ORDINANCE NO. 3-2011
AN ORDINANCE OF THE TOWNSHIP OF COLEBROOKDALE, COUNTY OF BERKS, COMMONWEALTH OF PENNSYLVANIA, RELATING
TO THE MAINTENANCE OF PROPERTIES WITHIN THE TOWNSHIP
RESTRICTING THE HEIGHT OF VEGETATION; PROVIDING FOR
REMEDIAL ACTION BY THE TOWNSHIP IN SPECIFIED SITUATIONS;
PRESCRIBING PENALTIES FOR VIOLATION OF THIS ORDINANCE;
AND REPEALING ALL INCONSISTENT ORDINANCES
The BOARD OF COMMISSIONERS OF THE TOWNSHIP OF COLEBROOKDALE hereby Ordains:
SECTION l. A. No person, firm, or corporation, owning or occupying any property within the Township of Colebrookdale, shall permit any grass or weeds or other vegetation whatsoever (except edible vegetation or vegetation planted for some useful or ornamental purpose) to grow on its property to a height in excess of EIGHT (8”) INCHES. No such person, firm, or corporation shall permit to grow upon property owned or occupied by it any grass, weeds, or other vegetation which emits any unpleasant or noxious odor or which conceals any filthy deposit. Any grass, weeds or other vegetation growing upon any premises in the Township in violation of any of the provisions of this Section 1, is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township.
B. The owner or occupant of a property shall remove, trim or cut to a height of EIGHT (8”) INCHES or less, all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of this Ordinance.
C. Any agricultural lands under active cultivation, or used for the raising of livestock, or lands used for the growing of fruits or vegetables of any kind, or any contiguous tract of land larger than 1 acre and held in single ownership, are exempt from the provisions of this Ordinance. PROVIDED, HOWEVER, that all areas of such lands within FIFTY (50') FEET of a residential structure shall be cut or trimmed as provided in this Ordinance.
SECTION 2. No person, firm, or corporation owning or occupying any property within the Township of Colebrookdale, shall place or construct or permit to grow or remain upon his property, any weeds, grasses, shrubs, trees, vegetation, or other type of man-made or natural object which in any way obstructs or creates a hazardous condition to travel on any of the streets and highways in the Township.
SECTION 3. The record owner(s) of real estate situate within Colebrookdale Township shall be ultimately responsible to maintain his property as provided in this Ordinance. The owner may contract with a tenant occupying the owner’s real estate to maintain the property of the owner as provided in this Ordinance. In the event, however, that the tenant fails to maintain the property as provided in this Ordinance, the owner shall be responsible to maintain the property as provided in this Ordinance.
SECTION 4. A. The Code Enforcement Officer (or the Assistant Code Enforcement Officer) shall have the authority to 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, shrubs, trees, other vegetation, or other natural or man-made object is growing or remaining in violation of the provisions of this Ordinance. Notification by hand delivery shall include, among other things, affixing a written notice of violation to the front door (or main entry door) of the residence or office of any owner, occupant, or other responsible person charged with violating the provisions of this Ordinance. Said notice shall:
1. Direct and require such owner or occupant to remove the condition, or trim or cut such grass, weeds, shrubs, trees, or other vegetation, so as to conform to the requirements of this Ordinance, within TEN (10) BUSINESS DAYS after the issuance of such notice.
2. Notify such owner or occupant that he/she is in violation of the provisions of this Ordinance and that if he/she shall pay a penalty in the amount of Thirty-Five Dollars ($35.00) at the Administrative Office of the Township, 765 West Philadelphia Avenue, Boyertown, Pennsylvania 19512, within TEN (10) BUSINESS DAYS of the date of issuance of the notice of violation, such penalty shall be deemed as and shall constitute the full penalty for that violation.
B. Any person charged with a violation of the provisions of this Ordinance for a second time during a single growing season shall pay a penalty of FIFTY DOLLARS ($50.00) for a second violation. Any person charged with a third or subsequent violation of this Ordinance during a single growing season shall pay a penalty of ONE HUNDRED DOLLARS ($100.00) per violation for the third or each subsequent violation. For the purposes of this Ordinance a growing season shall be deemed to be that period of each year between April 1st and October 31st.
C. Any person notified of a violation of this Ordinance as provided in subsections A or B, above, who fails to trim or cut his/her grass, weeds, shrubs, trees or other vegetation so as to confirm with the requirements of this Ordinance, who fails to remove the cited condition, or who fails to make payment in full of the penalty imposed for the violation within TEN (10) BUSINESS DAYS of the date of issuance of the notice of violation, upon citation duly issued to him/her shall, upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.00), and in default of payment, to imprisonment for a term not to exceed thirty (30) days.
D. Each day that a violation continues shall constitute a separate offense.
E. In case any person, firm or corporation shall neglect, fail or refuse to comply with the notice to remove a condition or to trim or cut his/her grass, weeds, shrubs, trees, or other vegetation within the period of time stated in the Notice described in this Section 4.A., above, the Township authorities may remove the condition, or trim or cut such grass, weeds, shrubs, trees, or other vegetation. In that event the cost thereof, together with an additional penalty of 10%, may be collected by the Township from such person, firm or corporation who is the record owner of the property, in the manner provided by law.
SECTION 5. If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Ordinance. It is hereby declared as the intent of the Board of Commissioners that this Ordinance would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part hereof not been included herein.
SECTION 6. Colebrookdale Township Ordinance No. 4-2002, and all other ordinances or parts of ordinances which are contrary to the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect.
SECTION 7. This Ordinance shall become effective five days after its enactment by the Board of Commissioners.
APPROVED by the Board of Commissioners of the Township of Colebrookdale and ENACTED into an Ordinance of the Township this 4th day of April, 2011.
ATTEST:BOARD OF COMMISSIONERS OF
THE TOWNSHIP OF COLEBROOKDALE
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Township Manager______
President
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