[Ord. 145, 3/16/2011, § 1]
The Township hereby finds that tall grass and weeds can have
a blighting effect on neighborhoods and can provide a refuge for vermin
and insects. The purpose of this Part is to secure the public health,
safety and general welfare of the residents and property owners of
the Township by regulating the height of grass, weeds and other vegetation
that are allowed to grow in certain areas of the Township in which
more people reside in close proximity.
[Ord. 145, 3/16/2011, § 2]
No person, firm, corporation, partnership, association of persons,
owner, agent, occupant or anyone having supervision or control of
any lot, tract, parcel of land or portion thereof, occupied or unoccupied,
improved or unimproved, within the Township limits of the Township
to suffer or permit grass, weeds or other vegetation that is uncultivated
to grow to a height greater than 12 inches or weeds less than 12 inches
as defined herein.
[Ord. 145, 3/16/2011, § 3]
Any type of grass or weed, but not including crops grown
as a source of income, including, but not limited to, corn, hay, oats
or barley.
The use of land for tilling of the soil, the raising of field
or tree crops or animal husbandry, as a source of income.
Any person who has the right to occupy a parcel of property
due to being an owner or pursuant to a verbal or written lease or
rental agreement with the owner or agent thereof.
Any person holding an ownership interest in land in the Township
upon which there is tall grass growing. For the purposes of this Part,
the name and address listed on the Northampton County Property Tax
Records shall indicate ownership interest in such land.
Includes Canada thistle (Circium arvense), dodders (any species
of Cuscuta), mustards (charlock, black mustard and Indian mustard,
species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed
(Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary
alyssum (Berteroa incana), ragweed (ambrosia elatior 1) and poison
ivy (rhus toxicodendron), poison sumac (toxicodendron vernix) or other
plants that are recognized by the Pennsylvania Bureau of Plant Industry
and listed as noxious weeds and/or any of which is in the opinion
of the Township Board of Supervisors.
[Ord. 145, 3/16/2011, § 4]
1.
This Part applies to the following:
A.
On lots in a platted subdivision with a structure, it shall be unlawful
to suffer or permit grass, weeds or other vegetation in excess of
12 inches in height or weeds as defined herein to grow uncultivated
within 100 feet adjacent to and along any improved street within the
limits of the Township or within 100 feet on either side of any lot
that is occupied as a residence or business.
B.
Vacant lots within platted residential subdivisions in which buildings
have been erected upon 75% or more of the lots:
(1)
It shall be unlawful to suffer or permit grass, weeds or other
vegetation in excess of 12 inches in height or weeds as defined herein
on the remaining undeveloped lots.
C.
On an undeveloped lot:
(1)
It shall be unlawful to suffer or permit grass, weeds or other
vegetation in excess of 12 inches in height or weeds as defined herein.
2.
This Part does not apply to:
A.
Land used for agricultural purposes including weeds in fields devoted
to growing any small grain crops such as wheat, oats, barley, or rye.
B.
Portions of lots used for flower gardens, shrubbery or vegetable
gardens.
C.
Naturally wooded areas, regulated wetlands or meadows.
D.
Areas designated as undeveloped open space.
[Ord. 145, 3/16/2011, § 5]
The owner and/or occupants of land to which this Part applies
shall not allow tall grass or weeds to grow over 12 inches in height
throughout the growing season including grass and weeds in the right-of-way,
and it shall be the duty of all owners and/or occupants of land located
in the Township either to cut or otherwise destroy by lawful means
all tall grass and weeds, as defined in this Part, which are growing
upon said property, before they reach a seed-bearing stage, and to
prevent weeds from perpetuating themselves and from becoming a detriment
to public health.
[Ord. 145, 3/16/2011, § 6]
1.
Enforcement Officer. This Part shall be enforced by such persons
who shall be so designated by the Township Board of Supervisors, who
shall for purposes of this Part be the Township Code Enforcement Officer
(CEO).
2.
Violation Notice. After inspection, if any property is determined
to be in violation of this Part, a violation notice will be sent to
the property owner and/or occupant of said premises in which the name
appears in the Northampton County Tax Records for the Township. The
notice shall be sent by first class mail and/or by posting a copy
of said notice on the property. The notice shall give the property
owner 10 days from the date of the notice to cut the tall grass and
weeds.
3.
Failure to Comply. If the tall grass and weeds are not cut within
10 days from the date of issuance of notice, the CEO shall have the
authority to file with the local magisterial district judge a citation
in violation of this Part and seek fines and penalties as prescribed
by this Part and authorized in the Second Class Township Code, 53
P.S. § 65101 et seq.
[Ord. 145, 3/16/2011, § 7; as amended by A.O.]
1.
Any violation 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 counsel fees incurred in enforcement 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.
2.
Repeat offenses under this Part shall be subject to increased fines
as provided by this section. As used in this section, "repeat offense"
means a second (or any subsequent) violation of the same requirement
or provision of this Part within any one-year period for which the
person admits responsibility or is determined to be responsible. The
increased fine for a repeat offense under this Part shall be as follows:
A.
The fine for any offense which is a first repeat offense shall be
not less than $500 nor more than $1,000 plus costs and counsel fees
incurred in enforcement and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days.
B.
The fine for any offense which is a second repeat offense shall be
not less than $750 nor more than $1,000 plus costs and counsel fees
incurred in enforcement and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days.
C.
The fine for any offense which is a third repeat offense or any subsequent
repeat offense shall be not less than $1,000 plus costs and counsel
fees incurred in enforcement and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days.
3.
Each day on which any violation of this Part occurs or continues
shall constitute a separate offense subject to separate sanctions.
[Ord. 145, 3/16/2011, § 8]
Any violation of any provisions of this section is hereby declared
to be a nuisance and detrimental to the health, safety, cleanliness,
comfort and welfare of the inhabitants of the Township. The Township
may seek enforcement of the Part by suit for injunction, damages,
or other appropriate legal action, as against a nuisance, at the expense
of the property owner including reasonable attorney fees. Any such
civil action shall be in addition to any prosecution for violations
of this Part as a summary offense, commencement of any such proceedings
shall not constitute an election of remedies.
