Borough of Green Lane, PA Property Maintenance

All sidewalks, steps, driveways, parking spaces and similar paved areas for public use shall be maintained free of overhanging trees and shrubs which obstruct walkways, impinge upon the ability of motorists to see street signs and hinder their vision at intersections. In all situations, it shall be the duty and responsibility of every owner of property within the Borough to keep all trees and shrubs trimmed in such a manner that there is a clearance of at least 15 feet above any street or alley and a clearance of at least eight feet over any sidewalk. Whenever the Code Enforcement Officer or member of the police agency providing law enforcement services within the Borough determines that an obstruction as set forth herein exists, he or the Borough Office shall serve the owner of the property upon which such condition exists, in the fashion set forth in § 294-3 of this article, within 72 hours from the time of such service being, in all instances, the period of time within which the violation must be corrected.

§ 294-2 Obligation to cut weeds.

All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees and shrubs; provided, however, that this term shall not include cultivated flowers and gardens. Whenever the Code Enforcement Officer or a member of the policy agency providing law enforcement services within the Borough determines that a violation of this section exists, he shall serve the owner of the property upon which the condition exists, in the fashion set forth in § 294-3 of this article, within 72 hours from the time of such service being, in all instances, the period of time within which the violation must be corrected.

§ 294-3 Notice.

[Amended 10-13-2022 by Ord. No. 2022-02]

Such notice as is prescribed in §§ 294-1 and 294-2 of this article shall:

(1)

Be in writing.

(2)

Include a description of the real estate sufficient for identification.

(3)

Include a statement of the reason why the notice is being issued.

(4)

Include a correction order allowing 72 hours for the defect complained of to be corrected.

(5)

Include notice of those penalties that may be levied against the owner should he fail to comply with the correction order.

The notice provided for by §§ 294-1 and 294-2 of this article shall be served on the owner of the property upon which the offensive condition is alleged to exist by the Code Enforcement Officer or any member of the Police Department who observes the condition or by the Borough Office by delivering a copy thereof to any adult member of the household available for receipt thereof or, in the alternative, if no member of the household is available for receipt thereof or, in the alternative, if no member of the household is available, by posting a copy thereof in a conspicuous location in and about the main entry door to the premises. The compliance period shall commence upon service of the notice.

§ 294-4 Violations and penalties.

Any person who shall violate § 294-1 or 294-2 of this article shall upon conviction after summary trial be sentenced to a fine of not less than $100 nor more than $1,000 or imprisonment for a term not to exceed 30 days, or both, at the discretion of the Court. Each day that a violation continues, after due notice thereof has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.

§ 294-5 Alternate remedy.

In addition to the legal remedy vested in the Borough by § 294-4 hereof for failure of any person to comply with a violation order, the Borough may, through its Code Enforcement Officer, cause the trimming of overhanging trees and shrubs which are obstructing walkways, impinging upon the ability of motorists to see traffic signs or obstructing their vision at intersections; or cause the cutting or cleaning of weeds on properties within the Borough and collect the expenses thereof, with any additional amount allowed by law, from the owner of the property on which such violation exists, such collection to be by means of an action at law for quantum meruit as established by the Pennsylvania Rules of Civil Procedure or by way of the recordation of a municipal lien against the subject property as such lieus are provided for by act of Assembly.