[HISTORY: Adopted by the Mayor and Council of the Borough
of Hampton 10-14-2019 by Ord. No. 04-19. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any type of grass or weed, but not including crops grown
as a source of income, including but not limited to corn, oats or
barley.
Any plant likely to have an adverse effect on the health
or comfort of human beings, including but not limited to ragweed,
goldenrod, poison oak, poison ivy, and sumac (poisonous and nonpoisonous).
Grasses, annual plants and vegetation, other than trees or
shrubs; provided, however, that this term shall not include cultivated
flowers, vegetables, and gardens.
This chapter shall not apply to:
A.
Grass and weeds over 10 inches. It shall be unlawful for any owner,
lessee or occupant or any agent, servant, representative or employee
of any such owner, lessee or occupant having control of any occupied
or unoccupied lot or land or any part thereof, in the Borough, to
permit or maintain on any lot or land or on or along the sidewalk,
street or alley adjacent to the same any growth of grass, weeds or
any other vegetation to a greater height than 10 inches in any part
or portion of said lot or land, or any accumulation of weeds, grass
or brush.
B.
Poisonous or noxious plants. It shall be unlawful for owner, lessee
or occupant or any agent, servant, representative or employee of any
such owner, lessee or occupant having control of any occupied or unoccupied
lot or land or any part thereof, in the Borough, to cause, suffer
or allow poison ivy, ragweed or other poisonous and noxious plant
or plants detrimental to health to grow on any lot or land or along
the sidewalk, street, or alley adjacent to the same, or allow the
seed, pollen or other poisonous particles or emanations therefrom
to be carried through the air into any public place.
C.
Obstruction of public property or right-of-way. It shall be unlawful
for any owner, lessee or occupant or any agent, servant, representative
or employee of any such owner, lessee or occupant having control of
any occupied or unoccupied lot or land or any part thereof, in the
Borough, to cause, suffer, or allow vegetation to overhang or grow
onto or into any public property or right-of-way, including, but not
limited to, any public alley, land, sidewalk, or street, so as to
cause an obstruction to any person or vehicle using such property
or right-of-way.
D.
Dead, decaying, or diseased trees or vegetation. It shall be unlawful
for any owner, lessee or occupant or any agent, servant, representative
or employee of any such owner, lessee or occupant having control of
any occupied or unoccupied lot or land or any part thereof, in the
Borough, to cause, suffer, or allow dead, decayed, or diseased trees
or other vegetation to be present on any land or lot where such constitutes
a fire hazard or is a detriment to the public health, safety, or welfare.
A.
This chapter shall be enforced by the Borough Code Enforcement Officer,
Zoning Officer, Police Officers, or their designees.
A.
Notice of first offense. Any person violating the provisions of this
chapter shall be served with a notice to abate the condition within
10 calendar days. Failure to abate such condition shall result in
the issuance of summonses and the imposition of fines.
B.
For a second violation of this chapter within one year, any person
shall, upon conviction, pay a fine or penalty in the sum of $25 plus
applicable court costs.
C.
For a third or subsequent violation of this chapter within one year,
any person shall, upon conviction thereof, pay a fine or penalty as
follows: for a third offense within one year, the sum of up to $50
plus court costs; for a fourth offense within one year, the sum of
up to $300 plus court costs; for all subsequent offenses within one
year, the sum of up to $500 plus court costs.
D.
Each day that violations continue shall constitute a separate offense,
each day to be measured from the date the notice was received until
the date the violation is corrected.
E.
All notices required pursuant to this chapter shall be served within
any twelve-month period and this notice shall remain valid for the
ensuing twelve-month period as notice for any subsequent violations.
Such notices issued under this chapter may be served personally or
by certified mail.
Should the person upon whom such notice is served fail, neglect
or refuse to cut and remove or cause to be cut and removed or otherwise
destroyed such grass, weeds, rank vegetation, dead weeds, grass or
brush, poison ivy or other poisonous or noxious plant or plants as
hereinbefore described within 10 days after the service of such notice,
the Borough may cause such grass, weeds or vegetation to be cut and
removed. The actual cost of such cutting and removal shall be certified
by the Code Enforcement Officer to the collector of taxes and shall
become a lien on the property on which such grass, weeds, vegetation
or poisonous plants were located and shall be added to and form part
of the taxes next to be assessed on said lot or tract of land and
shall be collected and enforced by the same office and in the same
manner as taxes. The property in violation will be assessed a fee
of $100 per cutting and removal of items described in this subsection.
