[Ord. 635, 5/3/1982, § 1]
No person, firm, partnership or corporation owning, leasing,
occupying or having an interest in any real estate within the Borough
of Emmaus shall permit any grass, weeds or vegetation whatsoever,
not edible or 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, and also, including the sidewalk, curb
and gutter area of any street adjacent to the premises, so as to go
to seed, or to emit any unpleasant or noxious odor, or to offer concealment
to any filthy deposit, or to produce pollen, or to exceed a height
of six inches. All such vegetation is hereby declared to be a nuisance
and detrimental to the health, safety, cleanliness and comfort to
the inhabitants of the Borough of Emmaus.
[Ord. 635, 5/3/1982, §§ 2, 3]
1.
The owner of any 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 remove, trim or cut all such vegetation
growing or remaining upon such premises in violation of the provisions
of the first section of this Part. Both the owner and occupant in
the case of premises occupied by other than the owner, shall be responsible
for the compliance with this Part.
2.
Provided, however, that the following limitations shall apply with
reference to the enforcement of this Part: No such grass, weeds or
similar vegetation as heretofore defined shall come within the terms
of this Part if such grass, weeds, or vegetation shall be intermingled
with growing cultivated crops.
[Ord. 635, 5/3/1982, § 4]
In addition to the penalties as hereinafter imposed in this
Part, the Mayor, or any officer or employee of the Borough designated
thereby for the purpose, is hereby authorized to give written notice,
by personal service or by the United States Mail to the owner or the
occupant, or either of them, of a violation of the terms of this Part,
directing and requiring such occupant or owner or both of them to
remove, trim, spray, or cut such grass, weeds or vegetation, so as
to conform to the requirements of this Part, within five days after
issuance of such notice. If any such owner or occupant shall neglect
to comply with such notice within the period of time stated therein,
the Borough authorities may remove, spray, trim or cut such grass,
weeds, or vegetation so as to comply with the provisions of this Part,
and the reasonable cost thereof, plus an additional charge of 20%
of the cost, together with any additional penalty authorized by law,
may be collected by the Borough from such owner or occupant as a penalty
under the provisions of this Part, or in any other manner provided
by law. This right as herein vested in the Borough shall be in addition
to penalties prescribed by the provisions of this Part for the failure
of the owner or occupant as aforesaid to comply with the terms of
this Part.
[Ord. 635, 5/3/1982, § 5; as amended by Ord. 675,
11/17/1986]
Any person, firm or corporation who shall violate any provision
of this Part 3 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this Part 3 continues
shall constitute a separate offense.
