[Ord. 11.3.98, 11/3/1998, § 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 including,
but not limited to, recreation vehicles, antique vehicles, house trailers,
mobile homes, and campers.
The Board of Supervisors of Hepburn Township, Lycoming County.
Not having intact and properly attached to the motor vehicle
one or more parts or functions required by Pennsylvania motor vehicle
inspection.
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 his reasonable rights of a person or property.
A person owning, leasing, renting, occupying or having charge
of any premises within the Township.
Any natural person, family, firm, partnership, association,
corporation, company, club, copartnership, society, entity, or any
organization of any kind.
The Township of Hepburn, which is located within Lycoming
County, Pennsylvania.
Any grass, weed or vegetation whatsoever, which is not edible
or planted for some useful, legal, or ornamental purpose.
[Ord. 11.3.98, 11/3/1998, § 2; as amended by Ord.
07.05.2011, 7/5/2011, § 1; and by Ord. 11.12.2013, 11/12/2013,
§ I]
1.
Nuisances, including but not limited to the following, are hereby
declared to be illegal:
A.
Storing or accumulating the following:
B.
Storing or accumulating more than one abandoned, disassembled, junked,
unregistered, or uninspected motor vehicle, antique vehicle, recreation
vehicle, house trailer, mobile home, or camper, unless permitted by
other applicable Hepburn Township zoning ordinances.
C.
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 or 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.
D.
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 thereof.
E.
Burning of tires, or tar products.
F.
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.
G.
All enforcement pertaining to grass, weeds and the like may be enforced
through the applicable section of the International Property Maintenance
Code and amendments thereto, or other subsequent applicable ordinances
adopted by Hepburn Township.
H.
Permitting or allowing any well or cistern to be, or remain, uncovered.
I.
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 Commonwealth of Pennsylvania,
and allowing same to remain thereon.
J.
Allowing or permitting any excavation, material excavated or obstruction
on or adjoining any highway, street, or road, to remain opened or
exposed without the same being secured by a barricade, temporary fence,
or other protective materials.
[Ord. 11.3.98, 11/3/1998, § 3]
1.
Whenever a condition constituting a nuisance is permitted or maintained,
the Board of Supervisors may cause written notice to be served upon
the owner in one 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 to
an adult member of the family with which he resides, however, if no
adult member of the family is found, then the an adult person who
appears to be 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 by certified mail.
E.
By publishing a copy of the notice in a local newspaper of general
circulation with Lycoming 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, or by fencing or boarding, or in some way confining and limiting the nuisance. Such notice shall require the owner to commence action in accordance with the terms thereof within 20 days and thereafter, to comply fully with its terms with reasonable dispatch, with all material to be supplied and work to be done at the owner's expense; provided, however, if any of the provisions of § 10-302, Subsection 1E, H, I, or J, is violated, and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.
[Ord. 11.3.98, 11/3/1998, § 4; as amended by Ord.
8.5.2008, 8/5/2008]
1.
If the owner, after receiving due notice, refuses to comply with
the terms thereof:
A.
He shall be guilty of a violation of this Part, upon conviction thereof
in an action brought before a magisterial district judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
more than $1,000 plus costs and/or to a term of imprisonment not to
exceed 90 days. Each day that a violation of this Part continues or
each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Amended by Ord. No. 09.11.18.02, 9/11/2018]
B.
The Township, by means of a complaint in equity, may compel the owner
of the premises to comply with the terms of any notice of violation;
may seek court permission for the Township itself to cause the removal,
repair or alterations necessary to bring about compliance, and assess
the costs of the same against the property owners, or seek any such
other relief as any such court of competent jurisdiction is empowered
to afford.
