[Ord. 255, 11/6/1969, § 1]
In this Part, the word "person" shall mean and include any natural
person, partnership, association, firm or corporation. The singular
shall include the plural, the plural shall include the singular and
the masculine shall include the feminine and the neuter.
[Ord. 255, 11/6/1969, § 2; as amended by Ord. 426,
11/3/2008]
No person owning or occupying any property within the Borough
of New Oxford shall permit any brush, grass, weeds or any vegetation
whatsoever, not planted or grown for some useful or ornamental purpose,
to grow or remain upon such property so as to exceed a height of eight
inches or to throw off any unpleasant or noxious odor or to conceal
any filthy or hazardous condition or produce pollen or encroach on
the public sidewalks so as to diminish any portion of the full width
of said sidewalk or to cause an unsafe condition, such as a trip hazard
or slippery surface upon such sidewalk. Any brush, grass, weeds or
other vegetation growing upon any property within the Borough in violation
of the provisions of this section is hereby declared to be a nuisance
to the public and detrimental to the health, safety, welfare and comfort
of the inhabitants of the Borough of New Oxford.
[Ord. 255, 11/6/1969, § 3; as amended by Ord. 426,
11/3/2008]
The owner of any premises, whether the premises are vacant or
occupied by the owner, and the occupant thereof, if not the owner,
shall be jointly and severally responsible for the removal, trimming,
or cutting of all brush, grass, weeds or other vegetation growing
or remaining upon such property or premises in violation of the provisions
of the preceding § 302 of this Part. Notwithstanding anything
set forth in this Part, the owner may assign his obligations described
herein to his tenant; provided, however, that the owner may be solely
responsible for all violations and penalties provided under this Part.
[Ord. 255, 11/6/1969, § 4; as amended by Ord. 426,
11/3/2008]
The Borough Council, or any code enforcement officer or employee
of the Borough designated thereby for the purpose, is hereby authorized
to give notice, by personal service or by United States mail, to the
owner and/or occupant, as the case may be, of any premises whereon
brush, grass, weeds or other vegetation is growing or remaining in
violation of § 302 of this Part, directing and requiring
such owner and/or occupant to remove, trim or cut such brush, grass,
weeds or other vegetation, so as to conform to the requirements of
this Part, within five days after issuance of such notice. In case
any person shall neglect, fail or refuse to comply with such notice
within the period of time stated therein, the Borough authorities
may remove, trim or cut such brush, grass, weeds or other vegetation;
and the cost thereof, with an additional charge of 10% thereof, shall
be collected by the Borough from such person in default in the manner
provided by law.
[Ord. 255, 11/6/1969, § 5; as amended by Ord. 384,
6/7/1999; and by Ord. 454, 6/1/2015]
1.
An initial
violation of this Part shall result in a written warning.
2.
Any person
who shall violate any of the provisions and regulations of this Part,
following the issuance of the initial written warning, upon violation
and conviction thereof, shall pay a fine and penalty of $50 plus any
court costs incurred by the Borough of New Oxford in the enforcement
proceedings. Each day that any person shall continue in violation
of the provisions and regulations of this Part shall constitute a
separate violation. Any subsequent violations of the provisions and
regulations of this Part by any person in the same calendar year,
without written warning, shall subject such person to a fine and penalty
of $50 plus any court costs incurred by the Borough of New Oxford
in the enforcement proceedings. Following the successful prosecution
of any continuing violation of the provisions and regulations set
forth in this Part, any person found to be in violation of the same
shall be subject to a civil penalty not to exceed $600 per violation
to be imposed by the District Court in lieu of the assessment of a
fine and costs as previously provided for herein.
