TOWNSHIP OF GROVE
CAMERON COUNTY, PENNSYLVANIA
ORDINANCE NO. 2026-1
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF GROVE, CAMERON] COUNTY, PENNSYLVANIA, REGULATING AND RESTRICTING THE HEIGHT OF GRASS, WEEDS, AND SIMILAR VEGETATION ON LOTS AND PARCELS WITHIN THE TOWNSHIP; DECLARING VIOLATIONS TO BE A PUBLIC NUISANCE; PROVIDING FOR NOTICE, ABATEMENT, AND RECOVERY OF COSTS BY MUNICIPAL LIEN; ESTABLISHING PENALTIES FOR VIOLATIONS; AND PROVIDING FOR SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.
WHEREAS, the Board of Supervisors of the Township of Grove (the “Township”) is authorized to enact ordinances for the protection of the public health, safety, and welfare, including ordinances regulating and prohibiting conditions constituting a nuisance, pursuant to [the Second Class Township Code, 53 P.S. §§ 65101 et seq., including §§ 66102, 66506, and 66601 (or their successor provisions)] [OR, for a Borough: the Borough Code, 8 Pa.C.S. §§ 101 et seq.] [OR, for a First Class Township: the First Class Township Code, 53 P.S. §§ 55101 et seq.]; and
WHEREAS, uncontrolled grass, weeds, and similar vegetation growing in close proximity to dwellings and other structures within the Township can harbor rodents, insects, snakes, and other vermin, create fire hazards, obstruct visibility, conceal debris and unsafe conditions, and otherwise threaten the public health, safety, and welfare of Township residents; and
WHEREAS, the Board finds it necessary and appropriate to establish a uniform maximum height for grass, weeds, and similar vegetation in the vicinity of dwellings and other structures, together with procedures for notice, abatement, and enforcement;
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Board of Supervisors of the Township of Grove, and it is hereby ORDAINED AND ENACTED by authority of the same, as follows:
SECTION 1. SHORT TITLE.
This Ordinance shall be known and may be cited as the “Grove Township High Grass and Weeds Ordinance.”
SECTION 2. AUTHORITY.
This Ordinance is enacted under the general police power and nuisance-abatement authority granted to the Township by the [Second Class Township Code, 53 P.S. § 66102 (general power to regulate nuisances), § 66506 (regulation of grass, weeds, and brush), and § 66601 (enforcement of ordinances), as amended] [insert corresponding Borough Code or First Class Township Code citations if applicable], and by such other enabling legislation as may now or hereafter apply.
SECTION 3. DEFINITIONS.
For purposes of this Ordinance, the following words and phrases shall have the meanings set forth below. Words not defined herein shall be given their plain and ordinary meaning.
Dwelling. Any building or structure, or part thereof, occupied or intended to be occupied as a residence, including any attached or detached garage, porch, deck, or accessory structure normally used in connection with residential occupancy.
Enforcement Officer. The Township Code Enforcement Officer, Zoning Officer, or such other Township official or agent as the Board of [Supervisors/Commissioners] may designate to administer and enforce this Ordinance.
Grass. Any turf, lawn, or grass-type vegetation, cultivated or uncultivated.
Occupant. Any person in possession of a lot or parcel, whether as owner, tenant, lessee, or otherwise.
Owner. The person(s) or entity holding legal or equitable title to a lot or parcel, as reflected in the records of the [County] County [Recorder of Deeds/Assessment Office], including a contract purchaser in possession.
Regulated Area. That portion of a lot or parcel lying within [one hundred fifty (150)] feet of any Dwelling situated thereon, together with the entire lot or parcel where the lot or parcel is less than [one (1) acre] in size.
Weeds. Any uncultivated vegetation other than Grass, including but not limited to any plant, vine, or brush not part of a cultivated garden, ornamental planting, or agricultural crop, but excluding trees and woody shrubs intentionally planted or maintained for landscaping purposes.
SECTION 4. HEIGHT RESTRICTION; PROHIBITED CONDUCT.
No Owner or Occupant of any lot or parcel within the Township shall permit Grass or Weeds within the Regulated Area to grow to, reach, or remain at a height exceeding eight (8) inches, as measured from the surface of the ground to the topmost portion of the Grass or Weeds.
SECTION 5. EXEMPTIONS.
