[HISTORY: Adopted by the Borough Council of the Borough of Ephrata 6-11-1990 as Ord. No. 1188. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section:
- An individual, partnership, firm or corporation, and the singular shall include the plural, who is the owner, is occupying or is in possession of any property on which weeds are growing.
- Includes all rank vegetable growth, including but not limited to grass, ragweed, dandelion and miscellaneous other vegetation commonly referred to as "weeds" or "brush," which exhale unpleasant noxious odors or pollen or which may conceal filthy deposits or serve as breeding places for mosquitoes, other insects or vermin.
It shall be unlawful for any person owning, occupying or in possession of any property within the Borough of Ephrata to allow or maintain on such premises any growth of weeds to a height of over six (6) inches, and such growth of weeds is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the citizens of the borough.
The owner of any premises or the occupant of premises occupied by other than the owner shall cut and destroy or remove all weeds growing or remaining on such premises in violation of the provisions of § 129-2.
The borough shall notify a person, in writing, of a violation of this Article. Said notice shall direct and require such person to cut and destroy or remove said weeds within five (5) days after issuance of said notice. In the event of the failure of the person so notified to cut and destroy or remove said weeds within the period of time stated herein, the borough may cut, destroy or remove or have said weeds cut, destroyed or removed and bill said person for the cost thereof in accordance with § 129-5 hereof. In the event of subsequent violations in the same calendar year, the borough shall be authorized to cut, destroy or remove or to have said weeds cut, destroyed or removed without further notification to the person and bill said person for the cost thereof in accordance with § 129-5 hereof. In case of neglect or refusal of the person to pay said bill within thirty (30) days, said bill shall be subject in all respects to the general law provided for the filing and recovery of municipal liens.
The cost for service of the Borough of Ephrata as mentioned in § 129-4 hereof shall be as follows: said person shall be billed for the cost thereof at the rate to be established by the Borough Manager which would compensate the borough for both direct and indirect costs and expense incurred in cleaning said property.
[Amended 4-8-1996 by Ord. No. 1279; 6-11-2007 by Ord. No. 1425]
Any person or persons who shall violate any provision of this chapter shall, upon conviction, for each and every such violation or failure to comply be sentenced to pay a fine of not more than $1,000 and costs of prosecution. Each day that a violation of a provision of this chapter continues after notice shall constitute a separate offense.