The owner of any such premises, whether occupied
by the owner or not, shall be responsible to remove, trim or cut all
such vegetation growing or remaining upon such premises in violation
of the provisions of the first section of this chapter. Both the owner
and the occupant, in the case of premises occupied by other than the
owner, shall be jointly responsible for the compliance with this chapter.
[Amended 9-8-2004 by Ord. No. 2004-436]
A. Upon the discovery
of the initial violation on a premises during a growing season (April
through October), the authorized agent of the Township shall give
a written notice of warning to the owner and/or occupant of such violation.
The owner and/or occupant shall then have 72 hours to abate such violation.
B. After a period
of no less than 72 hours after the issuance of the warning notice,
the Township’s authorized agent may inspect the premises for
compliance with this chapter.
(1) If, after
the 72 hours' warning time and within the same growing season, the
Township’s authorized agent observes the premises to be in violation,
an ordinance violation notice shall be issued to the owner and/or
occupant either by personal delivery, by the United State mail directed
to the last known address, or by posting the violation notice upon
the premises where such violation occurs. Each twenty-four-hour period
shall constitute a separate violation and an ordinance violation notice
may be issued every 24 hours.
(2) If such owner and/or occupant shall, within seven days after the delivery, mailing or leaving of such violation notice, pay to the Treasurer of the Township the sum of $35 for the violation, the same will constitute full satisfaction for the violation noted in said notice. The failure of such person to make payment, as aforesaid, within seven days shall render such owner and/or occupant subject to the penalties as provided for in §
148-4, Violations and penalties.
If any such owner and/or occupant shall neglect
to comply with such notice within the period of time stated herein,
the Township authorities shall have the following remedies:
A. They may remove,
spray, trim or cut such grass, weeds or vegetation so as to comply
with the provisions of this chapter, and the reasonable cost thereof,
together with an additional penalty of 10% of reasonable costs, may
be collected by the Township from such owner or occupant as a penalty
under the provisions of this chapter, or in any other manner provided
by law. This right as herein vested in the Township shall be in addition
to penalties prescribed by the provisions of this chapter for the
conviction of the owner or occupant as aforesaid to comply with the
terms of this chapter.
B. Any person, firm,
association or corporation who or which shall violate or fail, neglect
or refuse to comply with the provisions of this chapter shall, upon
conviction thereof, in a proceeding commenced before a Magisterial
District Judge pursuant to the Pennsylvania Rules of Criminal Procedures,
shall be sentenced to a fine of not less than $35 nor more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days, provided each day’s
violation shall constitute a separate offense and notice to the offender
shall not be necessary in order to constitute an offense.
[Amended 8-14-1996 by Ord. No. 96-330; 9-8-2004 by Ord. No. 2004-436]