[Ord. 1990-7, 9/11/1990, § 1]
This Part shall be known as and may be cited as the "Manchester
Township Weed Control Ordinance."
[Ord. 1990-7, 9/11/1990, § 2]
1.
The Board of Supervisors of Manchester Township finds that the failure
to cut and mow grass and weeds in residential, commercial and industrial
areas of the Township creates a nuisance, is harmful to the health
and well-being of the residents of Manchester Township and is contrary
to the general welfare of the residents of the Township. Specifically,
the failure to mow the grass and cut weeds in said areas:
A.
Creates
a nuisance in that weeds are permitted to go to seed and spread onto
the lawns of neighbors.
B.
Creates a health hazard in that overgrown lawns and weeds contribute
to the amount and spread of pollen, affecting those who suffer from
allergies.
C.
Affects property values and appearances in nonagricultural areas.
D.
Creates danger of crime where unkept lawns may give rise to an assumption
that the premises are unoccupied.
E.
Creates dangers in regard to property maintenance and health where
tall grass and weeds near residences may hide garbage and debris which
attract rodents.
F.
Affects the public welfare by reflecting negatively on property maintenance,
the citizens and the Township.
[Ord. 1990-7, 9/11/1990, § 3]
No person, firm, partnership or corporation owning or having a present interest in (including rental) or occupying any real estate within the Township of Manchester shall permit any grass or weeds or vegetation whatsoever, not edible nor planted for some useful or ornamental purpose, to grow or remain on such premises, including any portion of the premises occupied by a street or alley, so as to exceed a height of 12 inches or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or to produce pollen unless exempted by the provisions of § 10-205 of this Part. All such vegetation is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township.
[Ord. 1990-7, 9/11/1990, § 4]
The owner of such premises, whether occupied by the owner or
not, and the occupant thereof in case of premises occupied by other
than the owner thereof, shall have the duty to remove, trim or cut
all such vegetation growing or remaining upon such premises in violation
of the provisions of this Part. Both the owner and the occupant in
the case of premise occupied by other than the owner shall be responsible
for the compliance with this Part.
[Ord. 1990-7, 9/11/1990, § 5]
1.
This Part shall not be enforced with respect to weeds, grass or similar
vegetation as heretofore defined when they are located in the following
areas:
A.
In the "A" Agricultural Zoning District as defined in the Manchester Township Zoning Ordinance [Chapter 27]; provided, however, that tract of two acres or less occupied by residential uses and all tracts occupied by commercial or industrial uses in the "A" zone are not excepted from the enforcement of this Part.
B.
On lands which are being actively used for farming operations.
C.
On lands included within the Manchester Township Agricultural Security
Area as created by Res. 1988-5.
D.
On forested lands.
[Ord. 1990-7, 9/11/1990, § 6]
The growth of grass or weeds above the height of 12 inches in Manchester Township, except as excepted in § 10-205 of this Part, is hereby declared to be a nuisance. Failure of the landowner or occupant to remove, trim or cut said grass or weeds after notice given in accordance with § 10-207 shall constitute a violation of this Part.
[Ord. 1990-7, 9/11/1990, § 7]
Wherever it shall be reported to, or observed by the Township,
that any owner or occupant of real property has failed to comply with
any of the terms of this Part, Manchester Township shall cause a written
notice to be served upon the owner or occupant or both directing the
owner or occupant or both to remove, trim or cut such grass or weeds
within five days. Such notice may be mailed by United States Mail,
first class, postage prepaid or by certified or registered mail, or,
if the property is occupied, by posting the notice at a conspicuous
place upon the affected property or said notice may be personally
hand to the owner or occupant.
[Ord. 1990-7, 9/11/1990, § 8; as amended by Ord.
1997-2, 3/11/1997, § 2; and by Ord. 2002-01, 1/7/2002]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rule of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1990-7, 9/11/1990, § 9]
In the event of the failure of the owner and/or occupant to mow the grass and cut or remove the grass or weeds within five days of the date of the notice specified in § 10-207 of this Part, Manchester Township may have the grass mowed and weeds cut and bill the owner for the cost thereof plus a penalty of 10%. These costs and penalties shall be in addition to any fines for violations. Penalties may be collected by summary proceedings or in the manner provided for the collection of municipal claims or by an action in assumpsit without the filing of a claim or by any other procedure authorized by law.
[Ord. 1990-7, 9/11/1990, § 10]
In addition to the fines for violation, costs and penalties
provided for by this Part, Manchester Township is hereby authorized
to institute proceedings, in courts of equity to require owners and/or
occupants of real estate to comply with the provisions of this Part.
[Ord. 1990-7, 9/11/1990, § 11]
The cost of removal, fine and penalties hereinabove mentioned
may be entered by the Township as a lien against such property in
accordance with existing provisions of law for the enforcement and
collection of municipal claims.
[Ord. 1990-7, 9/11/1990, § 12]
This Part is enacted as a property maintenance, health and public
safety ordinance.
[Ord. 1990-7, 9/11/1990, § 13]
The Board of Supervisors of Manchester Township may appoint
or designate an enforcement officer whose responsibility it shall
be to investigate, inspect and enforce all of the provisions of this
Part.
