Borough of Coudersport, PA Nuisances

Any use of property within the Borough, or any condition upon property within the Borough that, other than infrequently, causes or results in: (i) annoyance or discomfort to persons beyond the boundaries of that property; or (ii) interference with the health or safety of persons beyond the boundaries of that property or of persons who might reasonably be expected to enter upon or be in that property; or (iii) disturbance to or interference with the peaceful use of the property of others within the Borough, in any case taking into consideration the location of the use or condition and the nature and condition of the surrounding neighborhood. Specifically, the word "nuisance" shall include, but shall not be limited to the following:

(1)

Loud playing of radios, television sets, amplifiers and other sound devices so as to be heard beyond the premises from which the same shall emanate.

(2)

Maintaining or permitting the maintenance of any of the following dangerous conditions, structures or premises:

(a)

Open wells or cisterns;

(b)

Open excavation;

(c)

Unfinished buildings, foundations or other structures;

(d)

Buildings or structures damaged or partially destroyed or in a state of disrepair or danger;

(e)

Dangerous placement or storage of vehicles, materials or equipment;

(f)

Lakes, ponds or pools not properly safeguarded;

(g)

Stagnant water in pools in which mosquitoes, flies or insects multiply.

(3)

Carrying on construction work in such a manner that dirt is carried by wind onto adjacent properties or that mud is tracked or drained into streets adjacent to the project and not promptly removed.

(4)

Washing, tracking or otherwise depositing dirt, mud, soil, stone or debris upon or onto the pavement of any street, without removing the same before 5:00 p.m. of the day on which the same was deposited thereupon.

(5)

Using any property or operating any business or other activity so as to permit or cause noticeable smoke, soot, cinders, fly, ash, dust, mud, dirt, acid, noxious or offensive fumes, gases or odors to be discharged into the air, or to be carried off the premises, to the annoyance of other persons lawfully enjoying their own property, so as to interfere with normal use of adjacent properties, or to cause any water to become polluted by sewage, industrial wastes, acid or other substance, or to cause a glare from lights, or noise of such character as to cause annoyance to residents or interference with the normal use of adjacent properties.

(6)

Creating or maintaining "attractive nuisances," which is the leaving of a dangerous instrumentality which by its character is dangerous and attractive to children and in a place frequented by children.

PERSON

Includes any natural person, partnership, association, firm or corporation.

In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 240-2 Nuisances prohibited.

It shall be unlawful for any person to create, continue, cause, maintain or permit to exist any nuisance at any place within the Borough.

§ 240-3 Abatement of nuisance.

Any person who creates, continues, causes, maintains, or permits to exist any nuisance at any place within the Borough, shall, after notice from the Borough Council of the Borough of Coudersport or the Mayor of the Borough of Coudersport, or the Police Department of the Borough of Coudersport forthwith remove and abate that nuisance. If that person fails, neglects or refuses to abate the nuisance within a reasonable time, having due regard for the nature of said nuisance, then the Borough Council of the Borough of Coudersport shall have the authority in person or by its agents and/or employees to remove or abate the nuisance, and, in so doing, shall have authority to enter upon the property of the person in default. Thereupon, Borough Council shall collect the cost and expense of the abatement or removal from the person who created, continued, caused or maintained the nuisance and/or permitted it to exist, that person having failed, neglected or refused to remove or abate the nuisance, with an additional amount of 10%, in the manner provided for the collection of municipal claims, or by an action in assumpsit. The cost and expense may be in addition to any penalty imposed under § 240-4 of this chapter.

§ 240-4 Violations and penalties.

[Amended 7-8-1987 by Ord. No. 474]

Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300; and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense.

§ 240-5 Further abatement.

This chapter shall not be construed to be the sole means for abatement of nuisances within the Borough, and nothing shall preclude any person from proceeding individually or with other injured persons, to effect the abatement of a private nuisance. Furthermore, in the exercise of the powers conferred in this chapter, the Borough may institute proceedings in equity.