[Ord. 1-1990, 12/27/1990, § 1]
Those expenses and those related costs and fees that are
incurred by the Township, local, state or federal department or agency,
emergency services organization and from the private sector for actual
costs or charges for labor, materials, and any other costs associated
with the use of specialized extinguishing or abatement agent, chemical
neutralizer or similar equipment or material that is employed to monitor,
extinguish, confine, neutralize, contain, clean, or remove any hazardous
material that is or may be involved in a fire, or releases into the
air, ground or water or the potential threat of any release or fire,
and any and all activities associated with the implementation of a
protective action (i.e., evaluation) to protect the public health,
safety and welfare.
A service performed by any Township departments or employees,
or any public or private sector organization, agency or company directly
associated with mitigating the hazard or potential hazard or involved
in providing services to implement a protective action. "Extraordinary
services" may include, but are not limited to, the abatement and disposition
of hazardous materials, spills, releases, or the threat of spills
or releases of hazardous materials, utility line breaks or leakages,
and other imminent or perceived or potential threats to the health,
safety and welfare of the public that may be detailed or contemplated
in the subsection above.
[Ord. 1-1990, 12/27/1990, § 2]
1.
The Manager of the Township shall collect all fees as follows:
A.
Fees and costs (including overhead costs) shall encompass all personnel,
equipment, materials and maintenance expenses in such a form as to
insure for full reimbursement for charges from both the public and
private sectors actually rendered.
B.
A particular cost or fee schedule need not be set forth in this section
or elsewhere in this Part or by further formal action by the Township
Supervisors. The Township Supervisors approval of this section shall
constitute authorization for the Supervisors to collect all such fees
and costs (including overhead costs) pursuant to the receipt of related
expenditures or costs that are submitted to the Township by affected
public and private bureaus, agencies, departments or companies.
C.
Within 30 days of the date of the extraordinary or dangerous occurrence
giving rise to the extraordinary service, the affected public agencies,
departments or private companies shall submit its extraordinary service
related costs, fees, charges, and expenses to the Township Supervisors
for review. At such time as all costs, fees, charges and expenses
related to the extraordinary service have been collected and reviewed,
but in any case not later than 60 days from the date of determining
the combined cost of rendering extraordinary services, the Township
Supervisors shall submit a bill for all costs, fees, charges and expenses,
to the owner, agent or manager of the vehicle or fixed facility which
caused the need for extraordinary services, with a demand that a full
remittance be made within 30 days of receipt.
D.
In cases of hardship, or where circumstances are such that a full
remittance cannot be made to the Township within the thirty-day period,
the Township Supervisors shall hereby authorize the Township Solicitor
to enter into negotiations with the owner or his agent for an extended
payback period of time not to exceed six months.
E.
All monies received under the provisions of this Part shall be placed
into the General Fund and reimbursement be made to all public and
private sector departments, agencies who had submitted related costs,
fees, charges and expenses for providing an extraordinary service
as outlined herein.
[Ord. 1-1990, 12/27/1990, § 3]
The Township may enforce the provisions of this Part by civil
action in a court of competent jurisdiction for the collection of
any amounts due hereunder plus attorney's fees or for any other
relief that may be appropriate.
[Ord. 1-1990, 12/27/1990, § 4]
Nothing in this Part shall authorize any Township bureau, department,
or personnel or staff members to refuse or delay an emergency services
[response] to any person, firm, organization or corporation, that
has not reimbursed the Township for extraordinary services. Furthermore,
nothing in this section shall be construed to demand reimbursement
to the Township for those municipal services that are normally provided
to Township residents and others as a matter of the Township's
general operating procedure, and for which the levying of taxes, or
the demand for reimbursement is normally made.
[Ord. 1/18/2001F, 1/18/2001, § 1]
For the purpose of this Part the following terms, phrases, words
and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number,
and words in the singular number include the plural number, and the
word "shall" is always mandatory and not merely directory.
Any vehicle in nonserviceable condition or without having
both a current inspection sticker and current registration plate.
The Board of Supervisors of the Township of Hunlock, County
of Luzerne.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person or resident in the legitimate
enjoyment of reasonable rights as a person or in property.
A person owning, leasing, occupying or having charge of any
premises within the Township.
Any natural person, firm, partnership, association, corporation,
company, club, copartnership, society or any organization of any kind.
The Township of Hunlock, which is located within the confines
of Luzerne County, Pennsylvania.
Any grass, weed or vegetation whatsoever, which is not edible
or planted for some useful, legal or ornamental purpose.
[Ord. 1/18/2001F, 1/18/2001, § 2]
1.
Nuisances including, but not limited to, the following are hereby
declared to be illegal:
A.
Storing or accumulating the following:
(1)
Garbage or rubbish, except ordinary household garbage or rubbish
for the purpose of disposal within a reasonable period of time.
(2)
Junk material including, but not limited to, unused or abandoned
machinery, equipment or appliances, and all forms of waste and refuse
of any type of materials, including scrap metal, glass, industrial
waste and other salvageable materials, unless for resale, that cannot
be seen from any public highway which is maintained by Township, County
of Luzerne or by the Commonwealth of Pennsylvania.
B.
Storing or accumulating abandoned or junked motor vehicles, that
can be seen from any public highway, road, street, avenue, lane or
alley which is maintained by the Township, or by the County of Luzerne,
or by Commonwealth of Pennsylvania. All such vehicles must be moved
in 60 days from the date the vehicle was placed on the premises, or
if at a vehicle repair business, said vehicle must be moved within
90 days thereof.
C.
Storing or accumulating more than three antique or collector motor
vehicles for restoration which are neither sheltered by a building,
nor enclosed behind an evergreen or solid fence as permitted by applicable
zoning ordinance, or storing or accumulating in an unorderly fashion
three or less antique or collector motor vehicles for registration.
