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Before commencing any action in the nature of a violation of this Part, the Township of Plains Zoning and Code Enforcement Officer shall first give notice to the person charged with violating this Part. Such notice shall be in writing and shall be served personally upon such person or by posting a copy of such written notice on the premises or attaching a copy of the written notice shall be sent by United States Postal Service, certified mail, return receipt requested, to the owner of the land, building, structure or premises in or on which the appliance is located at the owner’s last known address. The notice shall specify that failure to remedy the violation within ten days of the date of personal service of 12 days from the date of mailing may result in penalties to be levied against the owner of the premises if the specified violations are not remedied.
(Ord. 2009-2, 1/8/2009, § 7)
1. A violation of any provision of this Part shall constitute a summary offense and shall be enforced by the commencement of an action before a magisterial district judge in the same manner provided for enforcement of summary offenses under the applicable provisions of the Pennsylvania Rules of Civil Procedure. The Solicitor of the Township of Plains may assume charge of the prosecution of such violations in a manner consistent with the Pennsylvania Rules of Criminal Procedure relating to trial of summary cases, as the same may be amended from time to time. [A.O.]
2. Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of 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 Part continues shall constitute a separate offense. [A.O.]
3. In addition to all other remedies provided herein for violations of this Part, the Township of Plains shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with the provisions of this Part.
(Ord. 2009-2, 1/8/2009, § 8; as amended by A.O.)
Part 2
Brush, Grass and Weeds
Brush, Grass and Weeds
It shall be unlawful for any person owning or occupying any property within the Township of Plains to 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 eight inches, or to throw off any unpleasant or noxious odor, or to conceal any filthy deposit or to create or produce pollen, provided that the cutting of such grass, weeds or other vegetation twice a month in the months of May, June, July, August and September and the removal of the grass, weeds or other vegetation so cut shall be deemed evidence that no violation of this Section shall have been created.
(Ord. 5/29/1975, § 12-1)
The owner of any vacant premises or premises occupied by the owner, and the occupant thereof in the 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 any of the provisions of § 10-201 of this Part.
(Ord. 5/29/1975, § 12-2)
The Board of Commissioners, or any officer of the Township 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 any of the provisions of § 10-201 of this Part, directing and requiring such owner or occupant to remove, trim or cut such grass, weeds or other vegetation so as to conform to the requirements of this Part within five days after the issuance of such notice. In case any person shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Township may cause such grass, weeds or other vegetation to be removed, trimmed or cut, and the cost thereof, with an additional charge of ten percent, shall be collected by the Township from such person in default, in the manner provided by law.
(Ord. 5/29/1975, § 12-3)
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