THE FOLLOWING LEGAL STUDY ARTICLE POSTING IS INTENDED TO SUPPORT AWARENESS AND UNDERSTANDING. IT IS ONLY A PRELIMINARY LEVEL LEGAL STUDY ARTICLE AND IT IS NOT LEGAL ADVICE. IF THE READER SEEKS LEGAL ADVICE CONCERNING HIS OR HER PARTICULAR SITUATION, HE OR SHE SHOULD SEEK OUT AN ATTORNEY IN A LAWYER CLIENT RELATIONSHIP.
The Overgrowth Of Brush, Grass and Weeds On Non-Wooded Lots Under Two Acres Is Declared To Be A Nuisance In Caernarvon- Berks Twp, Pa.
Caernarvon Twp , Berks County , Ordinance No. 314 , enacted 5/24/2022, provides for the regulation of brush, grass and weeds within the township and stipulates that that the uncontrolled growth of brush, grass and weeds is contrary to the health safety and welfare of the residents of the township . See Preamble Language Within Ordinance No. 314
The ordinance declares that the overgrowth of weeds, grass and plants ( other than trees , bushes, flowers, agricultural products, ornamental plants , or grasses and plants grown as a part of a farming operation or golf courses) to a height exceeding six (6’’) are a nuisance unless they are growing in a wooded area or on a lot of two acres or more . See Ordinance No. 314 Section 1 ; 2A
Please note that grass, brush or weeds can be growing or remaining “upon a lot” if they extend into or overhang a street , sidewalk or public place …See Caernarvon Berks Twp. Ordinance No. 228 Section 1 B ( The prior Caernarvon Berks ordinance regulating the growth of grass, weeds and similar vegetation within the township -enacted 3/14/2006, rescinded 9/2015)
The township code enforcement officer is authorized to enforce the provisions of Ordinance 314 and is further authorized to serve notice upon the owner or occupant of any lot upon which weeds , grass or plants are observed to be growing in violation of the ordinance and to demand abatement of the nuisance within seven (7) days of the mailing of such notice. See Ordinance No. 314, Section 3A.
In regard to abatement , if the nuisance has not been abated within the seven day time period aforesaid , the township shall have the right , upon order of a court of competent jurisdiction , to enter upon such lot and cut or mow the weeds , grass or plants growing in violation of the ordinance , and to collect the cost and expense of the abatement, which may include legal costs and the contract cost , or any wages and benefit expenses for time spent by township employees , together with any administrative cost from the owner or occupier of the lot , in addition to any fine or penalty otherwise provided, in accordance with the provisions of the Second Class Township Code . Such fees shall constitute a Municipal Claim that may be liened per the Municipal Claim and Tax Lien Law , 53 Pa Stat 7101 et seq . See Ordinance No 314 , Section 3B,
In regard to violations and penalties, any person who shall violate the ordinance , upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, shall be guilty of a summary offense and shall be punishable by a fine of not more than a thousand dollars , plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a time not exceeding 90 days . Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense , and each section of this chapter that is violated shall also constitute a separate offense . See Ordinance No. 314 , Section 4
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Supplemental Note
See Mower/Grass Clippings Notice Within Caernarvon Berks Spring/ Summer 2022 Newsletter
“ Please do not discharge mower/grass clippings into the streets. Caernarvon Township is in the Chesapeake Bay Watershed, and any debris discharged into the street will end up as fertilizer for the negative growth occurring in the bay. It is also a Federal violation of the Clean Water Act.”