[HISTORY: Adopted by the Borough Council
of the Borough of Bridgeport 7-1-1968 by Ord. No. 305, approved 7-1-1968 (Ch.
53 of the 1975 Code). Amendments noted where applicable.]
[Added 8-12-1975 by Ord. No. 419, approved 8-12-1975]
As used in this chapter, the following terms
shall have the meanings indicated:
All grass over 12 inches in height.
From and after passage of this chapter, it shall
constitute a public nuisance for any person, firm or corporation,
being the owner or occupant of any tract of land or premises situate
in the Borough of Bridgeport, to permit the growth or accumulation
of Canada thistles or chicory or other weeds, tall grasses or objectionable
vegetation on said tract of land or premises.
[Amended 8-12-1975 by Ord. No. 419; 3-14-1989 by Ord. No.
507, approved 3-14-1989; 2-23-2016 by Ord. No. 2016-006, approved 2-23-2016]
It shall be the duty of every owner of premises, as aforesaid,
on which any Canada thistles or chicory or other weeds or tall grasses
or objectionable vegetation shall grow or accumulate, to remove the
same and prevent them from going to seed, and every owner or occupant
of tracts of land or premises, as aforesaid, who shall fail or refuse
to comply with the provisions of this chapter shall be subject to
the following procedure:
A.
The municipal official shall issue a written ticket to the owner
of the property which shall provide for a penalty as defined by resolution
of the Borough Council. If this penalty is paid within 10 days of
its issue and the condition that warranted the ticket is abated, then
the violation is discharged. This penalty may be adjusted from time
to time by resolution of the Municipal Council.
B.
If the violator does not pay the penalty or does not abate the condition
that warranted the issuance of the ticket as provided for in this
chapter, then the municipality shall cause a nontraffic citation to
be issued for the violation of this chapter. The municipality may
also cause the condition to be abated in accordance with this chapter.
C.
The nontraffic citation shall be forwarded to and adjudicated by
a Magisterial District Judge. If found guilty of the violation, the
violator shall be sentenced to a fine of no more than $300, plus costs
of prosecution and reasonable attorneys' fees.
D.
Each day that a violation of this chapter continues shall constitute
a separate offense. In default of payment of said fine, costs and
fees, the violator may be imprisoned in the county jail for a term
of not more than 30 days.
[Amended 8-12-1975 by Ord. No. 419, approved 8-12-1975]
Further, and in no limitation of the duties,
penalties or responsibilities hereinbefore set forth, the Borough
Council of the Borough of Bridgeport shall cause to be published,
once each year during the growing season, in the official newspaper
of the Borough, notice to all owners or occupants of tracts of land
or premises to prevent the growth or accumulation of Canada thistles
or chicory or other weeds, tall grasses or objectionable vegetation
and to keep them from going to seed on such lands or premises.
If the owner or occupant of a tract of land
or premises, as aforesaid, to whom such notice has been given fails,
neglects or refuses to comply with the said notice or order for the
abatement or removal of the said growth in accordance with the notice,
the Borough Council of the Borough of Bridgeport or its agents or
employees may enter upon the tract of land or premises to which said
order relates and abate or remove such nuisance, cut such weeds and
prevent seeding.
The expense incident to such abatement or removal
or cutting of weeds to which the Borough is put shall be paid by the
owner or occupant of such tract of land or premises and may be billed
by the Borough Council of the Borough of Bridgeport to such owner
or occupant, as aforesaid, together with an additional 10% thereof
to be added thereto to cover expenses incidental to the enforcement
hereof, and in default of payment of such bill, a lien may be filed
by the said Council, in the name of the Borough of Bridgeport, in
the Court of Common Pleas of Montgomery County, within 30 days of
the date of completion of the work of abatement or removal, subject
to the same proceedings and rights for entry and revival of judgment
and execution as are provided by law for other municipal liens.
The Borough Council of the Borough of Bridgeport
ordains and enacts this chapter to promote and preserve the health
and welfare of the residents of the Borough pursuant to the powers
granted to it by the Borough Code. For the purpose of enforcing the
civil provisions of this chapter, Borough Council shall undertake
to accomplish the same on its own motion and/or resolution as the
occasion warrants. So far as the enforcement of the noncivil remedy
afforded by this chapter, the Borough Council of the Borough of Bridgeport
hereby designates the members of the Borough Board of Health or the
Health Officer of the Borough or the Borough Building Inspector as
the proper party or parties empowered to initiate proceedings for
the enforcement hereof before any Magisterial District Judge of the
Borough.