D.
Draining or flowing, or allowing to drain or flow, by pipe or other
channel, whether natural or artificial, any foul or offensive water
or drainage from sinks, bathtubs, washstands, lavatories, water closets,
swimming pools, privies or cesspools of any kind of nature whatsoever,
or any foul or offensive water or foul or offensive drainage of any
kind, from property along any public highway, road, street, avenue,
lane or alley, or from any property into or upon any adjoining property.
E.
Draining or flowing, or allowing to drain or flow, any water or drainage
from within a dwelling situate upon property along a public highway,
road, street, avenue, lane or alley in the Township into or upon the
cartway or traveled portion for said drainage by means of a drainage
ditch or otherwise.
F.
Burning of tires or tar products or asbestos.
G.
Maintaining or causing to be maintained, any dangerous structure
including, but not limited to, abandoned or unoccupied buildings or
parts of buildings in a state of dilapidation or disrepair.
H.
Permitting the growth of any grass, weeds, noxious weeds or any vegetation
whatsoever, not edible or planted for some useful, legal or ornamental
purpose, which creates an unsightly appearance or which conceals any
rubbish, garbage, trash or any other items in violation of this Part.
I.
Permitting or allowing any well or cistern to be, or remain, uncovered.
J.
Pushing, shoveling or otherwise depositing snow upon the cartway
or traveled portion of any public highway, road or street which is
maintained by the Township, or by the County of Luzerne, or by the
Commonwealth of Pennsylvania, and allowing same to remain thereon.
K.
Allowing or permitting any excavation, material excavated or obstruction
on or adjoining any public highway, street or road, to remain opened
or exposed without the same being secured by a barricade, temporary
fence or other protective materials.
L.
The owner of property within the Township shall be responsible for
maintaining any and all trees, branches and shrubs on his or her property
and in the right-of-way so that he or she does not unreasonably affect
or interfere with the health, safety or welfare of the public or the
right of the public to the unobstructed use of public roads or public
property. Any tree or shrub or parts thereof growing upon private
property or in the right-of-way but overhanging or interfering with
the use of any street, road, park or public area in the Township endangering
the life, health, safety or property of the public, or if the condition
of any tree, branch, or shrub, because of disease or otherwise, unreasonably
affects or interferes with the health, safety or welfare of the public,
is a public nuisance.
[Added Res. No. 2019-4, 11/21/2019]
[Ord. 1/18/2001F, 1/18/2001, § 3]
1.
Whenever a condition constituting a nuisance is permitted or maintained,
the Board of Supervisors shall cause written notice to be served upon
the owner or owners thereof in anyone of the following manners:
A.
By making personal delivery of the notice to the owners.
B.
By handing a copy of the notice at the residence of the owner or
owners to the adult member of the family with whom he, she or they
reside, but if no adult member of the family is found, then to an
adult person in charge of such residence.
C.
By fixing a copy of the notice to the door at the entrance of the
premises in violation.
D.
By mailing a copy of the notice to the last known address of the
owner or owners by certified mail.
E.
By publishing a copy of the notice in a local newspaper of general
circulation within Luzerne County, Pennsylvania, once a week for three
successive weeks.
2.
Such notice shall set forth in what respect such condition constitutes a nuisance, whether removal is necessary and required by the Township, or whether the situation can be corrected by repairs, alterations, fencing or boarding, or in some way confining and limiting the nuisance. Such notice shall require the owner or owners of the subject premises to take action in accordance with the terms of the notice within 20 days of receipt of publication thereafter, and to fully comply with all terms and conditions of the notice with all material and work to be supplied and furnished at the expense of the owner or owners of the premises; provided, however, that if any of the provisions of § 10-202, Subsection 1F, I, J or K, is or are violated, and the circumstances, in the sole and absolute discretion of the Board of Supervisors, require immediate corrective measures, such notice shall require the owner or owners thereof to immediately comply with the terms and conditions set forth in the notice.
[Res. No. 2019-4, 11/21/2019]
1.
Such nuisance as set forth in § 10-202, Subsection 1L, shall not be permitted to exist and upon notice, as set forth in § 10-203, the property owner shall be responsible to eliminate the nuisance by removing the tree or shrub in total or by removing the interfering limbs or branches, all at his or her expense.
2.
If the property owner fails to comply with the Township's directive, the Township may enter the property and remove the nuisance. Thereafter, the Township's cost of cutting and/or removing the nuisance shall be billed to the property owner and shall be due and owing within 10 days of said bill. Any such action by the Township does not remove the ability of the Township to seek penalties, as set forth in § 10-204, as amended, for failure to remove a nuisance. The written notice referred to in § 10-203 in no way removes the property owner's responsibility to correct the public nuisance. In the event that a tree, branch or shrub has fallen into the Township right-of-way and obstructs the use of public roads or is creating a hazardous condition which in the opinion of the Township requires immediate attention, the Township will immediately remove the obstruction from the right-of-way or abate the hazardous condition and bill the property owner for the cost of removing the obstruction.
[Ord. 1/18/2001F, 1/18/2001, § 4; as amended by
Res. No. 2018-3, 10/23/2018]
1.
If the owner or owners, after receiving due notice from the Board
of Supervisors, refuse to comply or otherwise do not comply with the
terms thereof, the violator(s) shall be subject to the following:
A.
Institution of criminal proceedings or actions as summary offenses
before a magisterial district judge, magistrate, or district justice
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure.
B.
Any person who violates any provision of this section shall, upon
conviction, be sentenced to pay a fine of not less than $100 nor more
than $300 and/or may be sentenced to imprisonment not to exceed 90
days.
C.
Any violation of any provision of this section, after conviction,
shall constitute a separate offense for each day the violation continues.
