A. Prohibited Acts:
1. It shall be unlawful for the owner of any real estate in residential areas of the Township to suffer or permit any weeds, as defined in Section 3-2-3 of this Property Maintenance Code, and grass to grow to a height of six inches (6") or more, to remain on such property.
2. Every owner and/or occupant shall be required to cut the grass, weeds or similar vegetation in the parkway immediately adjacent the front or side yard of said real property, as necessary, so that the grass or weeds or similar vegetation on such parkway does not exceed six inches (6") in height.
B. Nuisance Declared: Any weeds or grass growing to a height of six inches (6") or greater found growing on any real estate in residential areas of the Township are hereby declared to be a nuisance.
C. Removal Notice: It shall be the duty of the Town Clerk, at the direction of the Town Supervisor or designee, to serve or cause to the owner of real estate, on which weeds are growing in violation of this section, to be served with a notice by United States mail, postage prepaid, directed to the owner at the owner’s last known address demanding the removal of the weeds and abatement of the nuisance within seven (7) days. The owner may be served by sending notice to the person who last paid the taxes on the real estate.
D. Abatement of Nuisance: If the owner of real estate on which weeds are growing refuses or neglects to cut said weeds within seven (7) days of service of the removal notice, the Town Supervisor or his/her designee, may provide for the cutting and removal of the weeds by Township personnel or by independent contractors.
E. Removal Costs:
1. Weed cutting and removal work by Township personnel shall be charged at a minimum cost of two hundred fifty dollars ($250.00) for the first hour of weed cutting and removal for the cost of mobilization, labor equipment and overhead, and at an hourly cost of one hundred seventy-five dollars ($175.00) for each additional hour or part thereof of weed cutting and removal work.
2. Weed cutting and removal work performed by independent contractors shall be charged at the billed cost to the Township, plus fifty dollars ($50.00) for Township processing and overhead.
F. Bills for Services; Delinquencies:
1. Payment of Charges: Charges for weed cutting and removal pursuant to subsection 3-2-6E. above, and penalty charges as provided in subsection 3-2-5B. herein, shall be included and billed as part of the Township’s periodic bill for sewer and water utility service to the subject property, and shall be paid at the Town Hall within fifteen days (15) after the billing date. The property owner, and any nonowner that is the occupant or the or lessee thereof, shall be jointly and severally liable to pay for the removal services to the premises.
2. Disconnection of Utility Service for Failure to Pay Bill: If the property owner, occupant or lessee has not paid the charges for removal as set forth in subsection 3-2-6 E. above, and penalty charges, if any, as provided in subsection 3-2-5B. of this Property Maintenance Code, within thirty (30) days of the date of the issuance of the bill for such costs, utility service to the subject property may be disconnected by the Town Supervisor or his/her designee in accordance with the provisions set forth in section 5-1-11 of the Town Code.
G. Charges a Debt; Lien for Charges: The charges for unpaid weed cutting or removal, or penalty charges billed in accordance with subsection 3-2-5B. of this Property Maintenance Code, by the Township to the owner, occupant or lessee of the subject property, shall be a debt to the Township. If the charges are not paid within thirty (30) days after they are due, they shall be deemed delinquent and shall be a lien upon the real estate as provided in section 5-4-4 of the Town Code, when such lien is filed within sixty (60) days after the cost and expense is incurred. A change in ownership or occupancy of the premises found delinquent shall not be a cause for reducing or eliminating these charges or any penalties; except, however, the lien shall not be valid as to any purchaser whose rights in and to the real estate have arisen after the weed cutting and before the filing of the notice of lien. Additionally, said lien shall not be valid as to any mortgagee, judgment creditor, or other lienholder whose rights in and to the real estate arise before the filing of said notice. (TO-2022-1, 2-8-2022; amd. Ord. TO 2022-13, 9-13-2022)