[HISTORY: Adopted by the Board of Supervisors of the Township of Patton 7-8-1975 by Ord. No. 106. Amendments noted where applicable.]
No person, firm, partnership or corporation owning or having a present interest in or occupying any real estate in a C-1, C-2, I-1, I-RD, PAD, R-M and R-MHP Zone, and those parts of A-1 Districts which have been developed using R-1 area and bulk standards, or any lot in a residential subdivision in a PC, R-2 or R-3 Zone or any area in an R-1 zone where houses inhabited by humans are closer than 300 feet to each other, as defined in the Chapter 175, Zoning, as amended, shall, except as hereinafter provided, permit any grass or weeds or vegetation not eatable or planted for some useful or ornamental purpose to grow or remain on such premises, including any portion of the premises occupied by a street or alley, so as to exceed a height of six inches or to throw off any unpleasant or obnoxious odor or to conceal any debris or to create or to produce pollen. All such vegetation is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township.
[Amended 8-14-1996 by Ord. No. 96-330]
No such weeds, grass or similar vegetation as heretofore defined, shall come within the terms of this chapter except within a radius of 150 feet from a structure inhabited by humans and provided, further, that weeds or grass intermingled with growing cultivated crops or on premises adjacent to agricultural land or land in agricultural use shall not come within the provisions of this chapter.
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]
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.
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.
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.
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 § 58-4, 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:
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.
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]