[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Merion 2-18-1976 by Ord. No. 1759. Amendments noted where
applicable.]
[Amended 5-18-2016 by Ord. No. 4083; 3-20-2019 by Ord. No. 4161]
A.
By
reason of the danger they pose to public health, safety, or the ecology
of the Township, the following plants or conditions are hereby declared
to be nuisances:
(1)
Any plant that encroaches onto a roadway or sidewalk to an extent
that it obstructs the vision of pedestrians or motorists, constitutes
a tripping hazard for pedestrians, or otherwise interferes with safe
travel by pedestrians or motor vehicles.
(2)
Any weed or plant designated as noxious in the noxious weed list
set forth in the Act of Oct. 30, 2017, P.L. 774, No. 46, 3 Pa. C.
S. § 1519, as it may be amended from time to time by the
Commonwealth's Controlled Plant and Noxious Weed Committee, Carduus
nutans, commonly known as "musk thistle"; Cirsium arvense, commonly
known as "Canadian thistle"; Cirsium vulgare, commonly known as "bull
thistle"; Datura stramonium, commonly known as "jimson weed"; Galega
officinalis, commonly known as "goat's rue"; Heracleum mantegazzianum,
commonly known as "giant hogweed"; Lythrum salicaria, commonly known
as "Purple loosestrife"; Persicaria perfoliata, commonly known as
"mile-a-minute"; Puerria DC, commonly known as "kudzu"; Rose multiflora,
commonly known as "multiflora rose"; Sorghum bicolor Moench ssp. drummondii,
commonly known as "shattercane"; and Sorghum halepense, commonly known
as "Johnson grass."
(3)
Bamboo, meaning any monopodial (running), tropical or semitropical
grass from the genus Bambusa, including but not limited to Bambusa,
Phyllostachys, and Pseudosasa; including Bambusa vulgaris, commonly
known as "common bamboo"; Phyllostachy aurea, commonly known as "golden
bamboo"; and Pseudosasa japonica, commonly known as "arrow bamboo."
(4)
Aegeopodium podograria, commonly known as "goutweed"; Ampelopsis
brevipedunculata, commonly known as "porcelain berry"; Microstegium
vimineum, commonly known as "Japanese stiltgrass"; Polygonum cuspidatu,
commonly known as "Japanese knotweed"; Celastrus Orbiculatus, commonly
known as "Oriental Bittersweet"; Hedera Helix L., commonly known as
"English ivy"; Humulus Japonicus, commonly known as "Japanese Hops";
Wisteria sinensis, commonly known as "Chinese Wisteria"; and Rubus
phoenicolasius, commonly known as "wineberry."
(5)
Toxicodendron pubescens, commonly known as "Atlantic poison oak";
Toxicodendron radicans, commonly known as "eastern poison ivy"; and
Toxicodendron vernix, commonly known as "poison sumac."
(6)
Other noxious, toxic or allergenic weeds of like kind or, if offensive,
any vines, tall grass or other vegetation exceeding 12 inches in height.
B.
Prohibited
Acts.
(1)
It is hereby declared to be unlawful for any landowner or occupant
to propagate, allow to grow, or maintain on land within the Township
any plant declared by this chapter to be a nuisance.
(2)
Qualified bamboo exemption. Although bamboo is declared to be a nuisance
plant and growing or allowing it to grow on land within the Township
is prohibited, bamboo that was propagated or allowed to grow before
May 18, 2016, is exempt from the prohibition and may remain on the
land. This exemption does not apply to any bamboo that migrates or
falls onto any land owned or held by the Township, public or private
right-of-way or which is within 20 feet of the property line of an
adjoining property.
[Amended 4-3-2024 by Ord. No. 4288]
[Amended 9-21-1994 by Ord. No. 3369; 1-19-2002 by Ord. No. 3629; 5-18-2016 by Ord. No. 4083; 3-20-2019 by Ord. No. 4161; 3-17-2021 by Ord. No. 4209; 4-3-2024 by Ord. No. 4288]
A.
