[HISTORY: Adopted by the Borough Council of the Borough of Elverson 8-1-1960 by Ord. No. 60-1; amended in its entirety at time of adoption of Code (see Ch. 1, General Provision, Art. I). Subsequent amendments noted where applicable.]
No person, partnership, firm or corporation shall permit the following growths and vegetation, which are hereby declared to be a detriment to the environment of the Borough of Elverson. No person, firm or corporation owning or occupying any property within the Borough of Elverson shall permit any grass or weeds, or any 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 seven 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 any other vegetation growing upon any premises in the Borough in violation of any of the provisions of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Borough.
A. 
The owner of any premises, as to vacant premises or premises occupied by the owner, and the occupant thereof, in case 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 the first section of this chapter.
B. 
Furthermore, any such brush, weeds or grass shall be cut or mowed at least one time on or before June 1 of each year, regardless of height or length, and at least one other time on or before August 15 of each year, regardless of height or length.
Any weeds, including but not limited to jimson, burdock, ragweed, thistle, cocklebur or other weeds of like kind, or any vines, grasses or other noxious or objectionable vegetation (including normal grass lawn areas) in excess of seven inches in height, or any bamboo growing on any lot or tract of ground in the Borough, are hereby declared to be a public nuisance and health hazard. It is hereby declared to be unlawful for any property owner or occupant to permit any such weeds, vines, grasses or other objectionable vegetation to grow or remain on any lot or tract of ground in the Borough.
A. 
The following areas and vegetation shall be exempt from the requirements of § 99-3 herein:
(1) 
Woodlands, trees, shrubbery, ornamental grasses used for landscaping purposes, cultivated gardens, flower beds and vegetable gardens, wildflower gardens or meadows;
(2) 
Steep slopes, wetlands, floodplains, riparian corridors, areas within 15 feet of a watercourse, pond or lake, and areas where stormwater management or conservation/wildlife management plans have been established, where such prohibition would be detrimental to the proper environmental functioning of said areas; and
(3) 
Land actively cultivated for crop production or actively utilized as pasture.
B. 
In addition, noxious vegetation, as defined in the Borough of Elverson Subdivision and Land Development Ordinance (Chapter 240, Subdivision and Land Development, of this Code) or the Pennsylvania Noxious Weed Control Law (3 Pa.C.S.A. § 1501 et seq.) is prohibited on any property in the Borough.
C. 
Notwithstanding any of the foregoing exemptions, no exempt areas or vegetation shall be in a condition or allowed to grow upon any property in the Borough which would obstruct clear and safe sight distance along any public or private roadway within the Borough.
The following special regulations pertain to bamboo, as herein defined. The purpose of the regulation is to preserve and protect private and public property and indigenous plants from the damaging spread of bamboo.
A. 
Definitions. As used in this chapter, bamboo is defined as follows:
BAMBOO
Any monopodial (running) tropical or semitropical grasses from the genre Bambusa, including but not limited Bambusa, Phyllostachys, and Pseudosasa, as well as common bamboo, golden bamboo, and arrow bamboo.
B. 
Prohibition. Upon the effective date of this chapter, the planting or growing of bamboo shall be prohibited within the Borough. Any person who thereafter plants or grows, or causes to be planted or grown, bamboo within the Borough shall be deemed in violation of this chapter and shall be subject to such penalties as are set forth herein.
C. 
Regulation. Any bamboo that has been planted or otherwise permitted to grow on any lot or tract of ground within the Borough prior to the effective date of this chapter may remain on such lot or tract of ground, subject to compliance with the following:
(1) 
Bamboo shall not be planted, maintained or otherwise permitted to exist within four feet of the edge of the pavement or traveled portion of a public or private road or sidewalk in the Borough, within 40 feet of the property line of any Borough/public property, or within 25 feet of the property line of an adjoining or neighboring property.
