[HISTORY: Adopted by the Board of Supervisors of the Township
of Shirley as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-30-2011 by Ord. No. 2011-3]
It shall be unlawful for any person, firm or corporation owning
or occupying any property within the Township of Shirley to permit
any weeds, grass or plants, other than trees, bushes, flowers, or
other ornamental plants, to grow to a height exceeding eight inches
upon such property in the Township of Shirley. Any such plants or
weeds exceeding such height are hereby declared to be a nuisance and
detrimental to the health, safety and general welfare of the community.
A.
Exempted from the provisions of this article are portions of lands
lawfully used for agriculture, flower gardens, plots of shrubbery,
vegetable gardens and grain plots. An exemption under the terms of
this section cannot be claimed unless the land has been cultivated
and cared for in a manner appropriate to such exempt categories.
B.
This article shall not apply to lands enrolled in the United States
Department of Agriculture Conservation Reserve Program or similar
government programs, if the enforcement of this article would conflict
with that program's application to a specific parcel.
C.
Whenever the Shirley Township Board shall deem it necessary for the
public health and welfare, it may require the owners and occupants
of lots to mow the weeds and grasses thereon within such time as the
Board shall by resolution prescribe the expense thereof to be paid
by such owner or occupant.
It shall be the duty of the Board of Supervisors, upon receipt of citizen complaint of a violation of § 180-1, to serve a notice, either by personal service or by United States mail, to the owner or occupant of any premises on which plants or weeds are permitted to grow in violation of the provisions of this article and to demand the abatement of the nuisance, and compliance with the provisions of this article, within 10 days from the service of the notice.
If the person, firm or corporation so served does not abate
the nuisance within 10 days, the Township authorities may proceed
to abate such nuisance, and the cost thereof, together with any additional
penalty authorized by law, may be collected by the Township from such
person, firm or corporation in the manner provided by law.
A.
Any person, firm or corporation who shall violate any of the provisions
of this article, or who shall knowingly or willfully fail to comply
therewith, shall, upon conviction thereof before any District Magistrate
having jurisdiction, be sentenced to pay a fine of not less than $150
nor more than $250, together with costs of prosecution, and in default
of payment of such fine and costs, shall be imprisoned in the county
jail for not more than five days. Such fine and costs may be in addition
to the costs and expenses where abatement of the nuisance is done
by the Township authorities.
B.
Each day during which the violation continues shall be deemed a separate
offence.
