Borough of Emmaus, PA
Lehigh County
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[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]
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.
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.