[HISTORY: Article I adopted by the Board of Supervisors of the Township of Upper Tulpehocken as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-9-2016 by Ord. No. 5-2016]
No person, firm, corporation or other entity owning or occupying any real property (the "premises") within all of the zoning districts (the "subject districts") of the Township of Upper Tulpehocken, Berks County, Pennsylvania, (the "Township") excepting only a premises being used or occupied primarily for agricultural purposes in accordance with sound agricultural practices, or meeting the definition of a "wetland," shall permit any grass, weeds or 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 10 inches, or to throw off any unpleasant or noxious odor, or to conceal any filthy deposit, or to create or produce pollen. Any grass, weeds or other vegetation growing upon a premises in the subject districts in the Township, excepting only a premises being used or occupied for agricultural purposes in accordance with sound agricultural practices, or meeting the definition of a "wetland" in violation of any of the provisions of this article, is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township.
The Board of Supervisors shall have the sole and exclusive right to exempt any premises from the above provisions based upon their conclusion that: an exemption is warranted due to the environment and aesthetic benefits as well as considerations of economic efficiency as a result of the premises being allowed to become a meadow, or remain as a wetland; and such exemption shall not be detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township. Said exemption may be revoked at any time in the sole and absolute discretion of the Board of Supervisors.
The owner of a premises not otherwise exempted above, or the occupant of a premises not so exempted, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 224-1 of this article.
The Board of Supervisors, or any officer or employee of the Township designated thereby for this purpose, is hereby authorized to give notice (the "notice"), by personal service or by United States mail, to the owner or occupant, as the case may be, of a premises not so exempted whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 224-1 of this article. Said notice shall direct and require such owner or occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this article, within seven days after issuance of such notice. Whenever, in the judgment of the Board of Supervisors, or any officer or employee of the Township designated thereby for this purpose, 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 Board of Supervisors, or any officer or employee of the Township designated thereby for that purpose, shall give notice by posting conspicuously on the premises where such nuisance exists. Said posted notice shall direct and require that such nuisance be abated within seven days. In case any person, firm, corporation or other entity shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Board of Supervisors, or any officer or employee of the Township designated thereby for this purpose, may order the removal, trimming or cutting of such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof plus attorney's fees, shall be collected by the Township from such person, firm, corporation or other entity, in the manner provided by law. The taking of actions as herein stated shall not preclude the Township from instituting summary proceedings against any person, firm, corporation or other entity in violation of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person or persons convicted of violating any of the provisions of this article shall be subject to a fine not to exceed $1,000 per violation, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the Berks County Prison to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under the Pennsylvania Rules of Criminal Procedure relating to trial in summary cases. Each day or portion thereof that a violation continues or is permitted to continue shall also constitute a separate offense. The penalties referred to in § 224-5 of this article are in addition to the Township's recovery of costs and charges referred to in § 224-4 of this article.
If any sentence, clause, or section of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, or sections of this article. It is hereby declared as the intent of the Board of Supervisors that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.