[Ord. 5/7/1986, § 18-101]
The Board of Supervisors of the Township of East Fallowfield
hereby declare that the excessive growth of noxious weeds and other
vegetation as above described is, by reason of being detrimental to
the health of the community, hereby declared to be a nuisance.
[Ord. 5/7/1986; as added by Ord. 1989-1, 5/17/1989]
Any growth serving no useful purpose and which is or may
be injurious to health or property, or which is otherwise prohibited
or limited by public policy or law, or which serves as a breeding
area for vermin or insects.
[Ord. 5/7/1986, § 18-102; as amended by Ord. 1989-1,
5/17/1989]
No person, firm, or corporation owning or occupying any property
within the Township of East Fallowfield Township shall permit any
grass or weeds or any vegetation whatsoever, not grown for human consumption
or planted for some useful or ornamental purpose, to grow or remain
upon such premises 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 act as a breeding place for vermin or insects, or to create or
produce pollen. All such grass or weeds shall be cut not less often
than on or before June 15 and August 15 of each year, and in any case
shall not be permitted to exceed 12 inches in height at any time.
Any grass, weeds, or other vegetation growing upon any premises in
violation of this or any other provision of this chapter is hereby
declared to be a nuisance and detrimental to the health, safety, cleanliness,
and comfort of the inhabitants of the Township.
[Ord. 5/7/1986, § 18-103; as amended by Ord. 1989-1,
5/17/1989]
The Township Code Enforcement Officer shall give notice to any
such property owner, or occupant, or the violation of the terms of
this Part, together with directions that the Part be complied with
and the offending vegetation be cut down and if said notice by the
Township Code Enforcement Officer has not been complied with within
a period of 72 hours following notice, then in such case the Township
of East Fallowfield shall, with its workmen, agents, or independent
contractors, enter upon said premises and abate said nuisance at the
cost of the property owner or occupant of the premises, which cost
shall be determined by the prevailing prices and wage rates for such
work within the local area together with a penalty of $50, but no
charge shall be less than $10.
[Ord. 5/7/1986, § 18-104; as amended by Ord. 1989-1,
5/17/1989]
Upon the completion of the work, it shall be the duty of the
Secretary of the Board of Supervisors upon proper certification, to
bill the property owners or occupant, for the amount of said charge
with penalty, and if not paid within 10 days thereafter, the Township
Supervisors shall institute suit for the recovery of said bill, penalty
and costs, or at their discretion to enter lien against the premises
on which the work has been done in accordance with the Act of Assembly
in such case made and provided.
[Ord. 5/7/1986, § 18-105; as amended by Ord. 1989-1,
5/17/1989]
Any notice required to be given under the provisions of this
Part, may be delivered by an officer, or agent of the Township or
by registered or certified mail, addressed to the owner of the premises,
if not residing in the Township and the date of the receipt of notice,
if personally served, and the date indicated on the return receipt
if served by mail, shall be deemed the time of notice.
[Ord. 5/7/1986, § 18-106; as amended by Ord. 1989-1,
5/17/1989; and by Ord. 2010-01, 3/23/2010]
In addition to the right given the Township by this Part to
collect the cost of abatement of the nuisance, and refusal on the
part of any owner or occupier to comply with provisions of said notice
shall be deemed to be a violation of this Part and 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 $5 nor 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.
[Added by Ord. No. 2017-01, 3/28/2017]
1.
Purpose and Intent. The purpose of this section is to preserve and
protect private and public property and roadways from the damaging
spread of invasive plants and to protect indigenous plants and the
wildlife they support from the harmful spread of invasive plants.
2.
BUFFER ZONE
INVASIVE PLANT PROPERTY OWNER(S)
INVASIVE PLANTS
NOTICE
RECEIPT OF NOTICE
RUNNING BAMBOO
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A distance of at least 30 feet from any lane, street or road,
whether public or private.
Any property owner(s) who has/have invasive plants on their
property, even if it has spread onto their property from an adjoining
property.
Plant species that are generally not native to Chester County,
which grow aggressively, spreading and displacing native vegetation,
and are difficult and costly to control. Invasive plants, as defined
in this section, include running bamboo; Japanese knotweed, Tree of
Heaven, Japanese hops, common reed grass and Japanese barberry.
Any written notice by, from or on behalf of the Township,
notifying the invasive plant property owner(s) that they are in violation
of this section and directing them to cure or fix the violation. Such
notice shall be sent by certified mail, return receipt requested,
addressed to the owner(s) listed on the current tax address on file
with the Township. A copy may also be posted on the property in question.
Receipt of the notice required herein shall be the date of
mailing said notice, or, if applicable, posting of the notice on the
property in question, whichever is earlier.
Any monopodial (running) woody grass from the genera of bamboos,
including, but not limited to, Bambusa, Phyllostachys and Pseudosasa,
as well as common bamboo, golden bamboo and arrow bamboo.
3.
No Planting of invasive plants within buffer zones.
A.
The planting of invasive plants within any buffer zone is prohibited
in the Township.
B.
Any existing invasive plants within a buffer zone may not be replanted
or replaced after any such existing invasive plants have died or been
removed.
C.
Any person who plants, replants or permits invasive plants to grow
within a buffer zone after the effective date of this section shall
be in violation of this section and shall be subject to the penalties
set forth herein.
4.
Regulation of and limitations on existing invasive plants.
A.
Any invasive plants already in existence on any property within the
Township as of the effective date of this section may remain on such
property, subject to restriction that invasive plants shall not be
permitted to expand into any buffer zone.
B.
Invasive plant property owners shall take all necessary measures
to ensure that any invasive plants on their property do not spread
to any buffer zone. Such measures shall include, but are not limited
to, removing and cutting down invasive plants existing in the buffer
zone, physically removing or poisoning the rhizomes, or spraying any
regrowth for several years until the invasive plants are dead and,
if permitted to remain outside the buffer zone, installing sheathing
comprised of metal or other impenetrable material and placed at a
sufficient depth to prevent any growth of invasive plants within any
buffer zone.
C.
This section shall not be deemed to alter any rights at common law
or otherwise that any property owner may have to recover the cost
of removal of invasive plants on their own property from another property
owner from whose property the invasive plants have spread.
5.
Removal of invasive plants. If invasive plants on any property grow
in or into any buffer zone, the Township may give notice to the invasive
plant property owner(s), as required by this section, that the said
owner(s) are responsible for the extermination or removal of such
invasive plants from the buffer zone to the extent that the location,
height or placement of such invasive plants cause a threat to the
public health, safety and welfare.
