[HISTORY: Adopted by the Borough Council of the Borough of
Lansford 12-3-1968 by Ord. No.
29; amended in its entirety 1-7-1992 by Ord. No. 92-1 (Ch. 10, Part 1, of the
1992 Code of Ordinances). Subsequent amendments noted where applicable.]
A.
No person, firm or corporation owning or occupying any property within
the Borough of Lansford shall permit any grass or weeds or any vegetation
whatsoever, not edible or planted for some useful or ornamental purpose,
to grow or remain upon such premises so as to exceed a height of eight
inches; nor shall any noxious weeds prohibited by the Controlled Plants
and Noxious Weeds Law, 3 Pa.C.S.A. § 1501 et seq., or by
regulations of the Department of Agriculture be permitted to grow
within the Borough including:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any weeds or other vegetation growing upon any premises in the Borough
in violation of any of the provisions of this section is hereby declared
to be a nuisance and detrimental to the health, safety, cleanliness
and comfort of the inhabitants of the Borough.
The owner of any premises, or the occupant of premises occupied by other than the owner, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 233-1.
The Borough Council, or any officer or employee of the Borough designated thereby for this purpose, is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 233-1 of this chapter, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this chapter, within five days after issuance of such notice. Whenever, in the judgment of the Code Enforcement Officer, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Borough Council or any officer or employee of the Borough designated thereby for that purpose may give notice by posting conspicuously on the property where such nuisance exists a notice or order directing and requiring that such nuisance be abated within five days. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough Council may order the removal, trimming or cutting of such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof, shall be collected by the Borough from such person, firm or corporation, in the manner provided by law.
[Amended 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 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 Carbon County.
