Article 4
Grass, Weeds and Other Vegetation

§5-401 Grass, Weeds and Certain Other Vegetation Unlawful and a Nuisance under Certain Conditions.

No person, firm or corporation owning or occupying any property within the Borough shall permit any grass or weeds or any 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 6 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 is declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Borough. Provided, in the case of any tract of undeveloped land 5 acres or more in area, this Section shall not apply to grass, weeds or vegetation growing more than 150 feet from any public street of the Borough or more than 150 feet from any residence. Provided, further, this Section shall not apply to any forested land.

(Ord. 224, 10/12/70, §1; as amended by Ord. 2017-3, 4/10/2017, §6)

§5-402 Responsibility for Removal, Trimming or Cutting Grass, Weeds and Other Vegetation.

The owner of any premises and the occupant thereof, in case of premises occupied by other than the owner thereof, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of §5-401.

(Ord. 224, 10/12/70, §2; as amended by Ord. 2017-3, 4/10/2017, §6)

§5-403. Trees, Branches and Limbs Unlawful and a Nuisance under Certain Conditions.

All trees, branches, and/or limbs which are determined to be a potential safety hazard to an adjacent structure or roadway shall be removed within 1 year. Any such tree which is causing an imminent danger to a structure or roadway shall be removed within 30 days of notice from the Borough. The owner of the premises shall be responsible for removing trees, branches and/or limbs.

(Ord. 2017-3, 4/10/2017, §6)

§5-404. Storage of Trimming or Grass Cuttings, Weeds and Other Vegetation.

All tree limbs, discarded wood, compost piles, and other yard debris shall not be stored within 15 feet of a property line or road right-of-way. Firewood stock piles shall be exempt.

(Ord. 2017-3, 4/10/2017, §6)

§5-405 Notice to Remove, Trim or Cut; Authority of Borough to Do Work at Expense of Person in Default.

Council, or any officer or employee of the Borough designated by Council for the purpose, is authorized to give notice, by personal service or by United States mail, to the owner and occupant, if different, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of §5-401, directing and requiring that owner or occupant to remove, trim or cut such grass, weeds or other vegetation, so as to conform to the requirements of this Article, within 5 days after issuance of the notice. In case any person, firm or corporation neglects, fails or refuses to comply with the notice, within the period of time stated in it, the Borough authorities may remove, trim or cut such grass, weeds or vegetation, and the cost of the work, together with any additional penalty authorized by the law, may be collected by the Borough from that person, firm or corporation, in the manner provided by law.

(Ord. 224, 10/12/70, §3; as amended by Ord. 2017-3, 4/10/2017, §6. Formerly §5-403)

§5-406 Penalty for Violation.

Any person, firm or corporation who shall violate any provision of this Article, upon conviction thereof, shall be sentenced to a fine of not less than $100 and not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Article continues or each Section of this Article which shall be found to have been violated shall constitute a separate offense. The Borough shall be entitled to recover all of its reasonable attorneys’ fees as costs of the proceeding in accordance with §3321(a)(5) of the Borough Code.

(Ord. 224, 10/12/70, §4; as amended by Ord. 2009-1, 7/13/2009; and by Ord. 2017-3, 4/10/2017, §6. Formerly §5-404)