Borough of Rosslyn Farms, PA Chapter 56 Appliances and Other Materials, Abandoned

§ 56-1 Definitions.

A. As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

LESSEE

A person in possession, control or occupancy of property owned by another.

NUISANCE

Any condition, structure or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of the Borough.

OWNER

The actual owner, agent or custodian of the property on which machinery, equipment or materials are stored, whether individual or partnership, association or corporation.

PERSON

A natural person, firm, partnership, association, corporation or other legal entity.

B. In this chapter, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine; and the feminine shall include the masculine.

§ 56-2 Storage of nuisances prohibited.

It shall be unlawful for any person to store or maintain abandoned, unused, stripped, damaged and generally unusable appliances, machinery or equipment, or construction materials in the open on private property. Such storage shall constitute a nuisance and/or health hazard if any of the following conditions exist:

A. Broken glass or metal parts with sharp or protruding edges.

B. Containers which are conducive to the harboring and growth of vermin or animals.

C. Storage in any manner which would allow the equipment, machinery, material or any parts thereof to easily shift, tilt or fall from its original storage position.

D. Containers of any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, gasoline, oil, battery acids, refrigeration agents and poisons.

E. Any other condition which shall threaten the health, safety or welfare of the citizens of the Borough.

F. Refrigerators with the doors remaining attached.

§ 56-3 Inspection of premises; notice to comply.

A. The Borough Code Enforcement Officer is hereby empowered to inspect private property on which appliances, machinery, equipment and/or various construction materials are stored to determine if there is compliance with the provisions of this chapter. If noncompliance with the provisions of this chapter constitutes a nuisance, or if any condition, structure or improvement poses a danger to the health, safety or welfare of the public, he shall issue a written notice to be served by registered or certified mail upon the owner of said premises, or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.

B. Said notice shall specify the condition considered to be a hazard and/or nuisance and shall require the owner to commence to remove or otherwise rectify the condition as set forth in the notice within 10 days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time.

§ 56-4 Authority to remedy noncompliance.

If the owner of property on which appliances, machinery, equipment and/or construction materials are stored does not comply with the notice to abate the nuisance, within the time limit prescribed, the Borough shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. In such event and pursuant to its statutory or otherwise authorized police powers, the Borough of Rosslyn Farms and its designee shall have the right and power to enter upon the offending premises to accomplish the foregoing.

§ 56-5 Hearing.

A. Any person aggrieved by the decision of the Code Enforcement Officer may request and shall then be granted a hearing before Council of the Borough of Rosslyn Farms provided he files with Council within 10 days after notice of the Code Enforcement Officer's decision, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the petition was filed unless postponed for sufficient cause.

B. After such hearing, Council shall sustain, modify or overrule the action of the Code Enforcement Officer.

§ 56-6 Violations and penalties.

Any person who shall violate any provision of this ordnance shall, upon conviction thereof, be sentenced to pay a fine not more than $600, and in default of payment, to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.

§ 56-7 Remedies not mutually exclusive.

The remedies provided herein for the enforcement of this chapter, or any remedy provided by law, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively, at the option of the Borough.