[HISTORY: Adopted by the Borough Council of the Borough of
Mount Holly Springs as 6-2-1952; amended in its entirety 6-7-1965 by Ord. No. 306 (Ch. X of the 1979 Code of Ordinances).
Amendments noted where applicable.]
From and after the passage of this chapter it shall be unlawful
for any person, firm or corporation, owning or having a present interest
in any real estate in the Borough of Mount Holly Springs, to permit
any weeds or similar vegetation, not edible or planted for some useful
or ornamental purpose, to grow or remain upon such premises so as
to exceed a height of six inches, or to throw off any unpleasant or
noxious odor or to conceal any filthy deposit or create or produce
pollen. Provided: nothing herein shall apply to uncleared mountain
land or to any part of premises within the Borough more than 120 feet
in distance from any public road, street or alley in the Borough.
All vegetation growing or remaining contrary to the provisions of
this section is hereby declared to be a nuisance and detrimental to
the health, safety and comfort of the inhabitants of the Borough.
All weeds or other vegetation permitted to grow or remain contrary
to the provisions of this chapter may be cut and removed, under the
direction of Council and the cost thereof, together with the penalties
provided by law, shall be collected by lien or by action in assumpsit,
or in any such other manner that may be provided by law.
[Amended 9-11-1995 by Ord. No. 1995-06; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not less than $100 or not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough correctional
facility for a period not exceeding 10 days or to the county correctional
facility for a period not exceeding 30 days. Each day that such 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
Cumberland County
