[HISTORY: Adopted by the Borough Council of the Borough of Media 12-18-1969 by Art. IX of Ord. No. 568. Amendments noted where applicable.]
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[1] 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.
[1]
Editor's Note: The Board of Health of the Borough of Media was dissolved 12-15-2022 by Ord. No. 1157. It stated "To the extent any duties performed by the Board of Health are not assumed by the County Department of Health, such duties shall be assumed by the Borough Health Officer or the Borough Code Enforcement Officer or his or her designee."
[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.