[HISTORY: Adopted by the City of Council of the City of Chester 3-21-1979 by Ord. No. 13-1979 (Art. 1135 of the 1978 Codified Ordinances). Amendments noted where applicable.]
The growth, maintenance or accumulation of weeds, grasses, trees, vines, bushes or other vegetable growth upon any lot, yard, area or piece of ground within the City, is declared to constitute a public nuisance, wherever and whenever such growth causes or contributes to the causing of any of the following conditions to exist:
A. 
Encroaches upon any sidewalk, street, alley or roadway to the inconvenience, danger, annoyance or impediment of persons passing on such streets or sidewalks.
B. 
Prevents the clear view of motor traffic by users of adjoining streets.
C. 
Causes or aggravates hay fever or other allergy diseases.
D. 
Causes or tends to cause the breeding, growth or harboring of mosquitoes, flies or other insects.
E. 
Causes or tends to cause the breeding, growth or harboring of rats, mice or other rodents.
F. 
Causes or creates a fire hazard.
G. 
In any way is detrimental to the health or safety of the public.
H. 
Weeds or grass on any property located within the City that are in excess of six inches in height.
[Amended 2-24-2016 by Ord. No. 4-2016]
A. 
The owners of property located within the City shall cut the weeds that are in excess of six inches in height on such property.
B. 
Whenever any condition as set forth in § 168-1 is found to exist, any officer or employee of the Department of Public Safety may cause a printed ticket for such violation to be handed to the violator, left upon or affixed to the premises where such violation occurred, and mailed by certified mail to the listed address of the property owner on the Delaware County Real Estate Tax records. The ticket shall bear the date, the time and the nature of the violation, an order to abate the violation within a specified time, the fine prescribed pursuant to § 168-2B(2) below, and a reference to this chapter.
(1) 
Whoever receives such a ticket may within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of such ticket. Payment shall be made as directed on the ticket and the violator shall be furnished with an official receipt therefore, which shall constitute an admission of the violation charged but shall not excuse a continuing violation.
(2) 
Ticketed penalties for violations shall be in the following amounts:
(a) 
For the first offense of a violation of this chapter within a twelve-month period, violation tickets shall be issued in the amounts of $50;
(b) 
For the second offense of a violation of this chapter within a twelve-month period, violation tickets shall be issued in the amounts of $100;
(c) 
For the third and any subsequent offense of a violation of this chapter within a twelve-month period, violation tickets shall be issued in the amounts of $300.
(3) 
When a person has been notified in the manner set forth in this chapter and does not avail himself or herself of the penalty provision of Subsection B(1) hereof, a citation or summons shall be issued for such violation. Upon conviction on such summons or citation before the Magisterial District Justice, such person shall be subject to a penalty of not more than $1,000 and costs, and in default of payment thereof, imprisonment for a period of not more than 30 days. If the person named in the citation or summons fails to appear on the date specified therein, a warrant may be issued for his or her arrest.
[Amended 2-24-2016 by Ord. No. 4-2016]
If the violation notice is not complied with and the nuisance not abated as directed and the fines provided for in § 168-2 are not paid the Director of the Department of Public Safety or his duly authorized representative may at his discretion take either of the following actions:
A. 
File charges against the violator who upon conviction in a summary proceeding, shall be subject to a fine of not more than $1,000 and costs and in default of payment thereof, shall be imprisoned not more than 90 days.
B. 
Cause the condition to be removed or abated by the employees of the Department of Streets and Public Improvements, any duly authorized agent of the City or by any independent contractor authorized by the City. Thereafter, the owner, tenant, occupant or agent of the property shall be liable for the cost of such removal or abatement plus an administrative charge equal to 15% of such costs. The Director of the Department of Streets and Public Improvements shall then collect the same by civil action or he may direct the City Solicitor to file a lien against the property.