The Township is hereby authorized to issue a notice of violation
to any property owner upon finding that a nuisance plant is growing
on a property, or has migrated onto any land owned or held by the
Township, or public right-of-way, in violation of this chapter. Such
notice shall be served by regular mail, with proof of mailing, or
hand delivery, or if service cannot be effected by either means, by
posting the notice in a conspicuous manner on the property. The notice
shall require the property owner, within 30 days of the date of the
notice, to remove the nuisance plant from the owner's property(ies),
or public right-of-way specified in the notice, and shall set forth
the penalties for a failure to abate, including payment of the costs
incurred by the Township in removing the nuisance from public property
or public right-of-way.
B.
A property owner may appeal a notice of violation by letter setting forth only a defense listed in § 59-2C below and sent within 14 days of receipt or posting of the notice of violation to the Director of Building and Planning. The appeal shall be heard by the Building and Planning Committee of the Board of Commissioners or by an appointed hearing officer.
C.
The following shall be a valid and complete defense to a notice of
violation:
(1)
The bamboo was growing on the property prior to May 18, 2016, and
is not within 20 feet of the property line of an adjoining property
or a public or private right-of-way; or
(2)
The property owner has previously taken adequate steps to remove
the encroaching bamboo and to prevent its future migration.
D.
If bamboo growing on a property prior to May 18, 2016, encroaches
within 20 feet of the property line of an adjoining property or a
public or private right-of-way, the property owner is hereby required
to remove the bamboo and to install an impenetrable barrier on the
owner's property to prevent further encroachment as follows:
(1)
The barrier shall be made of masonry, metal, or high-density, eighty-mil-thick
polyethylene to a depth of 30 inches below grade and two to three
inches above grade to prevent the encroachment from recurring. The
barrier shall be placed at least 20 feet from the property boundary.
(2)
If the Director of Building and Planning or his/her designee determines
that removal of bamboo or placement of the required barrier is impractical,
not feasible or would unreasonably disturb natural features, he/she
is authorized to impose modified requirements so that the goal of
preventing bamboo migration can most effectively be prevented.
(3)
The failure to remove the bamboo and the failure to install an impenetrable
barrier shall constitute separate violations.
E.
(Reserved)
F.
The appeal of a notice of violation shall toll the running of the
thirty-day period for abating a violation until the date of a final
decision.
[Amended 9-21-1994 by Ord. No. 3369; 1-19-2002 by Ord. No. 3629]
In the event that the owner or occupant shall
refuse or neglect to abate such health hazard or nuisance within a
period of 10 days as required by such notice, the Department of Building
and Planning may cause such weeds, vines, tall grasses, poison ivy,
poison sumac, poison oak or other objectionable vegetation to be cut,
eradicated and removed, keeping an account of the expenses of inspecting
the premises, service of notice and abating the health hazard and
nuisance; and all such costs and expenses shall be charged to and
paid by such owner or occupant.
All costs and expenses incurred by the Township
in the abatement of such health hazards and nuisances shall be a lien
upon the premises, and whenever a bill therefor remains unpaid for
a period of 60 days after it has been rendered, the Township Solicitor
shall file a municipal claim or an action of assumpsit for such costs
and expenses, together with a penalty of 10%, in the manner provided
by law for the collection of municipal claims.
[Amended 9-21-1977 by Ord. No. 1802; 8-3-1988 by Ord. No. 3104]
Any person, firm or corporation failing to abate such health hazard or nuisance in accordance with the requirements of any notice given as provided in § 59-2 above shall, in addition to the payment of said costs and expenses, be subject to a fine or penalty not exceeding $600 for each and every offense; and whenever such person shall have been notified by the Director of Public Works by service of such notice or summons in a prosecution or in any other way that he is committing such violation of this chapter, each day that he shall continue such violation after the expiration of the aforesaid 10 days shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.
