It shall be unlawful for any person, firm or
corporation owning or having an interest in real estate in the Borough
of Media to permit weeds and similar vegetation not edible or planted
for useful or ornamental purposes to grow beyond the height of 12
inches above the level of the ground and remain on the premises owned
by them in said borough after 10 days' notice from the borough to
cut and remove the same, and all such vegetation is hereby declared
to be detrimental to the health, safety and comfort of the inhabitants
of said borough and to be a nuisance after the lapse of the time fixed
for its removal.
All weeds or other vegetation permitted to grow
or remain contrary to the provisions of this chapter shall be cut
and removed by or under the direction of the President of the Council,
the Borough Engineer or the Board of Health or other person designated by them if the same has not
been cut by said owner after 10 days' notice so to do, and the cost
thereof shall be collected in the manner provided by law for collection
of municipal claims or by action in assumpsit.
[Added 12-17-1981 by Ord. No. 722; amended 11-9-1992 by Ord. No. 846; 6-20-1996 by Ord. No. 904]
Any person, firm or corporation who or which
shall violate any of the provisions of this chapter shall, upon conviction,
be punishable by a fine not exceeding $1,000, plus costs of prosecution
and, in default of payment of such fine and costs, by imprisonment
for a period not exceeding 90 days.
A. Service and notice of violation. All written notices
of violation of any provision of this chapter shall be deemed served:
(1) When delivered by hand to the alleged violator; or
(2) When regularly mailed to:
(a)
The alleged violator, or his agent;
(b)
The last-known residence of the alleged violator;
(c)
The usual place of business of the alleged violator;
or
(d)
Any adult person in charge of the premises where
the alleged violation exists.
B. Penalties and cease operations orders.
(1) In order to enforce penalties, the Board of Health
(or Media Borough Agent acting officially therefor) may, without further
notice, issue a cease operations order setting forth the unpaid fines
and/or court costs and cause the premises to be vacated of all employees,
patrons and occupants until all such charges are paid.
(2) Any cease operations order shall be posted at every
entrance to the premises in conspicuous places clearly visible to
the public and shall remain posted until removed by the Board of Health.
(a)
The violator shall promptly notify the Board
when payment has been made.
(b)
When the Board is satisfied that no unpaid fines/costs
remain, it shall remove every cease operations order which has been
posted.
C. Appeals.
(1) From license denial or revocation. Any person whose
application for any license has been denied, or whose license has
been suspended or revoked, may appeal to the Borough Council, provided
that such request for an appeal-hearing is made in writing within
five working days from the receipt of such order.
(2) From penalties and/or cease operations order. Any
person who is aggrieved by an order directed to him or requiring any
action, forbearance, or in compliance from him, including respective
payment of any penalties ascribed therein, may appeal to the Borough
Council, provided that such request for an appeal-hearing is made
in writing within five working days from the receipt of such order.
(a)
Compliance with an order. While an appeal from
an order is pending, compliance with such order shall be required
unless the Board finds, and certifies in writing in such order, that
compliance may be postponed until the adjudication of the subject
appeal.
(b)
Fines. Any fines assessed due to a violation
ascribed in such order must be paid immediately, although an appeal
from the order may be pending. In the case of a successful appeal,
the amount of the fine(s) will be returned to the appellant within
10 working days of the adjudication of the matter(s).
(3) Once an appeal has been established, adjudicatory
responsibilities exist with Borough Council. The borough must respond
to the appellant with the scheduled date and time of the appeal-hearing
within five working days. The Borough Council then has 10 additional
working days in which to hear the appeal.
(a)
Notification of appeal-hearing date and time
shall be given to appellant, when and where possible, by both phone
and mail.
(b)
In case of unreasonable inconvenience or burden
placed upon appellant due to the date and time of the appeal-hearing
as originally scheduled by Borough Council, the appellant, upon receiving
notification of the appeal-hearing, shall have two working days in
which to request and receive an alternate appeal-hearing date and
time.
(4) Upon completion of an appeal-hearing, Borough Council
has 10 working days in which to adjudicate the disputed matter subject
to the appeal-hearing and notify appellant as to the outcome and result
of the adjudication.