Township of Carroll, PA
York County
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[HISTORY: Adopted by the Board of Supervisors of Carroll Township 8-19-2003 by Ord. No. 2003-150. Amendments noted where applicable.]
This chapter shall be known and may be cited as "The Carroll Township Weed and Vegetation Control Ordinance."
The following terms shall be construed in this chapter to have the following meanings, except in those instances where the context clearly indicates otherwise:
Any natural person or persons, partnership, association, corporation, firm, factitious name or any other individual or business entity or their agents.
Includes but shall not be limited to grass, weeds, vines and similar growths, jimson, burdock, ragweed, thistle, cocklebur, chicory and those weeds defined and appearing on the noxious weed control list as authorized and defined under the Noxious Weed Control Law, Act No. 1982-74, P.L. 228 (3 P.S. § 255.1 et seq.). Vegetation may be considered a nuisance if it throws off any unpleasant or noxious odors, conceals any filthy deposit, produces pollen or is not planted for some useful, ornamental or agricultural purpose.
Vegetation growing to a height exceeding 12 inches on any lot or tract of ground in Carroll Township is hereby declared to be a nuisance detrimental to the health, safety, welfare and comfort of the residents of Carroll Township and abatable as such.
It shall be unlawful for any person owning, leasing or having a present interest in any real estate located in whole or in part in Carroll Township to permit vegetation as defined herein to grow to a height exceeding 12 inches.
All vegetation on any premises growing to a height exceeding 12 inches shall be cut by the person, owner, lessee or other individual having a present interest in the said real estate. Failure to comply herewith shall constitute a violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be the duty of the Township Code Enforcement, or any other party or parties designated by the Board of Supervisors of Carroll Township, upon complaint of citizens and property owners or otherwise, to investigate an alleged nuisance and if a nuisance exists, to notify the person allegedly in violation of the following:
The belief of the Township that a nuisance exists for which that person is responsible;
A description of the location and nature of the alleged nuisance;
That the nuisance must be abated or removed by said person within five days of receipt of notice;
Each one day continuance of a violation of the provisions of this chapter shall constitute a separate offense which will not require the Township to provide additional or subsequent notification of said violations;
Failure to comply with the directions of the Township may result in the abatement or removal of the nuisance by the Township or its authorized representative and the cost of said removal or abatement shall be assessed against the violator together with the additional amount of 10% of such cost, to be collected by summary proceedings or in the manner provided for the collection of municipal claims or by an action of assumpsit without the filing of a complaint. The imposition of such cost and additional amount may be in addition to any other penalty provided for in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
In the exercise of the powers herein conferred, the Board of Supervisors of Carroll Township may institute proceedings in courts of equity.