Ordinance No. 2022-638

Overview

The Borough of Martinsburg, Blair County, Pennsylvania, enacted Ordinance No. 2022-638 on September 6, 2022. This ordinance amends Section 9 of the existing Ordinance No. 2006-563 to establish a "progressive warning schedule" for property owners who fail to maintain their grass and weeds.

Key Changes to the Law

The primary purpose of this ordinance is to penalize repeat offenders regarding overgrown vegetation. The specific changes include:

• The "Three Strikes" Rule: If a property owner or occupant receives more than two (2) notices to abate a nuisance within a twelve (12) month period, they are subject to immediate penalties for any subsequent violations.
• Definition of Nuisance: A nuisance is defined as grass, weeds, or plant growth left to grow in excess of six (6) inches above the ground. This does not apply to properly trimmed trees, shrubs, bushes, or vegetable plants.
• Penalty: Any violation of Section 3(5) occurring after the third notice within that twelve-month window will result in the immediate issuance and filing of a non-traffic citation against the owner or occupant.

Enforcement Procedures

The ordinance outlines how notices are delivered and what is required of the property owner:

• Notice Delivery: The Borough or its designated officer/employee may issue notices via personal service or United States mail.
• Compliance Deadline: Upon receiving a notice, the occupant is required to remove, trim, or cut the vegetation to conform with the ordinance requirements within seven (7) days.

Signatories

The document was enacted and approved by the following officials on September 6, 2022:

• Mayor: Rich Brantner, Sr.
• Borough President: P. Robert Dickson
• Secretary: M. Jane Staily