(2) 
Each property owner shall be required to take such measures as are reasonably expected to prevent such bamboo from invading the setbacks set forth in Subsection C(1) above. Such measures shall include, but are not limited to, installation of sheathing comprised of metal or other material impenetrable by bamboo at a sufficient depth within the property line or lines where the bamboo is planted or is growing to prevent such growth or encroachment upon adjoining or neighboring properties.
D. 
Removal from Borough property.
(1) 
In the event that bamboo growing on a lot or tract of ground invades or spreads onto adjoining or neighboring property that is owned or held on behalf of the Borough, the Borough shall notify the property owner in writing that the bamboo has invaded the Borough property and that the property owner is responsible for the removal of such bamboo from the Borough property. This notice shall be sent via certified mail, return receipt requested, and by regular mail to the latest address of the property owner on file with the Borough, and a copy of the notice shall also be posted at the property upon which bamboo is growing or has spread.
(2) 
In the event that the owner of the property upon which bamboo is growing does not remove or contract for the removal of the bamboo from the Borough property, or does not make an arrangement agreeable to the Borough for removal of such bamboo within 30 days from the date the Borough first provided notice pursuant to the above, the Borough, at its discretion, may remove or arrange for the removal of such bamboo from the Borough property. The owner of property upon which bamboo is growing shall be liable and responsible to the Borough for the cost incurred for removal of the bamboo from the Borough property. Such costs, if unpaid 30 days after the Borough's written request for payment, shall constitute a lien on the property and may be collected in the manner provided by law for the collection of municipal claims and may include attorneys' fees and an administrative fee of 10%.
E. 
Replanting prohibited. Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this chapter may not be replanted or replaced once such bamboo is or has become, for any reason, destroyed, uprooted or otherwise removed.
A. 
The Code Enforcement Officer of the Borough designated for this purpose is hereby authorized to issue notices of violation to the owner or occupant of any such property whereon grass, weeds or other vegetation is growing or remains in violation of this chapter. Notice shall be provided as follows:
(1) 
By sending written notice of violation by personal service or by certified mail and first class mail to the last known address of the owner of the property or, for foreclosed properties, to the lending institution or its agent.
(2) 
If the certified mail and first class mail are returned as undeliverable or if, in the judgment of the Borough, 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 Borough 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.
B. 
The notice shall specify the nature of the violation and shall direct and require such owner or occupant to remove, trim or cut such grass, weeds, bamboo or vegetation and abate the violation so as to conform to the requirements of this chapter within 10 days after issuance of such notice.
C. 
The owner/occupant of any property or, in the case of foreclosure, the lending institution or its agent shall receive one notice of violation of this section per season. Additional or ongoing violations during the same season shall be subject to the issuance of citations without further notice.
In the event that any person shall refuse or neglect to abate such nuisance within the time set forth in the notice set forth in § 99-6 (or as specified by a court), the Borough may cause such grass, weeds, noxious plants or bamboo to be cut or removed and charge the owner of the property for the cost thereof, plus an administrative fee of 10%. The property owner shall reimburse the Borough for all such costs and expenses within 30 days of receipt of a written demand for payment by the Borough. If the property owner fails to reimburse the Borough as set forth herein, all such costs and expenses incurred by the Borough for the trimming or removal of such grass, weeds, noxious plants or bamboo shall be a lien upon the property, and the Borough may file a municipal claim for such costs and expenses, including attorneys' fees, together with an administrative fee of 10% thereon, in the manner provided by law for the filing and collection of municipal claims.
In addition to the costs and expenses referred to in § 99-7, any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Chester County.
The provisions of this chapter are intended to be severable, and if any section, sentence, clause, part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this chapter. It is hereby declared to be the intent of the Council that this chapter would have been adopted even if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.
The failure of the Borough to enforce any provision of this chapter shall not constitute a waiver by the Borough of its rights of future enforcement hereunder.
This chapter shall take effect and be in full force and effect immediately after its enactment.
All other ordinances and resolutions or parts thereon insofar as they are inconsistent with this chapter are hereby repealed.