grow or remain upon his, her or its
land within the right-of-way of any street, highway, alley or thoroughfare
located within the Borough of West Mifflin, nor within five feet from
the berm or roadbed of any street, highway or alley.
The owner or occupant of any land within the rights-of-way of
any streets, highways, alleys or thoroughfares located within the
Borough of West Mifflin, or within five feet of any berm or roadbed
of any street, highway, alley or thoroughfare, shall trim, cut, dismantle
or remove or cause to be trimmed, cut, dismantled or removed all hedges,
shrubs, vegetation or obstructions growing upon or remaining upon
such right-of-way or within five feet of the berm or roadbed.
Any hedge, shrub, vegetation or obstruction situate parallel
to the right-of-way of a street, highway, alley or thoroughfare within
the Borough of West Mifflin and situate five feet to eight feet from
any berm or roadbed must not exceed 48 inches in height; provided,
however, if such hedges, shrubs, vegetation or obstructions prevent
a free and unobstructed view at or near the intersection of any two
streets, highways, alleys or thoroughfares or on any curve on any
street, highway, alley or thoroughfare or impede the safe travel of
pedestrians along said street, highway, alley or thoroughfare, they
shall not be allowed, regardless of compliance with the height restrictions
heretofore set forth.
Any hedge, shrub, vegetation or obstruction located upon or
parallel to the right-of-way of a street, highway, alley or thoroughfare,
or from five feet of the berm or roadbed which is located within 15
feet of the edge of any two or more streets, highways, alleys, or
thoroughfares, which exceeds 48 inches in height shall be deemed to
prevent a free and unobstructed view at or near the intersection of
such street, highway, alley or thoroughfare.
A.
This article shall not apply to the screening requirements for commercial and industrial districts as provided for in § 290-31B of Chapter 290, Zoning, as amended; provided, however, if, after a period of growth, it becomes evident to the Ordinance Officer or the proper Borough officials that a part or all of the screening has reached a state of growth or density that presents a danger to the safe travel of motorists or pedestrians, then this article shall apply to the extent necessary to remove said danger to safe travel.
B.
This article shall not apply to utility poles, guard rails, medial
strips, directional signs or lights, street designation signs, or
other similar objects placed along the roadbed by the Borough of West
Mifflin or with the approval of the Borough of West Mifflin.
The Ordinance Officer, or any other employee of the Borough
designated thereby for the purpose, is hereby authorized to give notice,
by personal service or by certified United States mail, to the owner
or occupant, as the case may be, of any premises whereon hedges, shrubs,
vegetation or an obstruction is growing or remaining in violation
of the provisions of this article, directing and requiring such owner
or occupant to trim, cut or dismantle and remove such hedges, shrubs,
vegetation or obstruction, so as to conform to the requirements of
this article within five days after issuance of such notice. In case
any person, firm or corporation shall neglect, fail or refuse to comply
with such notice within the period of time stated therein, the Borough
employee may trim, cut or dismantle and remove such hedges, shrubs,
vegetation or obstructions, and the cost thereof, together with any
penalty authorized by the law, may be collected by the Borough from
such person, firm or corporation, in the manner provided by law, either
through suit in assumpsit, trespass, equity or by lien upon the realty.
[Amended 3-16-1999 by Ord. No. 1094]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600, plus costs, and, in default of payment
of such fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate violation.
[Adopted 4-17-2007 by Ord. No. 1146]
From and after the passage of this article, no agent(s), owner(s),
tenant(s) or occupant(s) of any land in the Borough of West Mifflin
shall permit:
A.
The growth in excess of six inches, between May 1 and October 1 of
each year, of any ragweed or other species of noxious weed, plant
or growth which is a hazard that constitutes a public nuisance; or
B.
The growth in excess of 10 inches, between May 1 and October 1 of
each year, of any grass or non-noxious weeds.
Should the Ordinance Officer determine that there exists a particular and imminent danger to the public health by reason of the approaching period of pollination of ragweed or other species of noxious weed, plant or growth, which is an imminent hazard that constitutes a public nuisance on any land wherever found in the Borough, he shall give notice in writing to the agent(s), owner(s), tenant(s) or occupant(s) of any land on which ragweed or other noxious weed, plant or growth herein provided to be a nuisance is found, to destroy such weeds, plants or growth and abate the same within five days. If such agent(s), owner(s), tenant(s) or occupant(s) neglects or refuses to comply with the requirements of such notice within the time specified, the Ordinance Officer shall proceed at once, upon the expiration of time specified in such notice, to destroy such weeds, plants or growths and to abate the nuisance. Additionally, the Ordinance Officer shall issue a citation to the party ignoring the written notice pursuant to § 90-11 of this article.
Whenever the agent(s), owner(s), tenant(s) or occupant(s) of any land on which such ragweed or other species of noxious weed, plant or growth which is an imminent hazard that constitutes a public nuisance as herein provided exists is unknown or cannot be found, the Ordinance Officer shall give notice of the order to destroy and dispose of such weeds, plants or growth and to abate the same by posting a copy of such order conspicuously on the property wherein a nuisance exists. If such order is not complied with within five days after posting, the Ordinance Officer shall enter upon the property, destroy and dispose of such weeds, plants and growth and abate the nuisance and shall certify the cost thereof to the Solicitor, who shall file in the name of the Borough of West Mifflin a municipal claim therefor, as provided by law. Additionally, the Ordinance Officer shall issue a citation to the party ignoring the written notice pursuant to § 90-11 of this article.
Any person who shall violate or fail, neglect or refuse to comply
with any provision of this article shall be guilty of a violation
of this article and, for every such violation, upon conviction thereof,
shall be sentenced to pay a fine of not more than $1,000, together
with costs of prosecution, and, in default of payment of the fine
and costs, shall undergo imprisonment for a period not to exceed 30
days. Each day that a violation is permitted to exist shall constitute
a separate offense.
