Township of Franconia, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Franconia 12-5-1961 by Ord. No. 12. Amendments noted where applicable.]
Public nuisances — See Ch. 90.
[Amended 8-18-2014 by Ord. No. 377]
No person who is the owner or occupier of any real property within Franconia Township shall permit the uncultivated growth thereon of weeds, grasses or other vegetation excepting such vegetative areas or structures designated as stormwater management best management structures (BMP) as specified on a SWM BMP plan approved pursuant to Article X.[1]
Editor's Note: See Ch. 122, Subdivision and Land Development, Art. X, Stormwater and Watershed Management.
As used in this chapter, the following terms shall have the meanings indicated:
Any plant:
Growing uncultivated;
Noxious to cultivated plants;
Similar vegetation not edible; or
Not planted for some useful or ornamental purpose.
This chapter shall not apply to weeds, grasses or other vegetation under one foot in height.
Violations of this chapter are hereby declared to be a public nuisance, a fire hazard and a danger to public health and safety.
[Amended 9-8-1969 by Ord. No. 55; 3-11-1974 by Ord. No. 78]
The Township Supervisors, or such officer or employee of the township designated by them for the purpose, are hereby authorized to determine that there has been a violation of this chapter.
[Amended 9-8-1969 by Ord. No. 55; 3-11-1974 by Ord. No. 78]
Upon determination that there has been a violation of this chapter, the Board of Supervisors or such authorized officer or employee shall give notice, by personal service or by United States Mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining or constituting a nuisance, in violation of the provisions of this chapter, and directing and requiring such occupant or owner to remove, trim or cut such grass, weeds or vegetation or otherwise abate such nuisance so as to conform to the requirements of this chapter within 10 days after issuance of such notice.
If the owner or occupier of the property shall neglect to abate the nuisance within 10 days of receipt of notice, the Township Supervisors shall, by their agents and employees, go upon the premises and abate the same. The cost of such abatement to the township, plus a penalty of 10% of the cost of the abatement, shall constitute a lien upon the property. This lien shall be recoverable by Franconia Township either in an action of assumpsit, or as other municipal liens are recoverable by law.
[Amended 9-12-1988 by Ord. No. 147; 6-10-1996 by Ord. No. 237]
If the owner or occupier of the property has been served personally with notice and refuses to abate the nuisance within 10 days or to allow Franconia Township to abate the nuisance, then the owner or occupier shall be in violation of this chapter. Any person who violates or permits a violation of this chapter shall, upon being liable therefor in a civil enforcement proceeding commenced by the township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees incurred by the township. No judgment shall be imposed until the date of the determination of violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Pennsylvania Rules of Civil Procedure.