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Recognizing the need within the Borough to establish certain minimum health and safety requirements for those buildings, structures, or properties which are used or associated with human occupancy; this Part hereby establishes standards which the Borough Council considers to be fair and effective in meeting those minimum requirements.
(Ord. 131, 4/3/1978; as revised by Ord. 151, 11/12/1984)
BUILDING - a roofed structure, enclosed by one or more walls, for the shelter, housing, storage or enclosure of persons, goods, materials, equipment or animals.
COURT - an open and unoccupied space on a lot enclosed on at least three (3) sides by the walls of a building.
GARBAGE - putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
INFESTATION - the presence of insects, rodents, vermin and/or other pests.
LOT - plot, tracts, premises or parcel of land, with or without improvements thereto.
OWNER - any person or persons, jointly or severally, firm, corporation or other entity which, either by conveyance or inheritance or otherwise, is vested with the title to a lot and/or improvements thereto or who retains the exclusive control of such a lot and/or improvements thereto or who retains the exclusive control of such lot and/or improvement in his capacity as a legal representative, such as an administrator, trustee, executor, etc.
REFUSE - all putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, dead animals and market and industrial wastes.
UNOCCUPIED HAZARD - any building, or part thereof, or manmade structure, which remains unoccupied for a period of more than six (6) months, with either doors, windows, or other openings broken, removed, boarded or sealed up, or any building under construction upon which little or no construction work has been performed for a period of more than six (6) months.
YARD - any open space on the same lot with a building and, for the most part unobstructed from the ground up.
(Ord. 131, 4/3/1978; as revised by Ord. 151, 11/12/1984)
The provisions of this Part shall supplement local laws, ordinances or regulations existing in the Borough or those of the Commonwealth of Pennsylvania. Where a provision of this Part is found to be in conflict with any provision of a local law, ordinance, code or regulations or those of the Commonwealth of Pennsylvania, the provisions which is more restrictive or which establishes the higher standard shall prevail.
(Ord. 131, 4/3/1978; as revised by Ord. 151, 11/12/1984)
1. Purpose. A variety of landscapes add diversity and richness to the quality of life in Millheim Borough. There are, nonetheless, reasonable expectations regarding the Borough's landscapes which, if not met, may decrease the value of nearby properties, degrade the natural environment, may have a blighting effect on neighborhoods and can threaten public health and safety by providing a refuge for vermin and insects. It is therefore in the public interest, and within the purview of this section, to provide standards for the development and maintenance of the Borough's landscapes, whether private, corporate or public.
The Borough seeks to encourage each landowner to create and sustain a condition of ecological stability on his or her land, that is, a state of good health and vigor, as opposed to one of impairment and decline. It is the intent of this section to not allow vegetated areas to be unmanaged or overgrown in ways that may adversely affect human health or safety, decrease the value of nearby properties or pose a threat to agricultural activity, It is the express intent of this Borough that it shall be lawful to grow plants, including, but not limited to ferns, grasses, forbs, aquatic plants, trees, and shrubs in a landscape, when these plants are not in violation of local, state or federal laws.
2. Definitions. As used in this section, the following terms shall have the meanings indicated:
FORB - A herbaceous flowering plant that does not include grasses, sedges and rushes. Such plants include herbs and may be annual, biennial, or perennial.
INVASIVE SPECIES - Those species that grow aggressively and spread and displace native vegetation. Invasive plants are generally undesirable because they are difficult and costly to control and can dominate whole habitats, making them environmentally destructive. The list that shall be used by this Part is the Pennsylvania Department of Conservation and Natural Resources (DCNR) Invasive Plants list.
LANDOWNER - One who owns or controls land within the Borough (including the Borough itself), any person, agent, operator, partnership, association, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the County as holding title to the property; or otherwise having control of the property, including the Guardian, Executor or Administrator of the estate of any such person.
NOXIOUS WEED - A generally invasive plant that once declared noxious becomes illegal to sell, transport, plant or otherwise propagate within the Commonwealth. The list of Pennsylvania Noxious Weeds is periodically updated and is available from the U.S. Department of Agriculture, Natural Resources Conservation Service.
OVERGROWN - Covered with plants and vegetation that have grown in an uncontrolled way.
PROPERTY - Any legal lot, plot or parcel of land, whether improved or unimproved.
TURF GRASS - Grass commonly used in regularly cut lawns or play areas, such as, but not limited to bluegrass, fescue, and ryegrass blends.
3. Turf Grass, Weeds and Certain Other Vegetation Not Permitted Under Certain Conditions. No landowner within the Borough shall permit any turf grass, weeds (noxious or otherwise) or any other vegetation to grow or remain upon such property, if such managed turf grass, weeds or vegetation exceeds a height of six (6) inches, emits any unpleasant or noxious odor or conceals any filthy deposit. No noxious or invasive plant species shall be permitted. In addition, no turf grass, weeds (noxious or otherwise) or other vegetation shall be permitted in excess of six (6) inches where a property adjoins a street or an alley, between the property line and the cartway of any adjacent street or alley. Vegetation commonly recognized as having an ornamental purpose shall not be permitted in the right-of-way. Vegetation commonly recognized as having an ornamental purpose over six (6) inches in height on any property shall not encroach into the clear sight triangle at an intersection of public streets and/or alleys.
All such vegetation growing on any property, any public right-of-way or any public utility easement adjoining or adjacent to such property is hereby declared to be a nuisance and detrimental to the health, safety, welfare, cleanliness and comfort of the inhabitants of the Borough.
The Borough will not be responsible for damage to landscaped areas resulting from Borough improvements, maintenance or snow removal activities in the public right-of-way.
4. Exceptions to Subsection 3.
A. Trees, hedges and ornamental vegetation.
B. Regulated wetlands.
C. Riparian buffers.
D. Steep slopes (over 60%).
E. Weeds or grass intermingled with growing cultivated crops or on premises (i.e. fence rows and tree rows) adjacent to legal agricultural land or land substantiated and registered as a nonconforming agricultural use.
F. Portions of lots used for flower gardens and shrubbery commonly recognized as having an ornamental purpose.
G. Vegetable gardens and vegetation which is edible, planted and cultivated for the purpose of human consumption.
H. Vegetation growing more than one hundred (100) feet from any property line.
I. Vegetation growing more than one hundred fifty (150) feet from a dwelling (occupied or unoccupied) and any other occupied structure, provided such vegetation is not within one hundred (100) feet of any property line.
(Ord. 131, 4/3/1978, §3; as amended by Ord. 263, 4/20/2018, §1, as amended by Ord. 268, 4/14/2020, §1)
The owner of any premises as to vacant premises or premises occupied by the owner, 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 this Part.
(Ord. 131, 4/3/1978, § 4)
The Borough Council or any officer or employee of the Borough designated thereby for the purpose, is hereby authorized 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 or other vegetation is growing or remaining in violation of the provisions of § 110 of this Part directing and requiring such occupant to remove, spray, trim or cut such grass, weeds or vegetation, so as to conform to the requirements of this Part within five (5) days after issuance of such notice. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice, within the period of time stated therein, the Borough authorities may remove, spray, trim or cut such grass, weeds or vegetation, and the cost thereof, together with any additional penalty authorized by the law, may be collected by the Borough from such person, firm or corporation, in the manner provided by law.
(Ord. 131, 4/3/1978, § 5)
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