A.
LESSEE
NUISANCE
OWNER
PERSON
As used in this chapter, the following terms shall have
the meanings indicated, unless a different meaning clearly appears from the
context:
A person in possession, control or occupancy of property owned by
another.
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.
The actual owner, agent or custodian of the property on which machinery,
equipment or materials are stored, whether individual or partnership, association
or corporation.
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.
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.
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.
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.
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.
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.
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.