Borough of Lemoyne, PA Chapter 169 Brush, Grass and Weeds

[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne 9-1-1960 by Ord. No. 319 (Ch. 10, Part 1, of the 1984 Code of Ordinances); amended in its entirety 3-4-2010 by Ord. No. 683. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Property maintenance — See Ch. 370.

§ 169-1 Nuisances.

It shall be unlawful for the owner, whether corporate or individual, of any premises in the Borough of Lemoyne, to permit any weeds or similar vegetation, not edible or planted for some useful or ornamental purpose, to grow or remain upon any premises in the Borough of Lemoyne, so as to exceed the height of six inches, or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or produce pollen. In addition, it shall be unlawful for the owner, whether corporate or individual, of any premises in the Borough of Lemoyne, to permit any limbs, brush, or other cut vegetation from accumulating upon any premises in the Borough of Lemoyne. All such vegetation is hereby declared to be a nuisance and prejudicial to the public health or safety of the Borough; provided, this section shall not apply to any premises or lands commonly known as farmland or woodland.

§ 169-2 Clearance over streets and sidewalks.

It shall be unlawful for the owner, whether corporate or individual, of any premises in the Borough of Lemoyne, to permit limbs of trees or bushes to be less than 12 feet in height over the cartway of roads or streets and eight feet over any sidewalk or footpath, or to otherwise impede unobstructed passage through or upon any such road, street, curb, sidewalk or footpath.

§ 169-3 Notice to cut weeds/trim trees or bushes; authority for Borough to do work.

The Borough Manager or anyone so designated by the Council of Lemoyne shall give five days' written notice to the owner of land upon which there occurs a violation of §§ 169-1 or 169-2 of this chapter, to cut, trim, or remove any such weeds, vegetation, bushes, or trees, by posting said written notice on the premises, and in the event the owner of such premises fails to properly remediate any violation as set forth in the written notice in compliance with this chapter within five days after receiving said written notice, the Borough Manager or anyone so designated by the Council of Lemoyne shall act in accordance with § 169-4 of this chapter.

§ 169-4 Work by Borough and collection of cost plus 10%.

All weeds or other vegetation permitted to grow or remain contrary to the provisions of this chapter, and all limbs of trees or bushes permitted to grow or remain contrary to the provisions of this chapter, shall be cut or removed by or under the direction of the Borough Manager or anyone so designated by the Council of Lemoyne, and the cost thereof; together with a 10% penalty as provided by law, shall be collected by the filing of a municipal lien, or by action in assumpsit, or in such other manner as may be provided by law.

§ 169-5 Violations and penalties.

Any person, firm, or corporation violating any of the provisions of this chapter shall, upon summary conviction before a Magisterial District Judge, be subject to a fine of not less than $100, nor more than $500, with the costs of prosecution, including attorney fees, for each offense, together with any restitution payable to the Borough for work performed by or on behalf of the Borough pursuant to authority under § 169-4 of this chapter, and it is hereby declared that each refusal or neglect to comply with the terms of this chapter shall be considered a separate offense and violation thereof, and in default of the payment of the hereinbefore stated fine, be committed to the Cumberland County Jail for a period not exceeding 30 days.