[Adopted 5-4-1979 by Ord. No. 33-4]
It shall be unlawful to accumulate, burn, dump or store, or to cause to be accumulated, burned, dumped or stored, or to permit the accumulation, burning, dumping or storage of, any of the items listed in § 93-10 in or on any public or private property, vacant or occupied, within Whitpain Township, where to do so or to allow an existing condition to continue is found to be a nuisance.
[Added 10-7-2003 by Ord. No. 278]
All exterior property and premises shall be
maintained in a clean, safe and sanitary condition. The occupant of
the property or premises shall keep that part or portion of the exterior
property or premises which such occupant occupies or controls in a
clean and sanitary condition.
A.
Grading and drainage. All premises shall be graded
and maintained to prevent the erosion of soil and the accumulation
of stagnant water thereon, or within any structure located thereon,
except for any areas of approved retention or reservoirs.
B.
Sidewalks and driveways. All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas shall be kept
in a proper state of repair, maintained free from hazardous condition.
C.
Rodents and vectors. All structures and exterior property
shall be kept free from rodent and vector harborage and infestation.
Where rodents or vectors are found or presence suspected, they shall
be promptly exterminated by approved processes which shall not be
injurious to human health. After proper elimination of rodent or vector
harborage, proper precautions shall be taken to eliminate rodent,
vector or pest harborage or reinfestation.
D.
Accessory structures. All accessory structures, including
detached garages, fences and walls, shall be maintained in a structurally
sound fashion and in good repair.
E.
Gates. Any gates which are required to be self-closing
and self-latching shall be maintained in such a manner that the gate
will positively close and latch when released from a still position
of six inches from the gatepost.
F.
Motor vehicles. Except as provided in other regulations,
no inoperative or unlicensed motor vehicle shall be parked, kept or
stored on any premises, an no vehicle shall be maintained in a state
of major disassembly, disrepair or in the process of being stripped
or dismantled, except that any vehicle is permitted to undergo major
overhauling, including body work; provided, however, that such work
is performed or conducted within a lawfully erected structure or enclosed
area designed for such work and is approved prior to erection upon
the premises.
G.
Defacement of property. No person shall willfully
or wantonly damage, mutilate or deface any exterior surface of any
structure or building on any private or public property by placing
thereon any carvings, paintings or graffiti. It shall be the responsibility
of the owner or occupant to restore any building or structure defaced
to an approved condition of maintenance and repair.
Any accumulating, burning, dumping or storing of any of the items listed in § 93-10 which in any manner impedes pedestrian or motor vehicle traffic, interferes with the enjoyment of property, reduces the value of private property, invites malicious mischief, creates a fire hazard or results in a hazard to the health, safety, cleanliness or welfare of any Township resident is hereby declared to be a nuisance and is hereby prohibited.
The accumulation, burning, dumping or storage of the following items, as defined herein, is prohibited by the provisions of § 93-8:
A.
Ashes. The residue from the burning of wood, coal,
coke or other combustible materials.
B.
Garbage. Putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking or consumption of food.
C.
Rubbish. Nonputrescible solid wastes (excluding ashes),
consisting of both combustible and noncombustible wastes, such as
paper, cardboard, tin cans, yard clippings, wood, glass, bedding,
crockery and similar materials.
A.
Whenever the Supervisors of Whitpain Township or their
duly authorized agents find that any nuisance as defined in this article
exists in the Township, a notice in writing shall be served upon the
occupant of the land where the nuisance exists, or in case there is
no such occupant, then upon the owner of the property or his agent,
notifying him of the existence of the nuisance and directing its removal
within 72 hours.
B.
For the purpose of the enforcement of this article,
the Township Engineer of Whitpain Township, the Zoning Officer of
Whitpain Township and any police officer of the Whitpain Township
Police Department are hereby declared to be duly authorized agents
of the Supervisors of Whitpain Township.
The owner of the items listed in § 93-10 and the owner or occupant of the private property on which the same are located shall be responsible for their removal. In the event of removal and disposition by the Township, the owner or occupant of the private property where same are located shall be liable for the expenses incurred.
The notice referred to in § 93-11 above shall advise that upon failure to comply with the notice to remove or completely abate the nuisance, the Township of Whitpain or its duly authorized designee shall undertake removal of the nuisance.
The costs of removal of the nuisance by the
Township of Whitpain or its duly authorized designee shall constitute
a lien against the property from which it is removed pursuant to and
enforceable in accordance with the Municipal Claims and Tax Lien Laws,
Act of May 16, 1923, P.L. 207, as amended, 53 P.S. § 7101
et seq.
[Amended 5-19-1986 by Ord. No. 165; 1-2-1989 by Ord. No.
184]
Any person who violates any of the provisions of this article or who fails to comply with the notice referred to in § 93-11A above, upon conviction thereof, shall forfeit and pay a fine of not more than $600 to the Township of Whitpain, the same to be collected by summary proceedings brought in the name of the Township of Whitpain. A new and separate offense shall be deemed to be committed for each day that the violation exists after notice to remove or abate has been received. In default of the payment of any fine and cost imposed under the provisions of this section, or upon failure to pay the costs of removing or abating a nuisance as aforesaid, the person or persons so charged may be sentenced and committed to the county jail for a period not exceeding 30 days.
Notwithstanding anything contained to the contrary
herein, the provisions of this article shall not apply to any junkyard
or repair shop located in a zoning district wherein such are permitted
or not prohibited by the Zoning Ordinance of Whitpain Township, Ordinance
No. 4 of 1950, as amended.[1]
