[Ord. 2016-1, 1/4/2016]
This Part shall be known as the "Hopewell Township Weed Control Ordinance."
[Ord. 2016-1, 1/4/2016]
No person, firm or corporation owning or occupying any real estate in the Township which is improved with a dwelling house or structure or which is within 300 feet of any real estate which is improved with a dwelling house or structure shall 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 eight inches or to throw off any noxious odor or to conceal a filthy deposit or to create or to produce pollen, subject to the exceptions in § 10-104. Any grass, weeds or other vegetation growing upon any of said premises in the Township is in violation of any of the provisions of this Part and is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness, comfort and welfare of the inhabitants of said areas of the Township.
[Ord. 2016-1, 1/4/2016]
Either or both the owner of any premises or the occupant thereof in possession of the premises, if other than the owner, shall remove, trim or cut all weeds, grass or other vegetation growing or remaining upon such premises in violation of the provisions of § 10-102 of this Part.
[Ord. 2016-1, 1/4/2016]
The mowing requirement in § 10-102 shall not apply to the following excepted activities: any lot or portion thereof which has been planted with an agricultural crop or conservation cover during the calendar year in question; any areas covered by appropriate ground cover (such as crown vetch) planted either for erosion or other control, or for decorative purposes; any lot or portion thereof occupied by woodlands. For purposes of this section, "woodlands" shall mean land which is covered by naturally occurring trees, and from which natural ground cover, including without limitation leaves, pine needles or vegetative growth has not been cleared from the land or, if cleared, has remained in its natural vegetative state, without alteration by the landowner. Once cleared, if the cleared area is planted with grass or similar ground cover which is normally intended to be periodically mowed, then such area shall be subject to the requirements of this Part. It shall be a defense to a violation notice of this Part if, upon notice of violation, the landowner of unaltered woodlands notifies the Township of his or her intention to allow the woodlands to remain in or revert to its unaltered or natural state. Any alteration of the woodlands after such notices shall void such notice, and shall make the landowner subject to the requirements of this Part.
[Ord. 2016-1, 1/4/2016]
The Codes Enforcement Officer, Zoning Officer, or any other officer of the Township designated thereby for such purpose, is hereby authorized to give notice by personal service or by United States mail to the owner or occupant, or both, as the case may be, of any real estate wherever weeds, grass or other vegetation is growing or remaining in violation of the provisions of § 10-102 of this Part, directing and requiring such owner or occupant to remove, trim or cut such weeds, grass or vegetation so as to conform to the requirements of this Part within 10 days after the issuance of such notice. Any notice provided in accordance with this subsection shall only be provided one time per season, such season being March through November. In the event that any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein or shall thereafter permit any further violation of this Part, the Township authorities or their duly authorized agents or employees, shall have the right of entry of such real property to remove, trim or cut such weeds, grass or vegetation without any liability to the Township for any damages which may occur to the real property. The cost thereof, together with a penalty of 25% of the Township's actual costs and any additional penalty authorized by law, may be collected by the Township from such person, firm or corporation by the filing of a municipal lien or by an action at law or any other manner as may be provided by law for the enforcement and collection of municipal claims.
[Ord. 2016-1, 1/4/2016]
Any person, firm or corporation who shall violate any provision 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 reasonable attorney fees incurred by the Township in the enforcement proceeding 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. For purposes of this section, the Board of Supervisors of Hopewell Township hereby appoints the Township Manager, Secretary, Zoning Officer, Permit Officer or Codes Enforcement Officer as authorized representatives, any one of whom, in addition to any police officer with jurisdiction within the Township, may commence and pursue enforcement proceedings pursuant to this section.