[HISTORY: Adopted by the Borough Council of the Borough of Oakdale as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fences — See Ch. 154.
Trees — See Ch. 331.
[Adopted as Ch. 10, Part 2, of the 1995 Code of Ordinances]
From and after the enactment of this article, it shall be unlawful for any person, firm or corporation owning, leasing or otherwise having a present interest in real estate in the Borough of Oakdale to permit any grass or weeds or any vegetation whatsoever, not edible or planned for some useful or ornamental purpose, to grow or remain upon such premises so as to exceed a height of six inches, to throw off any unpleasant or noxious odor, to conceal unsanitary deposits or to create or produce pollen.
Any grass, weeds or vegetation growing upon any real estate in the Borough of Oakdale in violation of any of the provisions of § 250-1 hereof is hereby declared to be unlawful and to be a nuisance detrimental to the health, safety, cleanliness and comfort of residents of the Borough of Oakdale.
The owner of premises, either vacant or occupied by the owner thereof, and the occupant of premises occupied by other than the owner thereof shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 250-1 hereof.
[Amended 12-22-2010 by Ord. No. 2010-9]
The work mandated by § 250-3 hereof shall be done by the party responsible hereunder within 10 days after service of written notice from the Borough of Oakdale to do such work.
All such notices shall be served upon the owner of the premises to which the notice refers if such owner be a resident of Oakdale Borough. If the owner is not a resident, then the notice may be served upon the agent or tenant of the owner, or upon the occupant of such premises. If the owner has no agent or tenant, or there be no occupier of such premises, then service shall be done by printed or written notice posted upon the premises.
In case any person, firm or corporation shall neglect, fail or refuse to comply with such aforesaid notice, the proper authorities of the Borough of Oakdale may thereupon cause such grass, weeds or other vegetation to be removed, trimmed or cut. There is hereby imposed a 10% penalty, in addition to the actual cost the Borough of Oakdale may incur in the doing of such work, for each time the Borough shall cause such grass, weeds or vegetation to be removed, trimmed or cut, and the owner or occupant of the premises, as the case may be, shall be billed for such cost and penalty upon completion of the work.
Should any such bill for the removing, trimming or cutting of grass, weeds or vegetation be unpaid within the period of 30 days following the mailing of the bill for same by the Borough of Oakdale, the Borough of Oakdale may collect the actual cost of such work with 10% penalty added thereto as aforesaid, together with all costs, charges and expenses incident thereto, and may file a municipal claim therefor or collect the same by action in assumpsit.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day's violation shall be constituted a separate and distinct offense hereunder. Notice to the offender shall in no instance be required or necessary in establishment of the offense hereunder declared as such.
[Adopted 7-2-2015 by Ord. No. 2015-4]
A certain document, three copies of which are on file in the office of the Secretary of the Borough of Oakdale, being marked and designated as the International Property Maintenance Code, 2012 edition, as published by the International Code Council, Inc., be and is hereby adopted as the property maintenance code of the Borough of Oakdale, in the State of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures in the Borough of Oakdale; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 250-10 of this article.
The following sections are hereby revised:
A. 
Section 101.1. Insert: "Borough of Oakdale."
B. 
Section 106.4 (page 3, fourth line after). Insert: "or be subject to a fine not more than $1,000."
C. 
Section 302.4. Insert: "10 inches (254 mm)."
D. 
Section 304.14. Insert: "May 1 to October 1."
E. 
Section 602.3. Insert: "October 31 to April 1."
F. 
Section 602.4. Insert: "October 31 to April 1."
G. 
Section 112.4. Insert: "$1,000."
All ordinances or parts of ordinances in conflict herewith are hereby repealed. Specifically, Ordinance No. 2-2006, adopting the 2003 Edition of the International Property Maintenance Code, is hereby repealed and replaced by the within article.
If any section, subsection, sentence, clause or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The Council hereby declares that it would have passed this article, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clause or phrases be declared unconstitutional.
Nothing in this article or in the property maintenance code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in § 250-10 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
The Secretary shall certify to the adoption of this article and cause the same to be published as required by law, and this article shall take effect and be in full force and effect this 2nd day of July, 2015.