[HISTORY: Adopted by the Board of Supervisors of the Township of East Bradford 9-13-1983 by Ord. No. 59-1983. Other amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 45.
Junkyards — See Ch. 66.
Open burning — See Ch. 76.
Soil erosion and sediment control — See Ch. 90.
Solid waste — See Ch. 91.
Water — See Ch. 111.
A. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
BOARD OF SUPERVISORS
The Board of Supervisors of East Bradford Township, Chester County, Pennsylvania.
NUISANCE
The unreasonable, unwarrantable or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person in the legitimate enjoyment of his reasonable rights of person or property.
OWNER
A person owning, leasing, occupying or having charge of any premises within the township.
PERSON
Any natural person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
The Township of East Bradford, Chester County, Pennsylvania.
B. 
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number; and the word "shall" is always mandatory and not merely directory.
Nuisances, including but not limited to the following, are hereby declared to be illegal:
A. 
Storing or accumulating garbage or rubbish.
B. 
Storing or accumulating more than three antique or collector motor vehicles for restoration neither sheltered by a building nor enclosed behind an evergreen or solid fence of a minimum height of eight feet; or storing or accumulating in an unorderly fashion three or fewer antique or collector motor vehicles for restoration.
C. 
Drainage or flowing, or allowing to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, wash stands, lavatories, water closets, privies or cesspools of any kind or nature whatsoever or any other foul or offensive water or foul or offensive drainage of any kind, from property along any public highway, road, street, avenue, lane or alley in the township into or upon any said highway, road, street, avenue, lane or alley or from any property into or upon any adjoining property.
D. 
Draining or flowing, or allowing to drain or flow, any water or drainage from within dwellings situate upon property along any public highway, road, street, avenue, lane or alley in the township into or upon the cartway or traveled portion of any said highway, road, street, avenue, lane or alley, except where provision has been made in said cartway or traveled portion for said drainage by means of a drainage ditch or otherwise.
E. 
Burning garbage, tires or tar products.
F. 
Maintaining or causing to be maintained any dangerous structure, including but not limited to abandoned or unoccupied buildings or parts of buildings in a state of dilapidation or disrepair.
G. 
Refusing or failing to cut and destroy ragweed, chicory, thistle, goldenrod, poison ivy, poison oak, sumac or other similar vegetation which has grown above the height of 12 inches.
H. 
Permitting or allowing any well or cistern to be or remain uncovered.
I. 
Interfering with the flow of a stream, creek or other waterway, by means of dam construction or otherwise.
J. 
Removing the embankment of a stream so as to alter the natural flow of the stream.
K. 
Pushing, shoveling or otherwise depositing snow upon the cartway or traveled portion of any public highway, road or street which is maintained by this township or by the Commonwealth of Pennsylvania and allowing the same to remain thereon.
L. 
Allowing sediment or gravel from any unpaved or unmaintained driveway to be discharged into the street drainage system or onto the cartway or traveled portion of any public highway, road or street which is maintained by the township or by the Commonwealth of Pennsylvania, the result which either pollutes or creates a hazard to pedestrians or motorists.
[Amended 7-11-1995 by Ord. No. 163-1995]
M. 
Allowing or permitting any excavation, material excavated or obstruction, on or adjoining any highway, street or road, to remain opened or exposed without the same being secured by a barricade, temporary fence or other protective materials.
[Added 7-11-1995 by Ord. No. 163-1995]
N. 
Partially or completely obstructing any public highway, road, street, avenue, lane, alley or right-of-way in the Township, by or as a result of felling trees, dumping or piling material of any kind, making fences, altering or turning the highway, road, street, avenue, lane, alley or right-of-way, diverting water, or by any other means.
[Added 12-13-2006 by Ord. No. 8-2006]
A. 
Whenever a condition constituting a nuisance is permitted or maintained, the Board of Supervisors shall cause written notice to be served upon the owner in one of the following ways:
(1) 
By making personal delivery of the notice to the owner.
(2) 
By handing a copy of the notice at the residence of the owner to an adult member of the family with which he resides; but if no adult member of the family is found, then to an adult person in charge of such residence.
(3) 
By fixing a copy of the notice to the door at the entrance of the premises in violation.
(4) 
By mailing a copy of the notice to the last known address of the owner by certified mail.
(5) 
By publishing a copy of the notice in the local newspaper once a week for three successive weeks.
B. 
Such notice shall set forth in what respects such condition constitutes a nuisance and whether removal is necessary and required by the township or whether the situation can be corrected by repairs, alterations or by fencing or boarding or in some way confining and limiting the nuisance. Such notice shall require the owner to commence action in accordance with the terms thereof within 21 days and thereafter to comply fully with its terms with reasonable dispatch, all material to be supplied and work done at the owner's expense; provided, however, that if the violation charged is under § 73-2E, H, K, L or M, and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.
[Amended 7-11-1995 by Ord. No. 163-1995]
If the owner, after receiving due notice, refuses to comply with the terms thereof:
A. 
He shall, upon being found liable therefor in a civil enforcement proceeding, pay a fine of not more than $1,000 nor less than $25, together with court costs and reasonable attorneys fees, and may be incarcerated for a period not exceeding 90 days. Such fine, costs, attorney fees and incarceration, after being reduced to a final, unappealed judgment, shall be enforced by the township pursuant to the applicable rules of criminal procedure. Each day of a violation shall constitute a separate violation.
[Amended 12-11-1984 by Ord. No. 76-1984; 10-8-1996 by Ord. No. 3-1996; 7-8-1997 by Ord. No. 2-1997[1]]
[1]
Editor's Note: This ordinance further provided that "the term 'reasonable attorneys fees' shall mean all those attorneys fees incurred by the township in bringing an action to enforce the Code and collect fines and penalties in connection therewith and shall be at that hourly rate annually approved by the Board for the Township Solicitor."
B. 
The Board of Supervisors may direct the removal, repairs or alterations, as the case may be, to be done by the township, and the cost thereof, with a penalty of 10%, may be collected from the owner of the premises by an action of assumpsit, or may file a municipal claim or lien therefor against such real estate.
C. 
The township, by means of a complaint in equity, may compel the owner to do so or seek such other relief as such court is empowered to afford.