[HISTORY: Adopted by the Municipal Council
of the Municipality of Norristown 4-1-2014 by Ord. No. 14-03.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Tree rules and regulations — See Ch. 82.
Property maintenance — See Ch. 239.
Rodent control — See Ch. 247.
Trees — See Ch. 295.
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 315, Weeds, adopted 7-5-2005 by Ord.
No. 05-13, as amended.
The growth or accumulation of tall grasses or weeds, as defined
hereinbelow, on any premises is unlawful.
Any employee of the Municipality is designated as the administrative
officer to enforce this chapter, and he or she is hereby authorized
and empowered to immediately issue a ticket, in writing, to any person
or entity who is the owner, occupier or agent for the owner of any
such lot, place or area within the Municipality of Norristown where
tall grass or weeds are found growing, lying or located on such property
or upon the sidewalk abutting the same.
A.
Upon the failure, neglect or refusal of any person or entity, being
the owner, occupier or agent for the owner, so issued a ticket and
notified to cut, destroy and/or remove the tall grass or weeds growing,
lying or located upon such property or upon the sidewalks abutting
the same within seven days of the issuance of the ticket, the Municipality
or a qualified third-party contractor engaged by the Municipality
is hereby authorized and empowered to immediately enter on the property
and cut, mow or remove such tall grass or weeds.
B.
When the removal of tall grass or weeds has been accomplished by
the employee or designee of the Municipality or municipal contractor
as provided, the actual cost thereof, plus interest at the rate of
10% per annum from the date of the completion of the work, shall be
charged to and paid by the person who is the owner, occupier or agent
for the owner of such property.
C.
The cost of removal as provided may be collected from the person
who is the owner of the property from which the tall grass or weeds
have been removed, by action in assumpsit.
D.
The cost of removal as provided shall also constitute a lien upon
the real property from which the tall grass or weeds have been removed
and shall be recoverable by the Municipality as municipal liens and
claims are by law recoverable.
Any person or entity violating any provision of this chapter
shall be subject to the following procedure:
A.
The municipal official shall issue a written ticket to the owner
of the property which shall provide for a penalty of $20. If this
penalty is paid within seven days of its issue and the condition that
warranted the ticket is abated, then the violation is discharged.
This penalty may be adjusted from time to time by resolution of the
Municipal Council.
B.
If the violator does not pay the penalty of $20 or does not abate the condition that warranted the issuance of the ticket as provided for in this chapter, then the Municipality shall cause a non-traffic citation to be issued for the violation of this chapter. The Municipality may also cause the condition to be abated in accordance with § 315-3 of this chapter.
C.
The non-traffic citation shall be forwarded to and adjudicated by
a Magisterial District Judge of the Municipality. If found guilty
of the violation, the violator shall be sentenced to a fine of no
less than $300 nor more than $1,000, plus costs of prosecution and
reasonable attorneys' fees.
D.
Each day that a violation of this chapter continues shall constitute
a separate offense. In default of payment of said fine, costs and
fees, the violator may be imprisoned in the county jail for a term
of not more than 30 days.
As used in this chapter, the following terms shall have the
meanings indicated:
Any uncontrolled, uncultivated plant growth in excess of
eight inches in height; a plant, grass or weed considered invasive,
undesirable or troublesome, especially one growing where it is not
wanted.
