No owner or occupier of land within Harborcreek Township shall
permit any grass or weeds or any vegetation whatsoever not edible
or planted for a useful or ornamental use to grow and remain upon
such premises so long as it exceeds a height of eight inches in the
following areas of the Township:
A. Within an area of 100 feet from any portion of an occupied or commercial
building; or
B. On lots within an approved and recorded subdivision; or
C. At intersections so as to create a clear sight distance issue if
visibility is restricted to less than 25 feet.
The owner(s) and/or occupant(s) are jointly and severally liable for the removal, trimming or cutting of the grass, weeds or vegetation growing or remaining upon such premises in violation of §
244-1, above.
The Township Supervisors or an employee designated by the Board of Supervisors is/are hereby authorized to issue written notice, by personal service or by mail, to the owner/occupier, as the case may be, of any premises whereon grass, weeds, or vegetation is growing or remaining in violation of §
244-1, above, directing that the grass, weeds, or vegetation be cut or removed within five days of receipt of the notice, with notice presumed to have been received within no more than two days after the date sent. Should the owner/occupier fail or refuse to comply with such notice within the period of time stated therein, the Township, its employees or agents may remove and/or cut the grass, weeds, or vegetation and the cost of removal, along with any penalty allowed by statute or ordinance, may be collected by the Township from such person in the manner provided by law, including reasonable attorneys' fees for prosecution.
Any person(s) violating any of the provisions of this chapter
shall, upon conviction in a summary proceeding before any Magisterial
District Judge of Erie County, Pennsylvania, having jurisdiction,
be sentenced to pay a fine to the use of the Township of not less
than $300 and not more than $600, along with all costs of prosecution
for each and every offense or, upon default in payment of the fine
and costs, shall be sentenced to imprisonment in the Erie County Prison
for a period of time not to exceed 30 days. Each day that such violation
of this chapter continues shall constitute a new and separate offense,
punishable by like fine, penalty or imprisonment. Nothing in this
section shall be construed to prohibit or limit the Township from
taking action to abate the nuisances identified herein prior to or
independent of summary proceedings for the violation of this chapter.
All ordinances or parts of any ordinances inconsistent herewith
are hereby repealed.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter or its application to any person property or circumstances
is for any reason held invalid or unconstitutional by any court, such
holding shall not be construed to affect the validity of any of the
remaining provisions of this chapter or its application, for such
portion shall be deemed separate, distinct and independent provision
from the remaining provisions which shall be and remain in full force
and effect.
This chapter shall become effective this 25th day of August,
2008.