[HISTORY: Adopted by the Board of Supervisors of West Nantmeal Township 11-10-2014 by Ord. No. 118. Amendments noted where applicable.]
This chapter shall be referred to as the "West Nantmeal Township Weed Control Ordinance."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any landowner or occupant of property to allow any noxious plants to grow, remain or exist on a property at a height in excess of 12 inches or otherwise in such an offensive, unsafe or threatening manner or condition as to constitute a public nuisance. For purposes of this section, a "noxious plant" shall be defined to include all plants identified as noxious and injurious to the public health, crops, livestock, agricultural land or other property pursuant to the Pennsylvania Noxious Weed Control Law, 3 P.S. § 255.1 et seq. Controlled Plants and Noxious Weeds Law, 3 Pa.C.S.A. § 1501 et seq., as amended from time to time, and the regulations promulgated pursuant to the authority in such law.
Whenever any noxious plants are permitted to grow, remain or exist at a height in excess of 12 inches or otherwise in such manner as to be in violation of § 202-2 hereof, the Township shall cause notice, in writing, to be given to the owner or occupant of such property. The notice shall specify the type and location of the offending growth and require the removal or cutting of such noxious plants or the taking of some other remedial action within five days of the date of notice. Such notice shall be sent by registered or certified mail to the address listed in the tax records for the property. Failure of the owner or occupant to comply with the requirements of such notice within five days after receipt of the notice shall constitute a violation of this chapter.
In the event the owner or occupant fails, after proper notice, to comply with the notice and with the terms of this chapter, the Township may, at its own option, mow, destroy, dispose of, or otherwise act to abate the nuisance created by such noxious plants in such fashion as the Township shall see fit. Such action by the Township shall not relieve the owner or occupant of penalties for violation of this chapter. The Township may assess against the owner or occupant the costs that the Township incurred to remove the noxious plants from the property and bringing the property into compliance with the provisions of this chapter. Such costs may be recovered by proceeding against the owner or occupant in a civil action or by any other manner of proceeding available to the Township at law or equity.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any of the provisions or this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day that a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.