Except as otherwise provided in § 363-33 hereof, it shall be the duty of every owner of real estate within the Borough to at all times cut and mow the grass on his property so that said grass shall not rise above the height of six inches.
An owner of real estate within the Borough shall comply with the Noxious Weed Control Law (3 P.S. §§ 255.1 to 255.11), as it may be amended from time to time; and, in connection therewith, may seek to control the growth of noxious vegetation by means other than mowing; provided, however, that such owner shall only use such chemicals in controlling such noxious vegetation as are permitted by law in the manner permitted by law.
A. 
The provisions of § 363-31 of this part may be waived by the Borough for a lot, or portion thereof, which exhibits one or more of the following characteristics, upon written application by the owner to the Borough Council:
(1) 
Floodplain or wetlands (as defined in § 363-14 of this part);
(2) 
Forests (as defined in § 363-14 of this part);
(3) 
Meadow, pasture, wildflower meadow or berry patch;
(4) 
Hedgerow;
(5) 
Areas undergoing a directed process of natural succession;
(6) 
Managed compost piles;
(7) 
Ornamental landscape planting;
(8) 
Undisturbed open space in a planned residential development or density development [as defined in the Zoning Ordinance (Chapter 400)]; and
(9) 
Agriculture, including land left fallow for up to one year.
B. 
Notwithstanding any other provision herein to the contrary, the provisions of § 363-31 hereof may be waived by the Borough with respect to the following lots upon written application by the owner thereof to the Borough Council:
(1) 
None of the lands abutting or across a road from the lot are being put to developed uses (residential or institutional); or
(2) 
All abutting developed lands are owned by (and occupied by no one other than) the party owning the lot in question, and/or the current abutting landowners waive enforcement of the terms of this section against the lot.
A. 
Notice of height violation. Whenever it shall be reported to the Code Enforcement Officer that any owner of any real estate in the Borough has failed or neglected to comply with any of the terms of this part, the Code Enforcement Officer, after investigation and finding that the condition is contrary to the health and/or safety of the residents of the Borough, shall cause a written notice to be served upon the owner directing the owner to comply with all terms of this part within 10 days.
B. 
Work may be done by Borough. In the event of the failure of the owner of said real estate within the Borough to cut and destroy said grass or noxious weeds or to have the same cut and destroyed within 10 days after being notified to do so, the Borough may have said grass or weeds cut and destroyed. In addition to the penalties contained in §§ 363-41 and 363-42 of this part, the Borough may cause the violations to be abated and collect the cost thereof, together with a penalty of an additional 10% of such cost, from the property owner.
C. 
Court action authorized. In addition to other penalties provided by this part, the Borough may institute proceedings in courts of equity to require owners of real estate within the Borough to comply with the provisions of this part.
D. 
Liens. The cost of removal, fine and penalties hereinabove mentioned may be entered by the Borough as a lien against such property in accordance with existing provisions of law.