[Ord. 1205,[1] 9/3/2014]
It shall be the duty of all owners, occupants, possessors or
persons having charge of any land within the Borough (referred to
in this Part as “owners”) to cut and remove by carrying
away as refuse all noxious weeds as defined in § 202 on
or before May 15, June 15, August 1 and September 15 of every year.
[1]
Editor's Note: This ordinance superseded former Part 2, Weeds
and Noxious Vegetation, adopted 4/13/1966 by Ord. 687, as amended
[Ord. 1205, 9/3/2014]
For purposes of this Part, the term “noxious weeds”
shall include Canada thistle (circium arvense), dodders (any species
of cuscuta), mustards (charlock, black mustard and Indian mustard,
species of brassica or finapis), wild carrot (daucus carota), bindweed
(convolvulus arvensis), perennial sowthistle (sonchus arvensis), hoary
alyssum (berteroa incan), ragweed (ambrosia elatior 1.), poison ivy
(rhus toxicodendron), poison sumac (toxicodendron vernix), or other
plant or growth which is more than six inches in height on or before
the dates mentioned in § 201, and which growth or plants
have not been planted or maintained for some useful or ornamental
purpose. The mentioned weeds, growth, and vegetation are hereby declared
to be nuisances and detrimental to the health, safety, comfort and
welfare of the inhabitants of the Borough.
[Ord. 1205, 9/3/2014]
The growing or maintaining of any bamboo species, including
but not limited to bambusa, phyllostachys, and pseudosasa, including
common bamboo, golden bamboo and arrow bamboo, and other similar invasive
species (“bamboo”) in such a manner that the bamboo spreads,
invades, or grows on an adjoining or neighboring property is prohibited.
Any owner who has planted or maintains bamboo (“bamboo property
owner”) shall be required to take such measures that are reasonably
expected to prevent such bamboo from invading or growing onto adjoining
or neighboring properties without the permission of the adjoining
or neighboring property owner. Such measures shall include, but not
be limited to, installation of sheathing comprised of metal or other
material impenetrable by bamboo at sufficient depth within the property
line or lines where the running bamboo is planted or growing to prevent
the growth or encroachment of the bamboo upon adjoining or neighboring
property.
[Ord. 1205, 9/3/2014]
1.
In the
event that the owner of any premises mentioned in § 201
or a bamboo property owner fails to conform to the requirements of
those sections within the time specified, it shall be the duty of
the Manager to notify, in writing, the owner of any land on which
noxious weeds are found growing contrary to the terms of § 201
or the bamboo property owner of any land on which bamboo is found
growing contrary to the terms of § 203.
2.
The notice
shall be in the following form, as applicable:
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BOROUGH OF QUAKERTOWN
NOXIOUS WEED OR BAMBOO NOTICE
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To Owners, Occupants or Possessors of land known as:
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Notice is hereby given that noxious weeds are found growing
upon the above-described premises or bamboo on the above-described
premises is growing or encroaching upon adjoining or neighboring property,
in the Borough of Quakertown. These noxious weeds or bamboo shall
be cut down or removed in accordance with Ordinance 687, enacted the
13th day of April, A.D. 1966, within five days from the date of this
notice. In the event that you fail or refuse to comply with this notice,
the undersigned will enter upon your land and cut and remove these
weeds or bamboo. The expense incurred by the Borough of Quakertown
in the cutting and removal thereof will be collected against you either
by lien or other manner provided by law. A penalty for failure to
comply with this notice in the amount of 10% will be added to the
cost; additionally, failure to comply with this notice may subject
you to a fine and penalty as provided in the ordinance.
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Manager
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[Ord. 1205, 9/3/2014]
The notice referred to in § 204 shall be served personally
or by certified mail on the person responsible for cutting and removal
of the weeds referred to in §§ 201 and 202, or the
bamboo property owner referred to in § 203. If there is
no one in possession of the premises, and the address or whereabouts
of the owner is unknown, service of the notice shall be accomplished
by posting the most-public part of the premises with the notice stated
in the previous section for not less than five days. In the event
that those persons shall fail to conform with the provisions of this
Part within five days after service of the notice, it shall be the
duty of the Manager to cause all of the noxious weeds or the bamboo,
as applicable, to be cut down and removed. The Manager shall keep
an accurate account of expenses incurred in carrying out the provisions
of the notice with respect to each parcel of land entered upon for
the purpose and shall certify the accounts to Council for payment
out of general Borough funds.
[Ord. 1205, 9/3/2014]
It shall be the duty of the Manager to compile all costs incurred,
and to add to each account 10% of the total, and to forward a statement
of the account to the owner or bamboo property owner, as applicable,
responsible for the cutting and removal of the noxious weeds or bamboo.
Unless the bill is paid within 30 days from the date of its issue,
the Manager shall refer the bill to the Solicitor for collection by
action of assumpsit or by the filing of a municipal lien against the
premises on which the weeds or bamboo, as applicable, was cut and
removed, in the manner now or hereafter provided by law.
[Ord. 1205, 9/3/2014]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not less than
$5 and not exceeding $600 and costs and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 1205, 9/3/2014]
Whenever the requirements of this Part are in conflict with
other requirements of the Code, the most restrictive, or those imposing
the higher standards, shall govern.
[Ord. 1205, 9/3/2014]
The provisions of this Part are severable. If any section, clause,
sentence, part or provision hereof shall be held illegal, invalid
or unconstitutional by any court of competent jurisdiction, such decision
of the court shall not affect or impair any of the remaining sections,
clauses, sentences, parts or provisions of this Part. It is hereby
declared to be the intent of the Borough Council that this Part would
have been adopted if such illegal, invalid or unconstitutional section,
clause, sentence, part or provision had not been included herein.
