[Adopted 8-22-1957 by Ord. No. 762; amended in its entirety 7-17-1997 by Ord. No. 1216 (Ch.
69, Art. II, of the 1966 Code)]
This article may also be known as the "Clearfield Borough Grass
and Weed Ordinance."
No person, firm or corporation, owning or occupying any property
within the Borough of Clearfield shall permit any grass, weeds or
any vegetation whatsoever not edible or planted for some 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 odors or to
conceal any filthy deposit or to create or produce pollen.
Any grass, weeds or other vegetation growing upon any premises
in the Borough in violation of any of the provisions of this article
is hereby declared to be a nuisance and detrimental to the health,
safety, cleanliness and comfort of the inhabitants of the Borough
of Clearfield.
[Amended 7-15-2010 by Ord. No. 1310]
A.
The owner of any lot, land or premises which is occupied by the owner,
the occupant of any lot, land or premises not occupied by the owner,
the owner of any lot, land or premises which is vacant and/or any
successor in title, whether or not said successor occupies the lot,
land or premises shall remove, trim or cut all grass, weeds or other
vegetation growing or remaining on such lot, land or premises in violation
of the provisions of this article or any other provision of the Code
of the Borough of Clearfield or any other Borough ordinance or applicable
regulation.
B.
The area commonly known as the "right-of-way," located along any
Borough street, being that area located between such street and any
public sidewalk, shall be maintained by the abutting or adjoining
property owner, the occupant of any abutting or adjoining property
when the same is not occupied by the owner and/or any successor in
title whether or not said successor resides physically on the abutting
or adjoining property. Maintenance shall include the removal, trimming
or cutting of all grass, weeds or other vegetation growing or remaining
within such area in violation of the provisions of this article or
any other provision of the Code of the Borough of Clearfield or any
other Borough ordinance or applicable regulation.
C.
The depositing of grass, weed cuttings or clippings of any form or
any other vegetation onto any Borough street, by any owner, occupant
and/or successor in title of any lot, land or premises within the
Borough or with the permission or consent of any such individual shall
be prohibited. The Clearfield Borough Code Enforcement Officer or
any other authorized individual shall be and is hereby empowered to
order the immediate removal of any such debris or material.
The Borough Council or any officer or employee of the Borough
designated thereby is hereby authorized to give notice, by personal
service or by United States Mail, to the owner, occupant or agent
representing the owner, as the case may be, of any premises whereon
grass, weeds or other vegetation is growing or remaining in violation
of the provisions of this article, directing and requiring such owners
or occupant to remove, cut or trim such grass, weeds or vegetation
so as to conform with the requirements of this article within five
days after issuance of such notice.
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 Authorities may remove, cut or trim such grass,
weeds or other vegetation, and the cost thereof, together with a penalty
of 10%, shall be collected by filing a municipal lien against the
property or by an action in assumpsit against said person, firm or
corporation.
Any person, firm or corporation who or which shall violate or
fail, neglect or refuse to comply with any of the provisions of this
article shall, upon conviction thereof, be sentenced to pay a fine
of not less than $50 nor more than $500, plus costs of prosecution,
provided that each day during which a violation exists shall be considered
a separate offense.
Each day's violation shall constitute a separate offense, and
notice to the offender shall not be necessary in order to constitute
an offense.
Article II of Ordinance No. 762, adopted 8-22-1957, and any other ordinance or parts of ordinances inconsistent herewith are hereby repealed.
