[HISTORY: Adopted by the Borough Council of the Borough of Burgettstown 6-7-1993 by Ord. No. 1993-1 (Ch. X, Part 1, of the 1976 Code of Ordinances). Amendments noted where applicable.]
No person, firm or corporation owning or occupying any property within the Borough shall permit the following:
Live vegetation, generally. Any grass or weeds or any vegetation whatsoever, not cultivated for human consumption or planted for some useful or ornamental purpose, to grow or remain upon such premises so as to exceed a height of 10 inches or to throw off any unpleasant or noxious odor or to conceal a filthy deposit or create or produce pollen (which causes extreme illness to others) or to obstruct a pedestrian walkway or vehicle right-of-way.
Dead vegetation. Any dead trees or limbs, shrubs or vegetation which may harbor insect pests or, by decay, cause destruction to private or public property.
The owner(s) of any premises and the occupant(s) of premises occupied by other than the owner shall each be jointly and severally responsible to remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 186-1.
Whenever it shall be reported to the Code Enforcement Officer that any owner or occupant of real estate within the Borough has failed or neglected to comply with any of the terms of this chapter, and the Code Enforcement Officer has confirmed that a violation exists, the Code Enforcement Officer shall cause a written notice to be served upon the owner and occupant, directing such owner and occupant to comply with all the terms of this chapter within five calendar days of mailing. Said notice shall be in writing and may be given by ordinary mail addressed to the last known address of the owner, as noted on the Borough's tax assessment for the property, and to the occupant at the address for the property.
In the event of the failure of the owner or occupant of such real estate to cut and remove grass or weeds or to have the same cut and destroyed or remove rubbish and other debris within five days of mailing notice in accordance with § 186-3, the Borough of Burgettstown may have said weeds cut and destroyed and shall charge the costs of such work, plus an administrative fee of 15%, to the owner and occupant(s) of the real estate upon which it is performed. In the event the Borough shall retain its Solicitor to collect the above cost, the Solicitor’s fee, court costs and an administrative fee of 15% of the legal costs shall be added to the above cost.
The cost of mowing and removal, together with the administrative and Solicitor fees under § 186-4, may be entered by the Borough as a lien against the property upon which the work was performed or violation found in accordance with existing provisions of law.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a 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 Washington County.