[HISTORY: Adopted by the Board of Supervisors of Caernarvon Township 5-24-2022 by Ord. No. 314. Amendments noted where applicable.]
A. 
Any weeds, including ragweed, thistle and other weeds of a like kind, and any grass or plants exceeding six inches in height or length (except as hereafter excluded) growing on any lot in Caernarvon Township are hereby declared to be a nuisance, unless the same are growing within a wooded area, are at least,[1] or on a lot of two acres or more.
[1]
Editor's Note: So in original.
B. 
No person, firm, corporation, agent, servant, representative, or employee owning or occupying any real property within Caernarvon Township shall permit poison ivy, ragweed, or other poisonous plants or plants detrimental to health to grow or remain upon any such real property in such a manner that they shall extend into or overhang any street, sidewalk, or public place.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
It shall be unlawful for any person who owns, resides on or operates a commercial or industrial enterprise on any lot within Caernarvon Township to permit any weeds, grass or plants (other than trees, bushes, flowers, agricultural products, ornamental plants, or grasses or plants grown as part of a farming operation or golf courses) to grow to a height or length exceeding six inches. Whenever any such weeds, grass or plants shall reach a height or length of six inches, they shall be immediately cut or mowed.
B. 
Furthermore, any such weeds, grass or plants growing on any lot in Caernarvon Township shall be cut or mowed at least one time on or before June 1 of each year, regardless of height or length, and at least one other time on or before August 15 of each year, regardless of height or length.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The owner and occupant of any real property shall trim, cut or remove all such grass, weeds, or similar vegetation, and all such poison ivy, ragweed, or other poisonous plants or plants detrimental to health growing or remaining upon such real property as often as may be necessary to bring such real property into compliance with the provisions of this chapter.
A. 
The Township Code Enforcement Officer is authorized to enforce the provisions of this chapter and is further authorized to serve notice or cause a notice to be served upon the owner or occupant of any lot upon which weeds, grass or plants are observed to be growing in violation of the provisions of this chapter and to demand abatement of the nuisance within seven days of the mailing of said notice.
B. 
Furthermore, if the nuisance has not been abated within the seven-day time period aforesaid, the Township shall have the right, upon order of a court of competent jurisdiction, to enter upon such lot and cut or mow the weeds, grass or plants growing in violation of the provisions of this chapter, and to collect the cost and expense of the abatement, which may include legal costs and the contract cost, or any wages and benefit expenses for time spent by Township employees, together with any administrative cost from the owner or occupier of the lot, in addition to any fine or penalty otherwise provided, in accordance with the provisions of the Second Class Township Code.[1] Such fees shall constitute a municipal claim that may be liened per the Municipal Claims and Tax Lien Law, 53 P.S. § 7101 et seq.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A chronic offender under this chapter shall be the owner and/ or occupant of any real property that has received two or more prior notices of violation of this chapter within any twelve-month period. For any such chronic offender, no formal written notice of the violation shall be required, and no time period need be given in order to correct the violation. The Township shall send a notice of the violation but may immediately proceed to prosecute the violation without providing time to cure the violation.
Any person who shall violate any provision of this chapter, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, shall be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. 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.
Nothing in this chapter shall affect in any way any wetlands regulations and, in the event of any such conflict, the wetlands regulations shall control. Should any party claim that the offending property is a wetlands property, that party shall produce evidence that the property has been formally classified as wetlands by an appropriate governmental agency.
If any section, sentence, clause or phrase of this chapter is held to be invalid or unconstitutional by any court or competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.
A. 
All ordinances inconsistent with the above provisions are repealed to the extent of their inconsistency.
B. 
Ordinance No. 30, entitled "Nuisances," is hereby repealed in its entirety.