[HISTORY: Adopted by the Council of the Borough of West Chester 12-10-1969 by Ord. No. 28-1969. Amendments noted where applicable.]
[Amended 6-13-1973; 5-10-1989 by Ord. No. 11-1989]
No person, firm or corporation owning or occupying any property within the Borough of West Chester shall permit any grass or weeds or any vegetation whatsoever, not grown for human consumption or planted for some useful or ornamental purpose, to grow or remain upon such premises so as to exceed a height of 10 inches or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or produce pollen. All such grass or weeds shall be cut not less often than on or before June 15 and August 15 of each year, but in any case shall not be permitted to exceed 10 inches in height at any time. 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 health, safety, cleanliness and comfort of the inhabitants of the borough.
The owner of any premises, as to vacant premises or premises occupied by the owner, or 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 § 41-1 of this chapter.
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 § 41-1 of this chapter, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this chapter 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 the law, may be collected by the borough from such person, firm or corporation in the manner provided by law.
[Amended 6-13-1973; 5-10-1989 by Ord. No. 11-1989; 3-17-1999 by Ord. No. 5-1999]
Any person who violates or permits the violation of any provision of this chapter shall, upon conviction thereof in a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $25 and not more than $1,000, plus the costs of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days. Each section or provision of this chapter that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $25 and not more than $1,000, plus the costs of prosecution, and, upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term not more than 30 days.