[Ord. 289, 4/6/1959]
No person, firm or corporation owning or occupying any property
within the Borough of Nazareth 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 six inches or to throw off any unpleasant or noxious
odor 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 Section
is hereby declared to be a nuisance and detrimental to the safety,
cleanliness and comfort of the inhabitants of the Borough.
[Ord. 289, 4/6/1959]
The owner of any premises, as to vacant premises or premises occupied by the owner, and the occupant thereof, in case of premises occupied by other than the owner thereof, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 10-102 hereof.
[Ord. 289, 4/6/1959]
The Borough Council, or any officer or employee of the Borough designated thereby for the 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 § 10-101 hereof, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation, so as to conform to the requirements of this Part 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, trim or cut such grass, weeds or vegetation, and the cost thereof, together with any additional penalty authorized by law, may be collected by the Borough from such person, firm or corporation, in the manner provided by law.
[Ord. 756, 1/4/2010]
If an owner or occupant is given notice in accordance with § 10-103 of this Part and fails to conform to the requirements of this Part within five days after the issuance of such notice, that shall be considered an incident. If a second notice is issued to the same owner or occupant in accordance with § 10-103 of this Part for a new failure to conform to the requirements of this Part, that shall be considered a second incident. If a third notice is issued to the same owner or occupant in accordance with § 10-103 of this Part for a new failure to conform to the requirements of this Part, that shall be considered a third incident. After three incidents in any twelve-month period by an owner or an occupant documented by the Enforcement Officer, the owner or occupant shall post with the Borough a sufficient Bond to secure performance of the work required to maintain the subject premises in accordance with § 10-101 of this Part. If the owner or occupant fails to post a Bond, that failure constitutes a violation of this Ordinance and subjects the owner or occupant to the penalties provided in § 10-105 of this Part.
[Ord. 289, 4/6/1959; as amended by Ord. 362, 7/3/1967; by Ord. 565, 8/1/1988; and by Ord.
595, 10/7/1991]
1.
Any person
who shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine not exceeding $600 and costs and,
in default of payment thereof, be subject to imprisonment for a term
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
2.
Such fine and costs may be imposed in addition to the cost of removal, trimming or cutting, and the additional penalty imposed provided in § 10-103. On the other hand, prosecution may be instituted and proceeded with under this Section without the Borough's taking any under § 10-103 for such removal, trimming and/or cutting.