The height restriction in Section 4 shall not apply to:
(a) Land in active agricultural use, including cultivated fields, hay fields, pasture, and land devoted to the production of an agricultural commodity, whether or not enrolled for preferential assessment under the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (“Clean and Green,” 72 P.S. § 5490.1 et seq.), except that this exemption shall not extend to the Regulated Area immediately surrounding any Dwelling on such land;
(b) Woodlands, wooded buffers, and naturally forested areas not adjacent to a Dwelling;
(c) Wetlands, floodplains, riparian buffers, stormwater management facilities, and areas subject to a conservation easement, restoration plan, or governmental wildlife-management program, to the extent uncut vegetation is required or recommended by the applicable plan or governmental authority;
(d) Cultivated flower beds, vegetable gardens, ornamental plantings, and managed meadow or native-plant landscaping intentionally established and maintained by the Owner or Occupant, provided the same does not encroach upon adjoining property or create a hazard or harborage for vermin;
(e) Vacant, unimproved land on which no Dwelling is located, except to the extent otherwise regulated as a nuisance under separate provisions of the Township Code; and
(f) Land specifically exempted by the Board of Supervisors by resolution upon a finding that application of this Ordinance to such land would not serve the purposes stated herein.
SECTION 6. DECLARATION OF NUISANCE.
Grass or Weeds maintained, permitted, or allowed to grow in violation of Section 4 are hereby declared to constitute a public nuisance, and shall be subject to abatement as provided in this Ordinance and as otherwise permitted by law.
SECTION 7. NOTICE OF VIOLATION; OPPORTUNITY TO CUT.
(a) Upon determining that a violation of Section 4 exists, the Enforcement Officer shall give written notice to the Owner, and, if different, to the Occupant, of the property. Notice shall be sufficient if served personally, by first-class and certified mail (return receipt requested) to the address of record with the Cameron County Assessment Office, or, if the Owner cannot with reasonable effort be identified or located, by posting the notice in a conspicuous place on the property.
(b) The notice shall state: (1) the nature and location of the violation; (2) that the Grass or Weeds must be cut to a height of eight (8) inches or less within [ten (10)] days of the date of the notice; (3) that failure to comply may result in the Township entering the property to abate the violation at the Owner’s expense, in addition to any penalty imposed under Section 9; and (4) the right, if any, to request a hearing before the Board of Supervisors or its designee prior to Township abatement, consistent with applicable law.
(c) No advance notice under this Section shall be required for a second or subsequent violation on the same property within the same calendar year; provided, that the Township shall make reasonable efforts to notify the Owner prior to entering the property to abate the violation.
SECTION 8. TOWNSHIP ABATEMENT; COST RECOVERY.
(a) If the Owner or Occupant fails to abate the violation within the period stated in the notice, the Township, its employees, agents, or contractors, may enter upon the property and cut or otherwise remove the Grass or Weeds to bring the property into compliance with Section 4.
(b) The Township shall keep an itemized record of the actual cost of abatement, including labor, equipment, disposal, and administrative costs, together with a reasonable administrative fee not to exceed $150.00 per occurrence.
(c) All such costs, together with any accrued penalty, shall be billed to the Owner. If not paid within [thirty (30)] days of billing, the Township may file a municipal lien against the property in accordance with the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq., and may pursue any other remedy available at law or in equity for the collection thereof, including reasonable attorney’s fees and costs of collection.
SECTION 9. PENALTIES.
(a) Any Owner or Occupant who violates any provision of this Ordinance shall, upon conviction thereof in a summary proceeding before a magisterial district judge, be sentenced to pay a fine of not less than $300.00 nor more than $1,000 for each offense, together with the costs of prosecution, plus the cost of the Township mowing and, in default of payment, to imprisonment as may be permitted by law.
(b) Each day that a violation continues after the expiration of the notice period in Section 7 shall constitute a separate offense, subject to the maximum aggregate penalty permitted under the Township’s enabling statute.
(c) The penalties provided in this Section are in addition to, and not in lieu of, the Township’s right to abate the violation under Section 8 and to seek injunctive or other equitable relief.
SECTION 10. ENFORCEMENT.
This Ordinance shall be administered and enforced by the Enforcement Officer, who is authorized to enter upon any property, at reasonable times and in a reasonable manner, for the purpose of inspecting for compliance with this Ordinance, and to institute any legal proceeding, including summary citations and actions in equity, necessary to enforce its provisions.
SECTION 11. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, it being the intent of the Board of [Supervisors/Commissioners] that this Ordinance would have been adopted had such invalid provision not been included.
SECTION 12. REPEALER.
All ordinances or parts of ordinances of the Township inconsistent herewith are hereby repealed to the extent of such inconsistency.
SECTION 13. EFFECTIVE DATE.
This Ordinance shall take effect [immediately upon adoption / five (5) days after enactment, as required by 53 P.S. § 66802 or the corresponding provision of the Township’s enabling code].
ORDAINED AND ENACTED this _____ day of _______________, 20___.
TOWNSHIP OF GROVE
BOARD OF [SUPERVISORS/COMMISSIONERS]
_______________________________
Chairman/Chairwoman
Attest:
_______________________________
Township Secretary