[Ord. 401, 7/3/1984, § 1; as amended by A.O.]
For the purpose and within the meaning of this Part, noxious
weeds shall mean and include burdock, chicory, crabgrass, garlic or
wild onion, goldenrod, horse nettle, milkweed, morning glory, mullen,
perennial thistle, poison ivy, quack grass, ragweed, sumac, wild lettuce,
wild mustard, wild parsnip, wild snapdragon and all other weeds or
growths which may become a menace to health by reason of flying pollen
including, but not limited to, those weeds defined by the Pennsylvania
Department of Agriculture as "noxious weeds" at 7 Pa. Code § 110.1.
[Ord. 401, 7/3/1984, § 2]
No person shall permit grass, weeds or other rank vegetation
to grow on any land owned, leased or occupied by him to a greater
height than one foot.
[Ord. 401, 7/3/1984, § 3]
The existence of noxious weeds in the Borough of Liberty as
defined in this Part, and the existence of grass, weeds or other rank
vegetation above one foot in height, are hereby declared to be public
nuisances.
[Ord. 401, 7/3/1984, § 4]
It shall be the duty of every person who shall hold title in
any capacity or have possession of or be responsible for the management
or upkeep of, any land or lot of ground in the Borough upon which
any noxious weeds may be growing, to cut or destroy such noxious weeds
so as to prevent such weeds from flowering or going to seed, and the
seed of the same from ripening, and in any event at least twice a
year, on or before June 15, and August 15, respectively, and it shall
be unlawful for any such person to fail, neglect or refuse to cut
or destroy any such weeds growing as aforesaid so as to prevent the
creation of a health and safety hazard and to prevent them from flowering
or going to seed, and in any event at least twice a year, on or before
June 15 and August 15, respectively.
[Ord. 401, 7/3/1984, § 5]
Any person who shall hold title in any capacity or have possession
of or be responsible for the management or upkeep of, any land or
lot of ground in the Borough upon which there is grass, weeds or other
rank vegetation more than one foot in height, or noxious weeds, shall,
within five days after notification by the Borough, remove or cause
to be removed such grass, weeds, rank vegetation and noxious weeds.
[Ord. 401, 7/3/1984, § 6]
1.
The notice herein required shall be served in writing on an owner
if he is in possession of the premises, but if he is not in possession,
then on any other owner, lessee, agent in possession, or any person
in possession of the premises, by personal service, by the Chief of
Police, or Zoning Officer, or Secretary, or Foreman of the Streets
and Water Department of the Borough of Liberty, or by certified mail,
return receipt requested, addressed to any owner, lessee, agent in
possession, or any person in possession of the premises, and mailed
by the Secretary of the Borough of Liberty. Alternatively, if there
is no one in possession of the premises, such notice may be posted
in a conspicuous part of the premises by the Chief of Police, or Zoning
Officer, or Secretary, or Foreman of the Streets and Water Department
of the Borough of Liberty.
2.
In addition to the penalties provided in § 10-207 hereafter, the Borough of Liberty, or any of its agents or authorized personnel, may, after five days' notice, enter upon any premises within the Borough upon which any noxious weeds may be growing, or upon which grass, weeds or other rank vegetation are growing above one foot in height, to cut or destroy such grass, weeds, noxious weeds, or other rank vegetation with the use of Borough employees and/or Borough equipment, and the cost and expense thereof may be filed as a lien against such premises in accordance with the law governing filing of municipal claims and liens for abatement of nuisances, or the cost and expense thereof may be recovered in any action at law or equity commenced by the Borough of Liberty in the Court of Common Pleas of Allegheny County, Pennsylvania, or before a local magistrate of the Commonwealth of Pennsylvania, against any owner, lessee, agent in possession, or any person in possession of said premises.
[Ord. 401, 7/3/1984, §§ 7, 8; as amended by
Ord. 423, 9/9/1987, § 10-207; and by A.O.]
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, 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.
