[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township 4-4-2011 by Ord. No. 3-2011. Amendments noted where applicable.]
A. 
No person, firm, or corporation, owning or occupying any property within the Township of Colebrookdale, shall permit any grass or weeds or other vegetation whatsoever (except edible vegetation or vegetation planted for some useful or ornamental purpose) to grow on its property to a height in excess of eight inches. No such person, firm, or corporation shall permit to grow upon property owned or occupied by it any grass, weeds, or other vegetation which emits any unpleasant or noxious odor or which conceals any filthy deposit. Any grass, weeds or other vegetation growing upon any premises in the Township in violation of any of the provisions of this § 163-1, is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township.
B. 
The owner or occupant of a property shall remove, trim or cut to a height of eight inches or less, all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of this chapter.
C. 
Any agricultural lands under active cultivation, or used for the raising of livestock, or lands used for the growing of fruits or vegetables of any kind, or any contiguous tract of land larger than one acre and held in single ownership, are exempt from the provisions of this chapter. Provided, however, that all areas of such lands within 50 feet of a residential structure shall be cut or trimmed as provided in this chapter.
No person, firm, or corporation owning or occupying any property within the Township of Colebrookdale, shall place or construct or permit to grow or remain upon his property, any weeds, grasses, shrubs, trees, vegetation, or other type of man-made or natural object which in any way obstructs or creates a hazardous condition to travel on any of the streets and highways in the Township.
The record owner(s) of real estate situate within Colebrookdale Township shall be ultimately responsible to maintain his property as provided in this chapter. The owner may contract with a tenant occupying the owner's real estate to maintain the property of the owner as provided in this chapter. In the event, however, that the tenant fails to maintain the property as provided in this chapter, the owner shall be responsible to maintain the property as provided in this chapter.
A. 
The Code Enforcement Officer (or the Assistant Code Enforcement Officer) shall have the authority 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, shrubs, trees, other vegetation, or other natural or man-made object is growing or remaining in violation of the provisions of this chapter. Notification by hand delivery shall include, among other things, affixing a written notice of violation to the front door (or main entry door) of the residence or office of any owner, occupant, or other responsible person charged with violating the provisions of this chapter. Said notice shall:
(1) 
Direct and require such owner or occupant to remove the condition, or trim or cut such grass, weeds, shrubs, trees, or other vegetation, so as to conform to the requirements of this chapter, within 10 business days after the issuance of such notice.
(2) 
Notify such owner or occupant that he/she is in violation of the provisions of this chapter and that if he/she shall pay a penalty in the amount of $35 at the Administrative Office of the Township, 765 West Philadelphia Avenue, Boyertown, Pennsylvania 19512, within 10 business days of the date of issuance of the notice of violation, such penalty shall be deemed as and shall constitute the full penalty for that violation.
B. 
Any person charged with a violation of the provisions of this chapter for a second time during a single growing season shall pay a penalty of $50 for a second violation. Any person charged with a third or subsequent violation of this chapter during a single growing season shall pay a penalty of $100 per violation for the third or each subsequent violation. For the purposes of this chapter a growing season shall be deemed to be that period of each year between April 1 and October 31.
C. 
Any person notified of a violation of this chapter as provided in Subsection A or B, above, who fails to trim or cut his/her grass, weeds, shrubs, trees or other vegetation so as to confirm with the requirements of this chapter, who fails to remove the cited condition, or who fails to make payment in full of the penalty imposed for the violation within 10 business days of the date of issuance of the notice of violation, upon citation duly issued to him/her shall, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Each day that a violation continues shall constitute a separate offense.
E. 
In case any person, firm or corporation shall neglect, fail or refuse to comply with the notice to remove a condition or to trim or cut his/her grass, weeds, shrubs, trees, or other vegetation within the period of time stated in the notice described in this Subsection A above, the Township authorities may remove the condition, or trim or cut such grass, weeds, shrubs, trees, or other vegetation. In that event the cost thereof, together with an additional penalty of 10%, may be collected by the Township from such person, firm or corporation who is the record owner of the property, in the manner provided by law.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Board of Commissioners hereby declares that i) weeds and grasses which are permitted to grow unchecked and uncut to a height of more than six inches in the cracks in sidewalks, in the area where the surface of the road meets the curb, or in the area between the sidewalk and curb, ii) shrubbery which is permitted to grow over the sidewalk, and iii) trees or shrubs with branches that hang so low over the sidewalk as to be a hazard to persons walking on the sidewalk is a public nuisance. In addition to being a general eyesore, it detracts from the value of homes in the neighborhood, it detracts from the overall appeal of the neighborhood itself, it is a safety hazard to persons walking on the sidewalk, it can serve as a harborage for ticks (including deer ticks) and rodents, and, in the case of low-hanging tree branches, it can strike persons walking on the sidewalk in the face or in the eye creating a risk of serious injury.
B. 
The record owner(s) of real estate situate within Colebrookdale Township shall be responsible to remove weeds, grass, and other obstructions caused by low hanging tree branches, or shrubbery which is allowed to grow out and encroach into the sidewalk as provided in this chapter.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this chapter. It is hereby declared as the intent of the Board of Commissioners that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part hereof not been included herein.
Colebrookdale Township Ordinance No. 4-2002, and all other ordinances or parts of ordinances which are contrary to the provisions of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect.