No person, firm or corporation owning or occupying any property
within the Borough of Baldwin shall permit any poison ivy, poison
oak, poison sumac or any other similar noxious and harmful weed to
remain growing, nor shall he or it permit any grass or other weeds
or other vegetation whatsoever not edible or planted for some useful
or ornamental purpose to grow or remain upon such premises so as to
exceed a height of six inches or to throw off any unpleasant or noxious
odor or to conceal any filthy deposit or to create or produce pollen.
Any grass, weeds or other vegetation growing upon any premises in
the Borough in violation of any of the provisions of this section
and which affect the public or residents of the Borough and which
is detrimental to the safety, cleanliness and comfort of the inhabitants
of the Borough is hereby declared to be a nuisance.
Nothing herein contained, however, shall require the cutting
of grass, weeds or other vegetation growing in areas which customarily
and historically have contained brush and dense foliage or which remain
undeveloped and are not proximate or contiguous to developed areas;
nor shall any such grass, weeds or other vegetation be required to
be cut or maintained where such cutting or maintaining would impose
a hardship on the property owner because of the presence of extreme
slope grades, crevasses or the existence of areas which are unable
to be reasonably cleared.
The Zoning Officer of the Borough of Baldwin is hereby authorized
to give notice, as permitted by law and rules of civil and criminal
procedure, to the owner or occupant, as the case may be, of any premises
whereon any poison ivy, poison oak, poison sumac or any other similar
noxious and harmful weed or whereon grass, other weeds or other vegetation
is growing or remaining in violation of the provisions of the first
section of this chapter, directing and requiring such occupant to
remove, trim or cut such vegetation so as to conform to the requirements
of this chapter within five days after issuance of such notice. In
case any person, firm or corporation shall neglect, fail or refuse
to comply with such notice within the period of time stated therein,
the Borough authorities may remove, trim or cut such grass, weeds
or vegetation, and the cost thereof, together with any additional
penalty authorized by law, may be collected by the Borough from such
person, firm or corporation in the manner provided by law.
[Amended 12-19-1985 by Ord. No. 566]
Any person, firm or corporation who or which shall violate or
fail, neglect or refuse to comply with any of the provisions of this
chapter shall, upon conviction thereof, be sentenced to pay a fine
of not more than $300 plus costs of prosecution or imprisoned for
up to 30 days, provided that each day's violation shall constitute
a separate offense.