An Ordinance of the Borough Council of the Borough of Centerport, Berks County, Pennsylvania, repealing Ordinance #66 and establishing a new Ordinance providing for the cutting or removal of grass or weeds not grown for agricultural purposes; height not to exceed six (6) inches; notice to cut or remove grass or weeds; authority to do so; collection of costs and the assessment of penalties for violation thereof.
Section 1. Repealer
Ordinance #66, enacted June 6, 1973 is hereby repealed in its entirety and in its place and stead the following ordinance is enacted.
Section 2. Definitions and Interpretation
The following words, as used in this Ordinance, shall have the meanings hereby respectively ascribed thereto:
A. “Person” Any natural person, partnership, association, firm or corporation.
B. “Weeds” Any Canadian or Russian thistle, chicory, burdock, nettle, poison ivy, sumac, goldenrod, wild lettuce, wild mustard, wild parsley, ragweed, milkweed or any other plant or vegetation whatsoever, not edible or planted for an ornamental or agricultural purpose.
In this ordinance, the singular shall include the plural and the masculine shall include the feminine and the neuter.
Section 3. Grass not Grown for Agricultural Purposes and Weeds to be cut or Removed under Certain Conditions
Every person, owning or occupying any premises within the Borough of Centerport upon which premises any grass not grown for agricultural purposes or weeds in excess of six (6) inches in height shall grow, shall cut or remove such grass not grown for agricultural purpses or weeds or cause the same to be cut or removed, on or before the fifteenth day of June of each and every year and again on or before the fifteenth day of August of each and every year. The owner of the premises, in the case of a vacant premises or premises occupied by the owner, shall comply with the requirements of this section.
Section 4. Notice to Cut or Remove Grass or Weeds’ Authority for Borough To Do So and Collect Cost and Penalty
The Borough Secretary, or any officer, agent or employee of the Borough, upon direction of the Borough of Centerport, shall give written notice, by personal service or by United States first class mail, to the owner or occupant of any property whereon grass or weeds are growing or remaining in violation of the provisions of the third section of this ordinance. Said notice shall require such owner or occupant, as the case may be, to cut or remove all such grass or weeds, within seven (7) days after the service or posting of such notice, and, if the notice be for a violation of the “15th day of June” requirement of this ordinance, may also require such owner or occupant to again cut and remove all such grass or weeds within seven (7) days following the 15th day of August of said year, without further notice from the Borough. In case any person shall neglect, fail or refuse to comply with such notice, within the period of time stated therein, the Borough Council may cause such grass or weeds to be removed or cut, and the cost thereof, together with any penalty authorized by law, may be collected from such person, in the manner provided by law.
Section 5. Penalty for Violation
Any person who shall fail, neglect or refuse to comply with any of the provisions of this Ordinance shall, upon conviction thereof, be sentenced to pay a fine or penalty of not more than one hundred dollars ($100.00) and costs or prosecution, and, in default of payment of such fine and costs, to imprisonment in the County Jail for not more than ten (10) days. Each day’s violation shall constitute a separate offense.
Section 6. Severability
In the event that any provisions, sections, sentences, clauses or parts of this ordinance shall be invalid or illegal, such invalidity or illegality shall not effect or impair any remaining provisions, sections, sentences, clauses or parts of this Ordinance, it being the intent of the Borough Council that such remain shall be and remain in full force and effect, and to this end, the provisions of this Ordinance are hereby declared to be severable.
Section 7. Effective Date
This Ordinance shall become effective thirty (30) days after passage.
Enacted and Ordained by the Borough Council of the Borough of Centerport, Berks County, Pennsylvania this 4th day of November A.D. nineteen hundred ninety one (1991).