[Ord. 422, 7/9/1997]
Whereas the Board of Supervisors has determined that the growth
of brush, grass and weeds may be detrimental to the health and safety
of the citizens by producing aggravating pollens, providing harborage
for insects and rodents, creating hazardous conditions or obscuring
sidewalks, roadways, signage and traffic signals, it is hereby declared
to be a policy to safeguard and protect the citizens of Northampton
Township from such hazards and/or nuisances.
[Ord. 422, 7/9/1997]
The following words, terms or phrases when used in this Part
shall have the following meanings prescribed to them:
Various green plants with blade-like leaves.
Harmful, distasteful, allergenic or obnoxious plants, such
as, but not limited to, ragweed, goldenrod, timothy, rye grass, Canada
thistle, Kentucky blue grass, Bermuda grass, poison ivy, poison oak,
poison sumac, chicory, succory, blue daisies or other obnoxious, noxious
or objectionable vegetation.
Any individual, partnership, association, syndicate, company,
firm, trust, corporation, department, bureau, agency or other entity,
recognized by law, as a subject of rights and duties.
Wild vegetation having little or no value.
[Ord. 422, 7/9/1997; as amended by Ord. 476, 7/11/2001]
1.
No person, being the owner or occupant of a parcel or tract of land
with an area of less than five acres in Northampton Township, shall
permit weeds, tall grasses, noxious plants or objectionable vegetation
on such parcel or tract of land or any part thereof to grow in excess
of 12 inches in height or grow in such a manner as shall, in the judgment
of the Code Enforcement Officer, be prejudicial to the public health
or be a safety hazard.
2.
No person, being the owner or occupant of a parcel or tract of land
with an area of five acres or more in Northampton Township, shall
permit weeds, tall grasses, noxious plants or objectionable vegetation
on such parcel or tract of land or any part thereof within 50 feet
of an adjoining residential property, to grow in excess of 12 inches
in height or grow in such a manner as shall, in the judgment of the
Code Enforcement Officer or his/her designee, be prejudicial to the
public health or be a safety hazard.
[Ord. 422, 7/9/1997]
Whenever the Code Enforcement Officer of Northampton Township
or his/her designee shall consider the growth of ragweed, goldenrod,
timothy, rye grass, Canadian thistle, Kentucky blue grass, Bermuda
grass, poison ivy, poison oak, poison sumac, chicory, succory, blue
daisies or other obnoxious, noxious, allergenic or objectionable vegetation
to be in excess of 12 inches in height on any premises as aforesaid,
to be prejudicial to the public health or be a safety hazard, and
that continued growth would have a detrimental effect on the welfare
of the inhabitants of the Township, the Code Enforcement Officer may
declare the same to be a public nuisance.
[Ord. 422, 7/9/1997]
Whenever the Code Enforcement Officer of Northampton Township
or his/her designee has declared the growth of ragweed, goldenrod,
timothy, rye grass, Canada thistle, Kentucky blue grass, Bermuda grass,
poison ivy, poison oak, poison sumac, chicory, succory, blue daisies
or other obnoxious, noxious or objectionable vegetation on any premises
to be a public nuisance and in violation of this Part, the service
of such notice shall be made upon the owner or occupant of said premises
either by registered mail or by hand delivering the notice to such
owner or occupant personally or by delivering such notice to any adult
person in charge of said premises or, in case no such person is found
on the premises, by posting such a notice upon said premises.
[Ord. 422, 7/9/1997]
1.
If an owner or occupant neglects or refuses to comply with the order
of the Code Enforcement Officer of Northampton Township for the abatement
or the removal thereof within a period of five days as required by
such notice, the Code Enforcement Officer or his/her designee may
enter upon the premises to which such order relates and abate, remove
or cut such nuisance.
2.
The expense incident to such abatement, removal or cutting of weeds,
tall grasses or objectionable vegetation shall be paid by the owner
or occupant of such premises, and any such additional expense as may
be incurred by the Township, at a reasonable rate of cost thereof,
plus an additional charge of 20%, together with any penalty authorized;
the aforesaid bill amount to be collectible as municipal claims are
collected by law.
[Ord. 422, 7/9/1997]
1.
Useful Vegetation. Subject to judgment by the Code Enforcement Officer
or his/her designee, any grass, weeds or vegetation that can be shown
to have been planted and regularly cultivated for experimental, ornamental
or some other useful purpose shall be exempt from this Part.
2.
Exempt Areas. The following types of areas are exempt from the provisions
of this Part:
A.
All areas containing crops planted for some useful agricultural purpose.
B.
All wooded areas.
C.
All areas planted with vegetation designed to prevent erosion of
steep slopes.
D.
All State park lands.
E.
All areas adjacent within 20 feet of a stream.
F.
All mature hedge rows.
G.
All areas containing cultivated wild flowers and other ornamental
plantings.
H.
All areas determined to be wetlands.
I.
All stormwater management areas maintained as natural areas.
3.
Exemption Voided. This exemption shall be void should it be found
that the vegetation emits any unpleasant or noxious odor, conceals
vermin, litter or any filthy deposit, produces allergenic pollens
or has a detrimental impact on the public safety, health or welfare.
[Ord. 422, 7/9/1997; as amended by Ord. 476, 7/11/2001; and by Ord. 561, 4/25/2012]
In addition to the provisions contained in § 10-106, any person found in violation of any of the provisions 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.
