[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Windsor 3-9-2000 by Ord. No. 2000-01. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Lower Windsor Township Weed Control Ordinance."
The Board of Supervisors of Lower Windsor Township finds that the failure to cut and mow grass and weeds in residential, commercial and industrial areas of the Township creates a nuisance; is harmful to the health and well-being of the residents of Lower Windsor Township; and is contrary to the general welfare of the residents of the Township. Specifically, the failure to mow the grass and cut weeds in said areas:
A. 
Creates a nuisance in that weeds are permitted to go to seed and spread onto the lawns of neighbors;
B. 
Creates a health hazard in that overgrown lawns and weeds contribute to the amount and spread of pollen, affecting those who suffer from allergies;
C. 
Affects property values and appearances in nonagricultural areas;
D. 
Creates danger of crime where unkept lawns may give rise to an assumption that the premises are unoccupied;
E. 
Creates dangers in regard to property maintenance and health where tall grass and weeds near residences may hide garbage and debris which attract rodents; and
F. 
Affects the public welfare by reflecting negatively on property maintenance, the citizens, and the Township.
No person, firm, partnership or corporation owning or having a present interest in (including rental) or occupying any real estate within the Township of Lower Windsor shall permit any grass or weeds or vegetation whatsoever, not edible nor planted for some useful or ornamental purpose, to grow or remain on such premises, including any portion of the premises occupied by a street or alley, so as to exceed a height of 12 inches, or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or to produce pollen unless exempted by the provisions of § 456-5 of this chapter. All such vegetation is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township.
The owner of any such premises, whether occupied by the owner or not, and the occupant thereof in case of premises occupied by other than the owner thereof, shall have the duty to remove, trim or cut all such vegetation growing or remaining upon such premises in violation of the provisions of this chapter. Both the owner and the occupant in the case of premises occupied by other than the owner shall be responsible for the compliance with this chapter.
This article shall not be enforced with respect to weeds, grass or similar vegetation as heretofore defined when they are located in the following areas:
A. 
On lands which are being actively used for farming operations.
B. 
On lands included within the Lower Windsor Township Agricultural Security Area as created by Resolution No. 96-2.
C. 
On forested lands.
D. 
On other nonagricultural lands located more than 300 feet from the nearest occupied dwelling.
The growth of grass or weeds above the height of 12 inches in Lower Windsor Township, except as excepted in § 456-5 of this chapter, is hereby declared to be a nuisance. Failure of the landowner or occupant to remove, trim or cut said grass or weeds after notice given in accordance with § 456-7 shall constitute a violation of this chapter.
A. 
Wherever it shall be reported to, or observed by, the Township that any owner or occupant of real property has failed to comply with any of the terms of this chapter, Lower Windsor Township shall cause a written notice to be served upon the owner or occupant or both directing the owner or occupant or both to remove, trim, or cut such grass or weeds within five days.
B. 
Such notice may be mailed by United States Mail, first-class, postage prepaid; or by certified or registered mail; or, if the property is occupied, by posting the notice at a conspicuous place upon the affected property, or said notice may be personally handed to the owner or occupant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm, partnership or corporation who or which shall fail to mow the grass and to cut said weeds within five days after the date of mailing or posting or handing of the notice in accordance with the procedure specified in the previous section shall, upon conviction thereof, be guilty of a summary offense, and shall be sentenced to pay a fine of not more than $1,000. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
In the event of the failure of the owner and/or occupant to mow the grass and cut or remove the grass or weeds within five days of the date of the notice specified in § 456-7 of this chapter, Lower Windsor Township may have the grass mowed and weeds cut and bill the owner for the cost thereof plus a penalty of 10%. These costs and penalties shall be in addition to any fines for violations. Penalties may be collected by summary proceedings or in the manner provided for the collection of municipal claims or by an action in assumpsit without the filing of a claim or by any other procedure authorized by law.
In addition to the fines for violations, costs and penalties provided for by this chapter, Lower Windsor Township is hereby authorized to institute proceedings, in courts of equity to require owners and/or occupants of real estate to comply with the provisions of this chapter.
The cost of removal, fine, and penalties hereinabove mentioned may be entered by the Township as a lien against such property in accordance with existing provisions of law for the enforcement and collection of municipal claims.
This chapter is enacted as a property maintenance, health and public safety ordinance.
The Board of Supervisors of Lower Windsor Township may appoint or designate an Enforcement Officer whose responsibility it shall be to investigate, inspect, and enforce all of the provisions of this chapter.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed. Ordinance No. 85-1 is specifically repealed by this ordinance.
If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared as the intent of the Board of Supervisors that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
This chapter shall become effective five days after adoption.