[HISTORY: Adopted by the Board of Supervisors of the Township of Spring 5-12-2003 by Ord. No. 295 (Ch. XIV, Part 1, of the 2013 Code of Ordinances). Amendments noted where applicable.]
[Amended 5-24-2010 by Ord. No. 376; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person, firm, corporation or other entity owning or occupying any real property (the "premises") within the Township of Spring, Berks County, Pennsylvania, (the "Township") excepting only a premises being used or occupied for agricultural purposes in accordance with sound agricultural practices, shall permit any grass, weeds or vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such premises to exceed a height of eight inches on any property, the principal use of which is residential, and to exceed a height of 18 inches on any property, the principal use of which is other than residential, 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 a premises in the Township, excepting only a premises being used or occupied for agricultural purposes in accordance with sound agricultural practices, in violation of any of the provisions of this chapter is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township.
The Board of Supervisors shall have the sole and exclusive right to exempt any premises from the above provisions based upon their conclusion that: i) an exemption is warranted due to the environment and aesthetic benefits as well as considerations of economic efficiency as a result of the premises being allowed to become a meadow; and ii) such exemption shall not be detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township. Said exemption may be revoked at any time in the sole and absolute discretion of the Board of Supervisors.
The Board of Supervisors, or any officer or employee of the Township designated thereby for this purpose, is hereby authorized to give notice (the "notice"), by personal service or by United States mail, to the owner or occupant, as the case may be, of a premises not so exempted whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 215-1 of this chapter. Said notice shall direct and require such owner or occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this chapter, within seven days after issuance of such notice. Whenever, in the judgment of the Board of Supervisors, or any officer or employee of the Township designated thereby for this purpose, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Board of Supervisors, or any officer or employee of the Township designated thereby for that purpose, shall give notice by posting conspicuously on the premises where such nuisance exists. Said posted notice shall direct and require that such nuisance be abated within seven days. In case any person, firm, corporation or other entity shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Board of Supervisors, or any officer or employee of the Township designated thereby for this purpose, may order the removal, trimming or cutting of such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof plus attorney's fees, shall be collected by the Township from such person, firm, corporation or other entity, in the manner provided by law. The taking of actions as herein stated shall not preclude the Township from instituting summary proceedings against any person, firm corporation or other entity in violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm, corporation or other entity who shall violate any provision of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be subject to the penalty provisions of § 1-12, Summary offenses, of the Code of the Township of Spring. Each day that a violation of this chapter continues after notice shall constitute a separate offense. The penalties referred to in § 215-4 of this chapter are in addition to the Township's recovery of costs and charges referred to in this § 215-5.
If any sentence, clause, or section 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, or sections of this chapter. It is hereby declared as the intent of the Board of Supervisors that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.