[Adopted 7-10-1979 by Ord. No. 356; amended
in its entirety 4-8-1996 by Ord. No. 475 (Ch. 10, Part 2 of the
1996 Code)]
It shall be unlawful for any person, owner or
lessee to maintain a motor vehicle nuisance upon the open private
grounds of such person, owner or lessee within the Borough of Denver.
A motor vehicle nuisance shall include any motor vehicle which is
unable to move under its own power and has any of the following physical
defects:
A. Broken windshields, mirrors or other glass, with sharp
edges.
B. One or more flat or open tires or tubes which could
permit vermin harborage.
C. Missing doors, windows, hood, trunk or other body
parts which could permit animal harborage.
D. Any body parts with sharp edges, including holes resulting
from rust.
E. Missing tires resulting in unsafe suspension of the
motor vehicle.
F. Upholstery which is torn or open which could permit
animal and/or vermin harborage.
G. Broken head-lamps or tail-lamps with sharp edges.
H. Disassembled chassis parts apart from the motor vehicle
stored in a disorderly fashion or loose in or on the vehicle.
I. Protruding sharp objects from the chassis.
J. Broken vehicle frame suspended from the ground in
an unstable manner.
K. Leaking or damaged oil pan or gas tank which could
cause fire or explosion.
L. Exposed battery containing acid.
M. Inoperable locking mechanism for doors or trunk.
N. Open or damaged floor boards, including trunk and
fire-wall.
O. Damaged bumpers pulled away from the perimeter of
vehicle.
P. Broken grill with protruding edges.
Q. Loose or damaged metal trim and clips.
R. Broken communication equipment antennae.
S. Suspended on unstable supports.
T. Such other defects which could threaten the health,
safety and welfare of the citizens of the Borough.
It shall be unlawful for any person to store
or maintain abandoned, unused, stripped, damaged and generally unusable
appliances, machinery or equipment, or construction materials in the
open on private property. Such storage shall constitute a nuisance
and/or health hazard if any of the following conditions exist:
A. Broken glass or metal parts with sharp or protruding
edges.
B. Containers which are conducive to the harboring and
growth of vermin or animals.
C. Storage in any manner which would allow the equipment,
machinery, material or any parts thereof to easily shift, tilt, or
fall from its original storage position.
D. Containers of any liquid or material of a hazardous
or potentially hazardous nature, including, but not limited to, gasoline,
oil, battery acids, refrigeration agents and poisons.
E. Refrigerators with the doors remaining attached.
F. Any other condition which shall threaten the health,
safety or welfare of the citizens.
If the owner of property on which appliances,
machinery, equipment, and/or construction materials are stored does
not comply with the notice to abate the nuisance, within the time
limit prescribed, the Borough shall have the authority to take measures
to correct the conditions and collect the cost of such corrections
plus 10% of all costs. The Borough, in such event and pursuant to
its statutory or otherwise authorized police powers, shall have the
right and power to enter upon the offending premises to accomplish
the foregoing.
[Amended 12-11-2006 by Ord. No. 564; 7-29-2013 by Ord. No. 612]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine not more than $1,000, and in default of payment, to undergo imprisonment
for a term not to exceed 30 days. Each day that a violation of this
article continues shall constitute a separate offense. Upon summary
conviction or in a civil action, the defendant may be assessed reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings
in accordance with Section 3321(6) of the Borough Code.
The remedies provided herein for the enforcement
of this article, or any remedy provided by law, shall not be deemed
mutually exclusive; rather they may be employed simultaneously or
consecutively, at the option of the Borough Council.
[Adopted 3-29-2004 by Ord. No. 538]
This article shall be known and may be cited
as the "Denver Borough Stagnant Water Ordinance."
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
BOROUGH
The Borough of Denver, Lancaster County, Pennsylvania.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
STAGNANT WATER POOL
Any accumulation of stagnant water in which mosquitoes, flies
or other insects may multiply, including but not limited to open containers;
sewage; lagoons; ditches; roof gutters; wheelbarrows; bird baths;
ornamental pools; swimming pools; and/or vegetation, weeds, and grass
in excess of eight inches in height (except as may be otherwise provided
in wetlands and environmental ordinances and statues). When not practical
to eliminate the standing water, treatment of such water is mandated
by the application of a biological agent approved by the Borough.
If a title owner of a premises has treated an accumulation of water
with the application of a biological agent approved by the Borough,
such accumulation of water shall not be considered a stagnant water
pool for the purposes of this article.
STRUCTURE
That which is built or constructed or a portion thereof.
TITLED OWNER
Any person, firm, partnership or corporation having legal
title or equitable interest in a structure and/or premises as recorded
in the official records of the state, county or municipality; or guardian
of the estate of any such person, or the executor or administrator
of the estate of such person if in possession of real property as
a fiduciary or heir.
Borough Council finds and declares that any
stagnant water pool:
A. Is detrimental to the safety and welfare of the public;
B. Creates a public health risk/hazard in light of the
West Nile Virus problem; and
C. Shall be deemed a public nuisance constituting a violation
of this article.
It shall be unlawful for any titled owner to
permit or maintain a stagnant water pool upon any premises or structure
as defined herein the Borough and upon conviction for a violation
thereof shall be subject to the penalties provided under this article.
The Code Enforcement Officer shall enforce this
article.
Upon failure, neglect or refusal of any titled
owner to comply with any and all applicable sections of this article,
the Code Enforcement Officer is authorized to prepare appropriate
work orders for performance of work by authorized Borough employees
or contracted workers to effect compliance and abatement of any nuisance
on the subject premises, including entry onto private property. After
said compliance work is completed, statements for work performed shall
be prepared by the Borough Secretary. Said statements shall indicate
the description of the premises, tiled owner, the cost of work performed,
administrative charge, disposal costs, and all other costs, if any.
If the titled owner does not pay such statement, the Borough may file
a lien in the amount of such statement, together with a penalty in
the amount of 10% of such statement, against the premises affected.
Such lien shall continue in force until the full amount thereof, together
with interest at the rate of 6% per annum is paid in full.
[Amended 7-29-2013 by Ord. No. 612]
Any person, firm, partnership, association or corporation, or the members of such firm, partnership, association or corporation, who or which shall violate any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs for each violation, or to imprisonment for a term not to exceed 30 days. Each day that a violation continues shall constitutes a separate offense. Such penalties shall be in addition to and costs for work performed in accordance with §
126-16 of this article. Upon summary conviction or in a civil action, the defendant may be assessed reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings in accordance with Section 3321(6) of the Borough Code.