[HISTORY: Adopted by the Board of Commissioners
of the Township of Swatara 12-11-1964 by Ord. No. 1964-8 (Ch. 10, Part 5B, of the 1990 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 147.
Except for used, salvaged or secondhand goods
or materials kept for the purpose of a normal and reasonable use or
consumption thereof on the premises where stored, no used, salvaged
or secondhand goods or materials shall be stored on private grounds
within the Township of Swatara unless the keeping or storage of the
same has been approved by the Health Officer of the Township of Swatara.
Any person desiring to store or to continue to store used, salvaged or secondhand goods or materials on private grounds, except those kept for the purpose mentioned in § 227-1, shall apply in writing to the Health Officer of the Township of Swatara for a permit setting forth the location and description of the land on which used, salvaged or secondhand goods or materials are to be placed, the number and nature thereof, the manner of storage, the length and the purpose for the storage.
[Amended 12-11-1985 by Ord. No. 1985-6; 1-9-1991 by Ord. No. 1991-1; 1-3-2001 by Ord. No. 2001-1]
A.
If the Health Officer shall determine that the storage
concerning which a permit is requested does not or will not adversely
affect the health, safety, general welfare, cleanliness and beauty
of the Township and does not or will not constitute a nuisance, he
shall issue a written permit therefor; otherwise he shall refuse to
issue said permit stating the reason for such refusal and give notice
thereof to the applicant. The fee for such permit shall be fixed from
time to time by resolution or ordinance of the Board of Commissioners
and shall be for the use of the Township.
B.
Any person aggrieved by a refusal of the Health Officer
to issue a permit may request and shall be granted a hearing before
the Board of Commissioners of Swatara Township, provided he shall
file with said Board a written petition requesting such hearing and
setting forth a brief statement of the grounds therefor within 10
days after notice that a permit has been refused. The hearing shall
commence not later than 30 days after the date on which the petition
was filed unless postponed for sufficient cause. The hearing shall
be conducted by the Board or the Board may appoint any member or group
of members to act as hearing officer or officers, and to conduct the
hearing.
C.
After such hearing, the decision, or, where no decision
is called for, the findings shall be made by the Board, but the parties
may waive decision or findings by the Board and accept the decision
or findings of the hearing officer or officers as final.
D.
The Board of Commissioners shall initially establish,
by ordinance, reasonable fees with respect to hearings before the
Board or its appointed hearing officer or officers. Fees for said
hearings may include compensation for the Secretary, notice and advertising
costs and necessary administrative overhead connected with the hearing.
The costs, however, shall not include legal expenses, engineering
expenses, architectural or expert witness costs or other technical
consultants. The Board of Commissioners may, from time to time, change
such fees by resolution.
Any used, salvaged or secondhand goods or materials
stored on private grounds without a permit issued by the Health Officer,
as herein required, shall be removed by the owner or occupier of said
grounds after notice to do so, and, in default thereof, the Township
may cause the same to be done and collect the costs thereof, together
with a penalty of 10% percent of such costs in the manner provided
by law for the collection of municipal claims or by action of assumpsit
or may seek relief by bill in equity.
[Amended 4-14-1976 by Ord. No. 1976-11]
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not less than $30 nor more than $600 and costs of prosecution,
or, in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days; provided, each day's continued violation
of any provision of this chapter, after notice thereof, shall constitute
a separate violation and shall be punishable as such.
As used in this chapter, the following terms
shall have the meanings indicated:
Every natural person, firm, partnership, association, or
corporation.
