[Ord. No. 219, 12/11/2017]
1.
Any weeds, vines, grasses or other vegetation (but not including shrubs, bushes, native perennial plants and trees) which are not edible and are not planted for a clearly useful or ornamental purpose as described in § 10-502 of this Part, and which exceed 12 inches in height on any property in East Coventry Township, are hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of East Coventry Township.
[Amended by Ord. No. 2022-256, 11/14/2022]
2.
It is also recognized that grass clippings, leaves and other yard
waste left on public and private streets cause slippery conditions
for motorists, bicycles and pedestrians, are unsightly, and contribute
to the clogging of East Coventry Township's storm sewers, thereby
requiring excess maintenance, and are hereby declared to be a nuisance.
[Added by Ord. No. 227,
12/10/2018]
3.
The dumping of grass clippings, weeds, leaves, branches, stumps,
dead shrubs and trees, clippings from shrubs and trees, soil, animal
manure, fecal matter of any kind, soil clumps, rocks, garden or yard
waste and similar debris is unsightly, may emit foul odors and render
the maintenance of sanitary conditions more difficult, and such debris
enables harboring and breeding of insects, rodents and other vermin
and is hereby declared a nuisance to neighboring properties and the
public at large.
[Added by Ord. No. 2022-256, 11/14/2022]
4.
Notwithstanding the foregoing Subsection 3, dead trees which have fallen due to natural causes in forests or woodlands shall not be declared a nuisance, provided they remain where they fell and are at least 12 feet from residential neighboring property boundaries which are maintained as lawn, gardens, driveways or residential dwellings or residential accessory uses. The chipping of fallen dead trees is prohibited when such chippings are left piled in forest or woodland areas.
[Added by Ord. No. 2022-256, 11/14/2022]
[Ord. No. 219, 12/11/2017;
as amended by Ord. No. 227, 12/10/2018; Ord. No. 228, 12/10/2018;
and by Ord. No. 2022-256, 11/14/2022]
1.
Unless otherwise excepted herein, no person or entity owning or occupying
any property in East Coventry Township shall permit any weeds, vines,
grasses or other vegetation (but not including shrubs, bushes, native
perennial plants and trees) to grow or remain on any lot, tract or
piece of ground in East Coventry Township in excess of 12 inches in
height.
2.
The following types of land or uses shall be exempt from the requirements
that weeds, vines, grasses or other vegetation (but not including
shrubs, bushes, native perennial plants and trees) shall not exceed
12 inches in height:
A.
Agricultural property uses, including, but not limited to, land cultivated
for crop production or engaged in farming or animal husbandry, provided
that any agricultural property bordering a residential use or accessway
shall maintain a four-foot strip of land adjacent to the residential
use or accessway where vegetation shall not exceed 12 inches;
B.
Flower beds and gardens, provided they are at least four feet from
neighboring property boundaries;
C.
Seasonal and ornamental grasses, provided they are at least four
feet from neighboring property boundaries;
D.
Wetlands in developed and undeveloped areas, whether natural or constructed;
E.
Woodlands and forested areas;
F.
Public rights-of-way and easements (where not prohibited by the underlying
deed of dedication or easement agreement);
G.
Public parks (where not prohibited by the underlying agreement establishing
the public park);
H.
Government-owned lands;
J.
Areas within 15 feet of a stream or pond;
K.
Areas within required riparian buffers planted to comply with the specifications outlined in the East Coventry Township Zoning Ordinance (Chapter 27), the East Coventry Township Subdivision and Land Development Ordinance (Chapter 22), or the East Coventry Township Stormwater Management Ordinance (Chapter 9, Part 1); and
3.
Noxious vegetation or noxious weeds as defined in the East Coventry Township Zoning Ordinance (Chapter 27) or Pennsylvania laws relating to controlled plants and noxious weeds (3 Pa.C.S.A. § 1501 et seq.), as may be amended from time to time, are prohibited on any property in East Coventry Township.
4.
The depositing of grass clippings, leaves and other yard waste produced
in conjunction with yard maintenance or gardening onto the highways,
streets, and other public or private roads in East Coventry Township
is prohibited. It shall be a violation of this section to permit grass
clippings, leaves or other yard waste from any private property to
be deposited onto the cartway or road shoulder of any public or private
right-of-way in East Coventry Township. When mowing grass adjacent
to a highway, street or road, whether within a public or private right-of-way,
all grass clippings, leaves and other yard waste from the mower shall
be directed toward the adjacent owners' properties to avoid grass
clippings, leaves and yard waste being directed towards and deposited
onto the highway, street or road within the public or private right-of-way.
