It shall be unlawful for any person owning or occupying any
property within the Borough of South Waverly to permit any grass or
weeds or any vegetation whatsoever not edible or planted for some
useful or ornamental purpose to grow or remain upon such premises
so as to exceed a height of 12 inches, to throw off any unpleasant
or noxious odor, to conceal any filthy deposit or to create or produce
pollen. The cutting of such grass, weeds or other vegetation twice
a month in the months of May, June, July, August and September and
the removal of the grass, weeds or other vegetation so cut shall be
deemed evidence that no violation of this section shall have been
created.
The owner of any vacant premises or premises occupied by the owner, and the occupant thereof in the 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 any of the provisions of §
409-2 of this article.
The Borough Council or any officer of the Borough 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 any of the provisions of §
409-2 of this article, directing and requiring such owner or occupant to remove, trim or cut such grass, weeds or other vegetation so as to conform to the requirements of this article within 15 days after issuance of such notice. In case any person shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough authorities may remove, trim or cut such grass, weeds or other vegetation, and the cost thereof, with an additional charge of 10%, shall be collected by the Borough from such person in default, in the manner provided by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Bradford County.