[HISTORY: Adopted by the Board of Supervisors of the Township of North Whitehall 6-4-1997 by Ord. No. 1997-3. Amendments noted where applicable.]
The following words, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates or requires a different meaning:
PERSON
An individual, association, partnership or corporation.
TOWNSHIP
North Whitehall Township or the elected officials of North Whitehall Township or the officers and employees of North Whitehall Township.
No person owning real estate within North Whitehall Township shall permit the growth of any grass, weeds or similar vegetation exceeding a height of 12 inches within 150 feet of any developed parcel or tract of land or within 300 feet of any occupied structure, unless such premises is physically separated by a public street, railroad, stream, wooded area, hedgerow or similar type separation.
Within a residential development, no owner of a vacant building lot shall permit grass, weeds or similar vegetation to grow to a height in excess of 12 inches, regardless of the distance from developed parcels or tracts of land.
The following types of areas are exempt from the provisions of this chapter:
A. 
All areas containing crops planted for some useful purpose.
B. 
All wooded areas.
C. 
All erosion control filter strips.
D. 
All areas planted with vegetation designed to prevent erosion of steep slopes.
E. 
All state game lands.
F. 
All cultivated fields and similar areas used for agricultural purposes.
G. 
All areas adjacent to streams (within 20 feet).
H. 
All mature hedgerows.
I. 
All areas containing wildflowers and other ornamental plantings.
J. 
All areas determined to be wetlands.
K. 
All stormwater management areas maintained as natural areas.
A. 
This chapter shall be enforced by the Code Enforcement Officer of North Whitehall Township, who is hereby authorized to do so, or by any other person who is authorized or to whom such enforcement powers may have been delegated from time to time by a formal motion and approval thereof during a public meeting of the Board of Supervisors of North Whitehall Township. For the purposes of this section, such other person shall also be designated and referred to as the "Code Enforcement Officer," with the same powers of enforcement.
B. 
Whenever it appears to the Code Enforcement Officer that a violation of this chapter has or may have occurred, to achieve compliance with this chapter the Code Enforcement Officer shall commence and initiate a criminal enforcement proceeding before the Magisterial District Judge, in the name of and on behalf of North Whitehall Township. Before commencing any such enforcement action, the Code Enforcement Officer shall serve a notice of violation, by personal service or by United States Mail, upon the owner of the premises directing the owner of the premises to remove, trim, or cut the grass, weeds or vegetation so as to conform to the requirements and provisions of this chapter within five days of the date of the notice. It is the intent of this chapter that only one notice of violation need be given to any person during the same growing season and that no additional notices shall be required before penalties for violation of the provisions of this chapter may be imposed.
C. 
The amount of the fine for any violation or permitted violation of this chapter may be for any amount up to, but shall not exceed, $1,000 for each such violation, plus all court costs, including reasonable attorney's and Solicitor's fees which are incurred by North Whitehall Township in the investigation, commencement, preparation, and hearing or trial of any such enforcement action.
D. 
Each day during which any such violation or permitted violation of this chapter continues shall constitute and shall be deemed to be a separate violation within the meaning of this chapter. Each such continuing violation shall also be subject to the same criminal penalty as set forth in Subsection C above in any proceeding to enforce this chapter.
E. 
The Code Enforcement Officer shall determine the amount of the criminal penalty sought in any proceeding to enforce this chapter, subject to the maximum penalty amount as set forth in Subsection C above.
F. 
Any person (which term includes any kind or type of individual, partnership, corporation, or other legal entity) who or which has violated or permitted the violation of any of the provisions of this chapter, upon being found liable therefor in the aforesaid criminal enforcement proceeding commenced by North Whitehall Township, shall have a judgment entered against such person and in favor of North Whitehall Township, to pay the fine as determined by the Magisterial District Judge, plus all court costs and reasonable attorney's fees incurred by North Whitehall Township, as set forth in Subsection C hereof.
G. 
No judgment shall be imposed against the person(s) who are alleged to have violated the provisions of this chapter, until the date upon which the Magisterial District Judge determines that a violation has occurred.
H. 
If the person(s) against whom a judgment is obtained as a result of such an enforcement procedure under this chapter neither pays nor timely appeals the judgment, then at the expiration of such appeal period (typically 30 days), North Whitehall Township may proceed to enforce and collect the judgment.
I. 
If the person(s) against whom a judgment is entered fails to pay the prescribed fines, costs and fees within 30 days after judgment is entered, interest will accrue at 10% per year on the unpaid fines, costs and fees.
All other ordinances or parts of ordinances in conflict herewith in whole or in part are hereby repealed, but only to the extent of such conflict.
The provisions of this chapter hereby adopted shall not be construed to affect any suit or proceeding now pending in any court or any rights acquired or accrued or liability incurred or any cause or causes of action acquired or existing under any section, act, or ordinance hereby repealed as cited in this chapter; nor shall any just or legal right or remedy of any individual or entity of any character be lost, impaired, or affected by this chapter.
In the event that any provision, section, sentence, clause, or other part of this chapter, or any application thereof, is held to be invalid by a court of competent jurisdiction, then such invalidity shall not affect or impair any other remaining provision, section, sentence, clause, or other part of this chapter, or any application thereof, it being the express intent of the Township that the remainder of this chapter and its applications shall be and shall remain in full force and effect, as completely as if the part or parts or application held invalid had not been included herein.
This chapter shall take effect five days after the enactment thereof.
The Township Secretary to the Board of Supervisors of North Whitehall Township shall certify to the adoption of this chapter and shall cause the same to be filed and/or published as required by law.
The Township Secretary, the Township Solicitor, and the Code Enforcement Officer are hereby authorized and empowered to take actions, execute documents, and do things which are or appear to be convenient, necessary, or required to effectuate and implement the intent, purposes, and procedures of this chapter.