[HISTORY: Adopted by the City Council of the City of Butler: Art. I, 2-19-1987 as Part 7, §§ 707.02 and 707.99, of the 1987 Codified Ordinances; Art. II, 7-21-1988 as Ord. No. 1310. Amendments noted where applicable.]
Article I Contamination
Article II Dangerous Obstructions
[Adopted 2-19-1987 as Part 7, §§ 707.02 and 707.99(b), of the1987 Codified Ordinances]
For the purpose of this Article, the following terms shall have the meanings herein indicated:
- The residue from the burning of wood, coal, coke or other combustible material.
- The sides of a stream of water or watercourse from the low water mark to the highest point of elevation by which the depression of drainage is marked or defined.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- All putrescible and nonputrescible solid wastes, except bodily wastes, including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
- Nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, including but not limited to paper, cardboard, tin cans, yard clippings, wood, glass, sweepings and similar materials.
- STREAM OF WATER OR WATERCOURSE
- A depression of drainage, natural or artificial, whereby water and waterborne materials flow.
No person shall cast, place upon, sweep or deposit any ashes, garbage, refuse or rubbish on any stream of water or watercourse within the city or on the banks thereof or on the surface in the area beyond the top of such banks for a distance of ten (10) feet landward of any stream of water or watercourse within the city.
Any person violating the provisions of this chapter shall, upon conviction thereof before a District Justice, be subject to a fine of up to three hundred dollars ($300.) and costs of prosecution and, in default of payment of such fine and costs, shall be subject to imprisonment in the county jail for up to ninety (90) days.
[Adopted 7-21-1988 as Ord. No. 1310]
For the purpose of this Article, the following definitions shall apply:
- DANGEROUS OBSTRUCTION
- Any tree, structure, debris or other thing which exists or which has fallen or is likely to fall during a subsequent flood or windstorm at a location within or along a watercourse where said obstruction could cause interference with or a diversion of the stream flow or could become waterborne during periods of heavy runoff.
The City Engineer is hereby authorized to make such inspections and take such action as may be required to enforce the provisions of this Article; provided, however, that a decision by the Engineer that any live and standing tree which constitutes a dangerous obstruction shall be of no force and effect for the purpose of this Article, unless and until a majority of the City Council concurs in said decision.
The Engineer shall inspect all trees, structures and other things within and adjacent to all streams, channels and watercourses within the city to determine whether or not such things constitute a dangerous obstruction found by him is hereby declared to be a public nuisance, which may be summarily abated pursuant to the following emergency procedures:
The Engineer shall notify the owner and resident of the real property involved of the existence of a dangerous obstruction upon his property by all of the following methods where applicable:
Posting notice upon the main entrance of the principal residence or building upon said property, if any.
Sending notice by certified mail, return receipt requested, to the person listed on the latest assessment roll as the owner thereof.
Sending notice by certified mail, return receipt requested, to the occupant of the principal residence upon said property, addressed to the street address thereof.
If no protest has been filed with the City Clerk by the owner or resident of said property within seven (7) days of the mailing of said letters and the posting of said notices, the city or its agent may enter upon said property and abate said dangerous obstruction. The costs of abatement shall be assessed as a municipal lien upon the property.
If the owner or resident files a protest within said seven-day period, the City Council shall meet in an emergency session to determine whether or not a tree, structure or other thing in question constitutes a dangerous obstruction. The decision of the City Council shall be final and the city may proceed with the summary abatement of any such thing found to be a dangerous obstruction by the City Council; provided, however, that the city shall first deliver written notice of its intention to proceed with abatement to any adult person found at the residence address within the city given by said owner or resident in said protest and, further provided, that said summary abatement shall not commence until at least three (3) regular working days after the delivery of said notice. The cost of abatement shall be assessed as a municipal lien upon the property.
Before the city summarily removes any obstructions under the provisions of this Article, the city shall prepare and file with the City Clerk a report setting forth its reasons for finding the existence of a dangerous obstruction. Wherever possible, photographs should be provided to augment the report.
It shall be unlawful for any person to remove, deface or mutilate any notice, order, statement or resolution posted pursuant to the provisions of this Article.
It shall be unlawful for any person to obstruct, impede or interfere with any owner or his agent or with any representative of the city when engaged in performing any reasonable act for the execution of any order of abatement issued pursuant hereto.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof before a District Justice, be subject to a fine of up to three hundred dollars ($300.) and costs of prosecution for each offense and, in default of payment of such fine and costs, shall be subject to imprisonment in the county jail for up to ninety (90) days. A separate offense shall be deemed committed on each date during or on which a violation occurs or continues.