[HISTORY: Adopted by the Board of Supervisors of the Township of
Brecknock 8-19-1985 as Ord. No. 55. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate or any other
legal entity whatsoever which is recognized by law as the subject of rights
and duties. Whenever used in any clause prescribing and imposing a penalty
or fine, the term "person" shall include the members of an association, partnership
or firm and the officers of any public or private corporation for profit or
not for profit.
Includes any Canadian or Russian thistle, chickory, burdock, nettle,
poison ivy, sumac, goldenrod, wild lettuce, wild mustards, wild parsley, ragweed,
milkweed or any noxious weed as defined by the Noxious Weed Control Law[1] or any other plant or vegetation whatsoever, not edible or planted
for an ornamental or agricultural purpose.[2]
No person shall continue, maintain, cause, permit, establish or carry
on any of the following prohibited acts or activities on any public or private
property in the Township of Brecknock, Lancaster County, Pennsylvania (the
township), if the same are determined to be and constitute nuisances in fact:
A.
The storage, accumulation or depositing of any abandoned
or junked vehicles or parts thereof.
B.
The storage, accumulation or depositing of any abandoned
or used building materials of any kind.
C.
The storage, accumulation or depositing of garbage, ashes,
rubbish or other refuse matters.
D.
The maintenance of any dangerous structure, including
buildings or parts of buildings in a state of dilapidation or disrepair.
F.
The filling up or stopping of any township swale or drainage
ditch.
G.
Any use of land or a structure which is unreasonable
or unlawful and causes injury, damage or substantial discomfort to the residents
of the township in the legitimate enjoyment of their reasonable rights.
The Code Enforcement Officer of the township shall serve written notice,
either personally or by certified or first-class mail, on any person violating
the provisions of this chapter to remove any nuisance or dangerous structure
on public or private property. Upon the failure of said person to comply with
such notice within fifteen (15) days after receipt thereof or to request a
hearing within such time before the Board of Supervisors pursuant to the Act
of April 28, 1978, P.L. 202, No. 53, Section 5, 2 Pa.C.S.A. § 551
et seq., known as the "Local Agency Law," the Board of Supervisors of the
township may remove or arrange for the removal of the nuisance or dangerous
structure and collect the cost of such removal, together with a penalty of
twenty-five percent (25%) of the cost of the removal, from the person failing
to comply with such notice by summary proceedings or in the manner provided
for the collection of municipal claims or by a civil action without the filing
of a municipal claim. The Board of Supervisors may also institute proceedings
in equity to enjoin violations of this chapter.
Any person who or which shall violate any of the provisions of this chapter shall, upon conviction thereof by summary proceeding before any District Justice having jurisdiction, be sentenced to pay a fine of not less than fifty dollars ($50.) nor more than one thousand dollars ($1,000.), plus costs of prosecution. If a defendant sentenced to pay a fine or costs after a finding of guilt in a summary case defaults in such payments, the defendant may be sentenced and committed to the Lancaster County Prison for a period not exceeding thirty (30) days. Such fine and costs shall be in addition to the remedies provided in § 75-3 of this chapter and shall be enforceable and recoverable in the manner provided by applicable law. All fines collected for the violation of this chapter shall be paid to the Treasurer of the township for the general use of the township.
