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.
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.
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.
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.