[Ord. 91-02, 8/8/1991, § 1]
Franklin Township, a second class township located in Chester
County, Pennsylvania, exists as a township with agricultural uses
as well as residential uses. This Part is intended to apply to the
portions of the Township of Franklin not devoted to agricultural uses.
It is not intended to be applicable to land maintained in a natural
and undeveloped state such as woodland or wetland but is intended
to be applicable to the area of the Township devoted to residential
uses. This Part is for the protection of the public safety and health
by regulating the maintenance of residential properties to prevent
the accumulation of noxious plants, weeds and shrubs and to prevent
the accumulation of trash and debris in such areas.
[Ord. 91-02, 8/8/1991, § 2]
Any growth in vegetation more than 12 inches in height. Excess
growth by this definition does not include ornamental shrubs, foundation
plantings, hardwood or softwood trees or any agricultural products.
Excess growth shall also include any vegetation which impairs the
vision on public highways or which interferes with pedestrian traffic
on any sidewalk or public right-of-way for pedestrian traffic.
Any plant that is determined and known to be injurious to
public health, crops, livestock, agricultural land or other property.
Noxious weeds shall include, but are not limited to, those on the
state's Noxious Weed List in 3 Pa.C.S.A. § 15.19.
[Amended by A.O.]
The area of any approved subdivision where one or more certificates
of occupancy have been issued as well as any existing dwelling site
on a subdivided lot.
[Ord. 91-02, 8/8/1991, § 3]
All lots in residential areas shall be maintained in such a
manner that all excess vegetation and noxious vegetation shall be
removed.
[Ord. 91-02, 8/8/1991, § 4]
Upon the occurrence of any excess vegetation in residential
areas, the owner of the real estate and the occupier of the real estate
shall be notified by the person so authorized to enforce this Part
indicating the violation of this Part and further notifying the owner
and occupier of the property that such violation must be abated within
seven days of the notice. Notice in this instance shall be valid if
mailed by regular mail to the address of the owner given for real
estate tax purposes or by personal delivery to the occupant of the
site.
[Ord. 91-02, 8/8/1991, § 5; as amended by Ord.
2009-05, 8/19/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 and 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. 91-02, 8/8/1991, § 6; as amended by Ord.
2009-05, 8/19/2009]
Failure of the owner of the property or occupier of the property
to comply with this Part after the said seven-day notice shall authorize
the Township to enter upon the property and remove the excess growth
and noxious growth from the property and charge the property owner
or occupant of the property for the same. This cost of removal shall
be in excess of any fines imposed as stated herein and shall be collected
as provided by the Municipal Claims and Tax Liens Act, 53 P.S. § 7101
et seq.
