[Adopted 7-1-1959 by Ord. No. 59-8]
The practice of throwing, depositing or dumping any paper, trash, rubbish, ashes, junk, waste, garbage or discarded materials, carcasses or matter of any kind in or on any private or public property, vacant or occupied, within the Township of Lower Salford, or of maintaining any accumulations of such materials in or on any public or private property, vacant or occupied, within said Township, other than in accordance with regulations hereinafter set forth in §
112-5, shall be deemed to be and constitute a nuisance and is hereby prohibited.
[Amended 5-6-1964 by Ord. No. 64-6]
Whenever it is found that any person is maintaining a nuisance as defined in §§
112-1 to
112-3 of this article or is operating a sanitary landfill contrary to the regulations specified in §
112-4 hereof or any of them, any officer or employee of the Township or any policeman of the Township may serve notice thereof requiring that the condition be made safe, corrected or removed, by certified mail or by personally delivering the same to the offender.
Should any person cause or permit the continuance
of a nuisance after 20 days from the date of mailing of the notice
to abate or fail to correct the condition complained of with respect
to a sanitary landfill operation within 10 days from the date of the
mailing of the notice, the Township may, upon resolution of the Board
of Supervisors, cause the removal or abatement of the nuisance or
the correction of the condition complained of by such means as appear
to it necessary. The Township shall, in such event, have the right
and power to enter upon premises causing or contributing to said nuisance
or whereon the defective condition exists to accomplish the abatement
or correction thereof. In addition thereto, the Supervisors may, upon
the expiration of the ten-day period herein specified without the
correction of the condition complained of, forthwith revoke the permit
issued to conduct a sanitary landfill, whereupon the person operating
the same shall cease operations until his permit is restored.
[Amended 8-4-1982 by Ord. No. 82-8]
In the event that the Township shall have expended
moneys to abate a nuisance under the terms of this chapter or to correct
a condition complained of with respect to the operation of a sanitary
landfill, it shall recover the cost thereof, a penalty of 5% and an
attorney's fee of 5% by municipal claim proceedings under the Act
of May 16, 1923, P.L. 207, as amended; by summary proceedings, under the Act of May 1, 1933,
P.L. 103, Article VII, Section 702, Clause XII, as amended; by an action of assumpsit in the Court of Common Pleas of any county where jurisdiction may be obtained, under the Act of May 1, 1933, P.L. 103, Article
XXI, Section 2106, as amended; or by such other remedies as may be provided by law, at
the election of the Township.
In addition to such other remedies as shall
be provided for herein, the Township shall have the right to institute
proceedings in equity in a court of appropriate jurisdiction to enforce
the provisions hereof.
[Amended 5-6-1964 by Ord. No. 64-6; 9-19-1996 by Ord. No.
96-3; 6-3-1998 by Ord. No. 98-4; 11-18-1999 by Ord. No. 99-16]
Any person or persons violating any of the provisions
of this article shall be subject to a criminal fine not to exceed
$1,000 per violation and imprisonment in the Montgomery County Correctional
Facility to the extent allowed by law for the punishment of summary
offenses. Enforcement of any such violations shall be by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
A new and separate offense shall be deemed committed for each day
that such violation exists.
This article shall become effective five days after enactment, as provided by law; provided, however, that persons presently operating dumps within the Township shall have a period of 30 days from the effective date of this chapter within which to either cease such operations or comply with the provisions of §
112-4 hereof.
[Adopted 10-4-1961 by Ord. No. 61-3]
Whenever any person shall have utilized the
highways of Lower Salford Township in such a manner as to result in
the deposit thereon of substantial quantities of dirt, debris or foreign
matter of any kind or in such a manner as to have created a hazardous
condition or as to have destroyed, blocked or caused deterioration
of drainage on or in drain areas adjacent to said highways, said person
shall immediately cause the correction of said condition or conditions.
[Amended 8-4-1982 by Ord. No. 82-8]
Should any person cause or permit the continuance of any nuisance or dangerous condition set forth in §
112-12 of this article without the commencement of corrective action immediately upon written or oral notification of conditions specified in §
112-12 or by failure to prosecute corrective action to completion within a reasonable time thereafter, the Township may cause the removal, correction or abatement of the condition, structure or improvement constituting a nuisance or danger to the public by such means as appear to it necessary, including construction or reconstruction. The Township shall, in such event, where necessary, have the right and power to enter upon the offending premises to accomplish the foregoing.
[Amended 8-4-1982 by Ord. No. 82-8]
In the event that the Township shall have expended
moneys to remove, correct or abate any condition, structure or improvement
constituting a nuisance or danger to the public under the terms of
this article, it shall recover the cost thereof, a penalty of 5% and
an attorney's fee of 5% by municipal claim proceedings under the Act
of May 16, 1923, P.L. 207, as amended; by summary proceedings, under the Act of May 1, 1933,
P.L. 103, Article VII, Section 702, Clause XII, as amended; by an action of assumpsit in the Court of Common Pleas of Montgomery County under the Act of May 1, 1933, P.L. 103, Article
XXI, Section 2106 as amended; or by such other remedies as may be provided by law, at
the election of the Township.
In lieu of removal, correction or abatement
of any condition, structure or improvement constituting a nuisance
or danger to the public by the Township of Lower Salford, the Township
may enforce the provisions of this article by means of a complaint
in equity filed in the Court of Common Pleas of Montgomery County
to compel the offender to do so and to seek such other relief as said
Court is empowered to afford.
[Amended 8-4-1982 by Ord. No. 82-8; 9-19-1996 by Ord. No.
96-3; 6-3-1998 by Ord. No. 98-4; 11-18-1999 by Ord. No. 99-16]
Any person or persons violating any of the provisions
of this article shall be subject to a criminal fine not to exceed
$1,000 per violation and imprisonment in the Montgomery County Correctional
Facility to the extent allowed by law for the punishment of summary
offenses. Enforcement of any such violations shall be by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Each day's continuance of a violation shall constitute a separate
offense.
The remedies herein provided for the enforcement
of the provisions of this article or of any remedy afforded by law
shall not be deemed mutually exclusive and may be employed simultaneously
or consecutively, at the discretion of the Township of Lower Salford.