[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.
A.
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.
B.
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:
A.
The belief of the Township that a nuisance exists for which that
person is responsible;
B.
A description of the location and nature of the alleged nuisance;
C.
That the nuisance must be abated or removed by said person within
five days of receipt of notice;
D.
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;
E.
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.
