[Ord. 348, 9/14/2011, § I]
This Part is entitled the "Plainfield Township Noxious Weed
Ordinance." The purpose of this Part is to provide for the control
of noxious weeds in the Township.
[Ord. 348, 9/14/2011, § II]
The Board of Supervisors of Plainfield Township has the specific
authority to adopt this Part under the Second Class Township Code,
53 P.S. § 65101 et seq., and the Pennsylvania Noxious Weed
Control Law, 3 P.S. § 255.1 et seq. (the "Act").
[Ord. 348, 9/14/2011, § III]
1.
The following are designated as noxious weeds in the Township as
per 3 P.S. § 255.8 of the Pennsylvania State law:
[Ord. 348, 9/14/2011, § IV]
The Township Zoning/Code Enforcement Officer is hereby appointed
by the Board of Supervisors as the Township Enforcement Officer under
this Part.
[Ord. 348, 9/14/2011, § V]
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 noxious weeds. Such growth
of noxious weeds 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 and destroy noxious
weeds growing or remaining upon such premises in violation of the
provisions of this Part.
[Ord. 348, 9/14/2011, § VI]
1.
The Plainfield Township Enforcement Officer or any 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 noxious weeds are growing or remaining in violation of the
provisions of this Part, directing and requiring such occupant to
remove, trim or cut such noxious weeds, so as to conform to the requirements
of this Part within 20 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 or cut such noxious weeds, 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. 348, 9/14/2011, § VII]
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 noxious weeds
from said person's property. In those cases where the Township
hires another person, firm or corporation to remove or cut such noxious
weeds, 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. 348, 9/14/2011, § VIII; 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.
