[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; 9-11-2023 by Ord. No. 1576]
A.
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 shall constitute a separate offense.
B.
The Code Enforcement Official or Ephrata Borough Police Department
are hereby duly authorized to issue a ticket in a form established
by the Borough to any owner, occupant, or person violating the provisions
of this chapter. The ticket shall identify the address of the property
where the violation exists, as well as the nature of the violation.
The ticket may be handed to an owner or occupant of the property,
affixed to a door on the property where the violation exists fronting
a right-of-way, or conspicuously posted on the property. The ticket
shall instruct such violator that if he, she, or they reports to the
Borough office and pays to the Borough the sum of up to $100 for a
first offense, $150 for a second offense, and $200 for each subsequent
offense within a calendar year, within 10 days of the date of issuance
of the ticket, then such payment shall save such violator from prosecution
by a citation, which prosecution may result in court costs and attorneys'
fees being assessed against the violator in addition to the fine.
In any event, if a ticket is not paid in full within 10 days of issuance,
the official authorized to issue tickets shall issue a citation to
the violator, or initiate other appropriate enforcement action. Notwithstanding
the foregoing, the Code Enforcement Official or his designee(s) shall
have the sole and absolute discretion to issue a citation without
first issuing a ticket as provided for herein.
