[Adopted 12-15-1971 by Ord. No. 631R (Ch. 78, Art. V, of the 1971 Code)]
[Amended 12-11-1991 by Ord. No. 91-15R; 12-28-1999 by Ord. No. 99-25R]
A. 
No person shall erect, place or maintain upon any public street or sidewalk any pump, tank, standpipe or other apparatus used or designed or intended to be used for the purpose of containing, conveying or supplying gasoline or other volatile liquid, oil or air.
B. 
No person shall erect, place or maintain any showcase, stand, box, case or other contrivance for the display of merchandise or other obstruction of any kind or nature over, under or upon any portion of any sidewalk.
C. 
No person shall erect upon any public property a pole for the purposes of supporting a basketball backboard and hoop.
D. 
Such prohibited encumbrances and encroachments are hereby declared to be nuisances.
E. 
No structure shall be erected or installed under, in, on or above any street, sidewalk or public place without the prior written permission of the Mayor and Council for the purpose of regulating or improving such streets, sidewalks or public places.
[Amended 12-11-1991 by Ord. No. 91-15R; 12-28-1999 by Ord. No. 99-25R]
Whenever any nuisance, as defined in the preceding section, shall exist in, on, or upon any street, sidewalk or public place, the Director of Public Works, the Chief of Police or the Chairperson of the Public Safety Committee of the Council shall cause to be served upon the owner of the structure itself or the person, property owner or occupant responsible for placing, erecting or maintaining such nuisance (structure) a notice, in writing, to remove the nuisance within 20 days after receipt of said notice. Said notice shall be served personally or by certified mail upon the owner or occupant or by leaving the same at his/her usual place of abode with a person above the age of 14 years. Such owner or occupant may appeal this determination to the Mayor and Council within the 20 days for the purpose of showing why such nuisance (structure) should not be removed. The Mayor and Council may, in its discretion, revoke such notice or may extend the time within which the nuisance (structure) must be removed.
[Amended 12-11-1991 by Ord. No. 91-15R]
In case the owner or occupant upon whom a notice has been served as provided in § 259-26 fails, neglects or refuses to remove the nuisance (structure) in compliance with said notice and within the time required, the Director of Public Works shall be authorized to immediately remove such nuisance without further notification to or compensation to any person claiming ownership of said nuisance, without the Borough being liable for any damage to said nuisance. The failure, neglect or refusal of the owner to comply with the notice shall constitute a violation of this article and shall subject him/her to the penalty provided in § 259-28 and shall authorize the Borough to recover the cost incurred for removal of said nuisance (structure) from the person found responsible for its erection. In the event that such moneys are reimbursed, the Borough shall then return the structure to the owner.
[Amended 12-11-1991 by Ord. No. 91-15R; 12-28-1999 by Ord. No. 99-25R; 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person who shall violate any provision of this article shall, upon conviction thereof, be subject to the penalty provisions of § 1-2, General penalty.