Borough of Lewistown, PA Chapter 131 Grass, Brush and Weeds

[HISTORY: Adopted by the Borough Council of the Borough of Lewistown 9-22-1972 by Ord. No. 1972-46; amended in its entirety 3-24-1986 by Ord. No. 86-2 (Ch. 10, Part 1, of the 1986 Code). Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Building codes — See Ch. 110.

§ 131-1 Use and interpretation of certain words and terms; definitions.

A. When not inconsistent with the context of this chapter, words and terms used in the present tense include the future tense; words and terms used in the plural number include the singular number and the converse; and the masculine gender includes the feminine gender and the neuter gender.

B. Where the term "base cost to the Borough of the corrective work," or a term of similar import, is used in this chapter, the term shall mean:[1]

(1) If the corrective work is done by the Borough work force, the actual cost to the Borough of the equipment, materials and labor involved in the work done by the Borough plus the ten-percent penalty authorized by § 1202(4) of the Borough Code[2] for the removal of a nuisance;

[2] Editor's Note: See 8 Pa.C.S.A. § 1202(4).

(2) If the corrective work is done for the Borough by an independent contractor retained by the Borough, the contract price paid by the Borough to the contractor plus the ten-percent penalty authorized by § 1202(4) of the Borough Code for the removal of a nuisance.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Where a word or term is not defined by § 131-1D below or by another section in this chapter, the word or term shall have attributed to it its ordinarily accepted meaning or such as the context may require or imply.

D. Unless otherwise expressly stated, or unless the context clearly requires a different meaning, the following words and terms, when used in this chapter, shall have the meanings next ascribed to them.

BOROUGH

The Borough of Lewistown acting through the Borough Manager, a Department officer in the Building Code, Property Codes and Zoning Code Department, a Bureau officer in the Fire Prevention Bureau, a Borough police officer, or that employee of the Borough appointed by the Borough Manager to enforce this chapter.

DISEASED VEGETATION

Any plant, shrub or tree so afflicted with a disease, or so infested with insects or with an animal parasite or plant parasite, that the condition or the effect of the condition threatens to damage or destroy plants, shrubs, trees or other property of neighbors or the public or threatens the health or safety of persons. The term "diseased vegetation" means and includes, but is not limited to, such conditions as Dutch elm disease, gypsy moth infestation, Japanese beetle infestation, infestation by wood borers, and the like.

HARMFUL VEGETATION

(1) Any vegetation:

(a) Which is not edible and which has no garden, landscape or ornamental value or purpose, and which if left uncontrolled could create a fire hazard or substantially increase the risk of fire or the spread of fire; or

(b) Which at some point in its growth emits or produces fumes, odors, juices, pollen, dust, seeds, roots, branches or stringers known to be physically discomforting or to be harmful or dangerous to persons or property.

(2) The term "harmful vegetation" means and includes, but is not limited to, poison ivy, poison oak, ragweed, goldenrod, Canadian thistle, multiflora rose, and the like.

PERSON

Any individual, partnership, firm, association, organization, corporation, government agency, municipal authority, or other entity.

OWNER OF A PROPERTY (or a term of similar import)

Any person who, whether alone or jointly or severally with others:

(1) Actually owns a lot or parcel of real estate (that is, has legal title to, or a vested or equitable interest in, the real estate, with or without actual or accompanying possession thereof); or

(2) Has charge, care or control of the real estate as agent, attorney, manager, operator, receiver, trustee or the like for the owner or as agent, manager, personal representative, trustee or the like for the estate of the owner.

§ 131-2 Duties and responsibilities of owner and occupant of property.

A. In the case of a boardinghouse or rooming house, apartment house, conversion apartment house, multifamily house, mixed occupancy dwelling, hotel, tourist home, tourist cabin court, motel, trailer camp, trailer court or mobile home park (as those words and terms are defined by Chapter 240, Zoning) or, in the case of a property which is unoccupied or is vacant land, it shall be the duty and responsibility of the owner of the property; and

B. In all other cases, it shall be the duty and responsibility of both the owner of the property and the occupant of the property:

(1) To keep the grass on the property so cut that the grass at no time exceeds six inches in height;

(2) To keep the property free of harmful vegetation or keep harmful vegetation so cut that the vegetation at no time exceeds six inches in height; and

(3) To keep the property free of diseased vegetation or control the condition by pruning and spraying or cut and remove diseased vegetation.

