[Added 11-20-2018 by Ord. No. 1331, approved 11-20-2018]
The following words, when used in this article, shall have the meanings ascribed to them in this section:
- GROWING SEASON
- The growing season shall consist of the months from April 1 through October 31.
- Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the municipality as holding title to the property; or otherwise having control of the premises, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
- Any natural person, association, partnership, firm, corporation, government, educational institution, limited liability corporation, limited liability partnership or other legally recognized entity capable of entering into contracts.
- A lot, plot or parcel of land, whether improved or unimproved, including portions occupied by a street or alley and portions of land between sidewalks and streets.
- All grasses, annual and perennial plants, other than trees, shrubs or bushes provided; however, this term shall not include grasses and annual and perennial plants in prepared and maintained gardens.
No person shall permit any vegetation to grow or remain on such premises, including any portion of the premises, so as to exceed a height of 10 inches, or to conceal any solid waste, or to create or to produce pollen or in violation of Chapter 153, Visual Obstructions. All such vegetation is hereby declared to be a nuisance and detrimental to the health, safety and welfare of the residents of the Borough.
A person who is an owner of any premises shall remove, trim or cut all such vegetation growing or remaining upon such premises in violation of this chapter. The owner shall be responsible for the compliance with this article.
Upon the discovery of the initial violation on a premises during a growing season, the authorized agent of the Borough shall give a written notice of warning to the owner of such violation. The owner shall then have 48 hours to abate such violation.
After a period of no less than 48 hours after the issuance of the warning notice, the Borough's authorized agent may inspect the premises for compliance with this article. If, after the 48 hours' warning time and within the same growing season, the Borough's authorized agent observes the premises to again be in violation, an ordinance violation notice shall be issued to the owner either by personal delivery, by United States mail directed to the last known address based on Borough utility billing records and/or Monroe County Tax Assessment records, or by posting the violation notice upon the premises where such violation occurs. Each twenty-four-hour period shall constitute a separate violation and an ordinance violation notice may be issued every 24 hours. If such owner notified shall, within seven days after the delivery, mailing or posting of such violation notice, pay to the Treasurer of the Borough the sum of $50 for the violation, the same will constitute full satisfaction for the violation noted in said notice. The failure of such person to make payment, as aforesaid, within seven days shall render such owner and/or occupant subject to the penalties as provided for in § 122-26 below.
Signs, tags or seals posted or affixed by the Code Official shall not be mutilated, destroyed or tampered with, or removed without authorization from the Code Official.
Penalties for noncompliance with orders and notices shall be as set forth in § 122-26 below.
It shall be unlawful for the owner of any premises who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such premises to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
Any person, firm, partnership or corporation who or which shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine not less than $100 nor more than $600 and costs of suit. Each day's violation shall constitute a separate offense and notice to the offender shall not be necessary in order to constitute a separate offense, nor shall notice to the offender be necessary in order to constitute an offense. In default of payment of the penalty stated herein, such offender may be sentenced to imprisonment for a term not to exceed 30 days.
In addition to the penalties as hereinafter imposed above, if any owner or occupant shall neglect to comply with such notice within the period of time stated therein, the Borough may remove, trim or cut such grass, weeds or vegetation upon issuance of a court order so as to comply with the provisions of this article, and the cost thereof, together with any additional penalty authorized by law, may be collected by the Borough from such owner or occupant as a penalty under the provisions of this article, or in any other manner provided by law. This right, as herein vested in the Borough, shall be in addition to penalties prescribed by the provisions of this article for the failure of the owner or occupant, as aforesaid, to comply with the terms of this article.