Any grass clippings, leaves or yard waste inadvertently deposited
onto or accumulating on a highway, street or road in East Coventry
Township shall immediately be removed; there is no "grace period"
within which to remove grass, leaves and yard waste. All owners or
occupants of private property in East Coventry Township are responsible
to ensure that any persons hired to cut their grass or maintain their
yard abide by this subsection. There shall be a rebuttable presumption
that grass clippings, leaves or yard waste on the cartway or road
shoulder immediately adjacent to a property were caused to be placed
there by the property owner or his agent.
5.
The dumping or composting of grass clippings, weeds, leaves, branches,
stumps, dead shrubs and trees, clippings from shrubs and trees, soil,
animal manure, fecal matter of any kind, soil clumps, rocks, garden
or yard waste and similar debris is strictly prohibited within 12
feet of any neighboring property line.
[Ord. No. 219, 12/11/2017]
1.
The Code Enforcement Officer, or any employee of the Township designated for this purpose, is hereby authorized to give notices of violation of this Part to the owner or occupant or, in the case of foreclosure, the lending institution or its agent, of any such property or adjacent cartway or road shoulder whereon grass, weeds or other vegetation is growing or remains in violation of § 10-502, as follows:
[Amended by Ord. No. 227, 12/10/2018]
A.
By sending written notice of violation by personal service or by
certified and first class mail to the last known address of the owner
of the property and to the lending institution or its agent for foreclosed
properties.
B.
If the certified mail and first class mail are returned as undeliverable
or if, in the judgment of the Township, it shall appear to be impracticable
to give notice as above provided, either because the owner or occupant
cannot readily be found, or because a search for the owner or occupant
would entail unreasonable delay, the Township may give notice by leaving
written notice of violation on the premises where such nuisance exists
either by handing such notice to an adult in charge of the premises
or by affixing a copy of the notice to the premises at a conspicuous
place thereon.
2.
The notice shall specify the nature of the violation and shall direct
and require such occupant or owner to remove, trim or cut such grass,
weeds or vegetation and abate the violation so as to conform to the
requirements of this Part, within 10 days after issuance of such notice.
Upon cause shown, the Township may extend the abatement period by
five additional days and shall document such extension in the Township's
records.
3.
The owner/occupant of any property, or in the case of foreclosure
the lending institution or its agent, shall receive one notice of
violation per season. Future violations during the same season shall
be issued citations without further notice.
[Ord. No. 219, 12/11/2017]
1.
In the event the owner or occupant or lending institution or its
agent shall neglect, fail, or refuse to comply with such notice within
the period of time stated therein, the Township may order the removal,
trimming, or cutting of such grass, weeds, or vegetation, and the
cost thereof (including, without limitation, expenses for inspection
of the premises, service of notice, abating the nuisance and attorneys'
fees), together with a penalty of 10% of the cost thereof, shall be
collected by the Township from such person, firm, or corporation,
in the manner provided by law for the collection of municipal claims.
2.
All costs and expenses incurred by the Township in the abatement
of such nuisance shall be a municipal lien upon the property; and
whenever a bill therefor remains unpaid for a period of 60 days after
it has been rendered, the Township may file a municipal claim for
such costs and expenses, together with a penalty of 10% thereon, in
the manner provided by law for the collection of municipal claims.
3.
Alternatively, the Township may file an action in assumpsit for collection
of the amount due, including attorneys' fees and costs, without filing
a municipal claim.
[Ord. No. 219, 12/11/2017]
1.
Failure to abate any such nuisance in accordance with the requirements of the notice issued under § 10-503 shall constitute a violation of this Part and such violator, in addition to payment of the costs and expense referred to in § 10-504, including attorneys' fees, shall, for every such violation, upon conviction of a summary offense before a District Justice, be sentenced to pay a fine or penalty of not less than $100 per day nor more than $1,000 plus costs and any attorneys' fees incurred in the prosecution of such violation. Each day's continuance of a violation of any provision of this Part, after the expiration of the ten-day period referred to in § 10-503, shall constitute a separate violation punishable by a separate fine or penalty.
2.
In addition to the penalty provisions hereinabove, the Township Manager
or his or her designee may institute proceedings in equity to compel
compliance with this Part.
[Ord. No. 227, 12/10/2018]
1.
In the event that Township receives a written notice from the Pennsylvania
Department of Agriculture that a person, firm or corporation occupying
property located in East Coventry Township has failed to comply with
a control order issued by the Department of Agriculture, and the Department
of Agriculture requires that the Township carry out the treatment
measures established by the control order, the Township, its employees
or agents may enter upon the property that is the subject of the control
order to implement the treatment measures.
2.
All costs and expenses incurred by the Township in the implementation
of such treatment measures (including attorneys' fees), together with
a penalty of 10% of the cost thereof, shall be collected by the Township
from such person, firm, or corporation, in the manner provided by
law for the collection of municipal claims. All such costs, expenses
and penalties shall be a municipal lien upon the property, and the
Township shall be entitled to pursue all remedies as provided in this
Part and under applicable law for the collection thereof.