§ 131-3 Notice of condition and order to correct.

A. Whenever the Borough determines that a condition exists which is in violation of § 131-2, the Borough shall give a written notice of that fact to the owner of the property where the condition exists or to both the owner of the property and the occupant of the property and, shall include in that notice: a) a description sufficient to identify the condition and the place where the condition is located; b) an order that the owner of the property or the owner and the occupant of the property take such action, within such time, to correct the condition as is deemed necessary by the Borough under the circumstances; and c) a warning substantially to the effect that, if the condition is not corrected within the time fixed in the order, the failure to correct the condition could result in the imposition of a fine and court costs and, in addition, could result in the condition being deemed by the Borough to constitute a public nuisance and, therefore, abatable as such by the Borough at the cost and expense of the owner of the property.

B. In any case where a notice and order is given to the occupant of a property, a counterpart of that same notice and order shall be given to the owner of the property, and the owner as well as the occupant shall be responsible for carrying out or complying with the order in the notice.

C. The procedures for the service of a notice and order under this § 131-3 shall be those prescribed by § 110-9 of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes, of the Code of the Borough of Lewistown.

§ 131-4 Correction by Borough of the condition.

A. If the condition referred to in a notice and order under § 131-3A is not corrected within the time fixed in the order, the condition shall be deemed by the Borough to constitute a public nuisance, and the Borough Manager may direct that the Borough work force (or an independent contractor retained by the Borough) correct the nuisance.

B. The owner of the property shall be charged for the corrective work done by or for the Borough, and the charge shall be the base cost to the Borough of the corrective work.

§ 131-5 Billing of charges; time of payment of bills; penalty for delinquency; remedies.

[Amended 12-8-2014 by Ord. No. 2014-15; 3-12-2018 by Ord. No. 2018-2]

A. Any charge imposed by the Borough upon the owner of a property under the provisions of § 131-4 shall be billed by the Borough within 60 days after the charge was incurred.

B. A bill rendered by the Borough shall be payable at face within 30 days after the date the bill is mailed. If the bill is not paid in full within the 30 days, it shall be delinquent and a penalty of 10% of the face amount of the bill shall be added to the amount unpaid.

C. If a bill, together with the penalty for delinquency, is not paid in full within 35 days after the bill becomes delinquent, the Borough may collect the delinquent bill, together with the penalty for delinquency, by instituting an action in assumpsit or by, filing a municipal claim as a municipal lien. [See § 1202(4) of the Borough Code[1] and Section 4 of the Municipal Claims and Liens Act, 53 P.S. § 7107.]

[1] Editor's Note: See 8 Pa.C.S.A. § 1202(4).

§ 131-6 Violations and penalties.

A. Any person who fails to carry out or comply with a notice and order of the Borough shall, upon conviction of the offense, be sentenced to pay a fine of not less than $300 nor more than $1,000 plus the amount of any unpaid violation tickets issued pursuant to the Code of Ordinances of the Borough of Lewistown, Chapter 110, Codes, Article I, Building, Plumbing, Electrical and Property Maintenance Codes, § 110-8, Notices and orders, Subsection G, Violation tickets, and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than 10 days. For the purposes of the imposition of the fine and costs prescribed by this Subsection A, the word "person," when applied to partnerships, firms or associations, shall mean the partners or members thereof; when applied to organizations or corporations, the officers thereof; and when applied to other entities, the officers, officials or other individuals responsible for managing the business or affairs of the entity.

[Amended 7-9-2018 by Ord. No. 2018-3; 12-27-2022 by Ord. No. 2022-7]

B. Each day that a notice and order of the Borough is not complied with shall be deemed to constitute a new or separate offense under Subsection A of this section and subject in all respects to the same penalty as is provided in Subsection A, and a separate prosecution may be instituted and a separate fine imposed for each offense committed after the first offense.

C. The imposition of a penalty under this section shall not preclude the Borough from instituting an appropriate action or proceeding to prevent, restrain, correct or abate a condition which is in violation of § 131-2 or any act, conduct, use or condition which violates the provisions of § 131-2.