[Ord. 347, 9/14/2011, § 1]
For the purpose of this Part, the following terms shall have
the following meanings:
An individual, partnership, firm or corporation, and the
singular includes the plural, who is the owner, is holding, or is
in possession of any real estate on which weeds are growing.
Includes all rank vegetable growth including, but not limited
to, grass, ragweed, dandelion and miscellaneous other vegetation commonly
referred to as "weeds" or "brush" which are not edible or planted
for some useful or ornamental purpose and which exhale unpleasant
or noxious odors or pollen, or which may conceal filthy deposits or
serve as breeding places for mosquitoes, other insects or vermin.
[Ord. 347, 9/14/2011, § 2]
1.
No person owning, holding, or in possession of any real estate shall
allow or maintain on any lot or tract of land within the boundaries
of the Township of Plainfield any growth of weeds or grass to a height
of over six inches. Such growth of weeds or grass is hereby declared
to be a nuisance, injurious to the health, cleanliness, comfort, and
safety of the residents of the Township.
2.
The owner of any premises, as to vacant premises or premises occupied
by the owner, and the occupant thereof, in case of premises occupied
by other than the owner thereof, shall remove, trim or cut all grass,
weeds or other vegetation growing or remaining upon such premises
in violation of the provisions of this Part.
[Ord. 347, 9/14/2011, § 3]
Any tract of land or real estate substantially classified as
wooded territory, natural swamplands, land being farmed or cultivated,
and any natural wildlife habitat area as determined by the Board,
unless otherwise declared a nuisance, are hereby excluded from compliance
with this Part.
[Ord. 347, 9/14/2011, § 4]
1.
The Plainfield Township Board of Supervisors, or any officer or employee
of the Township of Plainfield designated thereby for the purpose,
is hereby authorized to give notice, by personal service or by United
States mail, to the owner or occupant, as the case may be, of any
premises whereon grass, weeds or other vegetation is growing or remaining
in violation of the provisions of this Part, directing and requiring
such occupant to remove, trim or cut such grass, weeds or vegetation,
so as to conform to the requirements of this Part within 10 days after
issuance of such notice.
2.
In case any person, firm or corporation shall neglect, fail or refuse
to comply with such notice, within the period of time stated therein,
the Township authorities, or any person, firm or corporation hired
by said authorities, may remove, trim or cut such grass, weeds or
vegetation, and the cost thereof, together with any additional penalty
authorized by law, may be collected by the Township from such person,
firm or corporation, in the manner provided by law.
3.
In the event of subsequent violations in the same calendar year, the Township, or any person, firm or corporation hired by the Township, shall be authorized to cut, destroy, or remove, or to have such weeds cut, destroyed or removed, without further notification to the person and bill such person for the cost in accordance with § 10-105 of this Part.
4.
In case of neglect or refusal by the person, firm or corporation
to pay such bill within 30 days after issuance of the said bill, the
bill shall be subject in all respects to the general law provided
for the filing and recovery of municipal liens.
[Ord. 347, 9/14/2011, § 5]
A person shall be billed for the cost of remedying any violation
of this Part at the rate established by the Township Supervisors.
The rate should compensate the Township for both direct costs (e.g.,
labor and equipment) and indirect costs and expenses (e.g., administrative
time, postage, etc.) incurred in cutting and removing grass and weeds
from said person's property. In those cases where the Township
hires another person, firm or corporation to remove, trim or cut such
grass, weeds or vegetation, the person shall be billed the amount
charged the Township by the person, firm or corporation, with an additional
10% added for the Township's administrative time and costs. The
rate referenced herein shall be established by the Township Supervisors
by resolution.
[Ord. 347, 9/14/2011, § 6; as amended by A.O.]
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 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.
