[HISTORY: Adopted by the Borough Council
of the Borough of Kutztown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-12-1993 as Ord. No. 1-1993]
This chapter shall be known as, and may be cited
as, the "Public Health/Nuisance Ordinance."
The Code Enforcement Officer shall administer
and enforce the provisions of this chapter and may make rules and
regulations necessary for its administration. Such rules and regulations
shall not be in conflict with this chapter and shall be submitted
to the Council of the Borough of Kutztown for approval by resolution.
If the rules and regulations so submitted to Council are approved
by Council, the same shall be filed in the office of the Code Enforcement
Officer of the Borough of Kutztown and in the office of the Secretary
of the Borough of Kutztown as an addenda to this chapter.
A.
AGENT
BOROUGH
BOROUGH COUNCIL
BOROUGH MANAGER
CODE ENFORCEMENT OFFICER
NOTICE
OCCUPANT
OWNER
PERSON
PROPERTY
SIDEWALK
STREET
As used in this chapter, the following terms shall
have the meanings indicated:
A person representing and acting on behalf of an owner.
The Borough of Kutztown, Berks County, Pennsylvania.
The Council of the Borough of Kutztown, Berks County, Pennsylvania.
The corporate official appointed by the Borough Council as
the Borough Manager or such official's properly designated representative.
[Amended 12-26-1995 by Ord. No. 12-1995]
The person designated as such by the Council of the Borough
of Kutztown, and shall include a duly authorized representative of
the Borough, community service officer, or sworn police officer.
[Amended 11-16-2021 by Ord. No. 5-2021]
The notice of any violation of this chapter which is provided for in § 168-13 of this chapter.
Any person other than the owner who resides upon a property
and has control of the same.
Any person who, alone or jointly or severally with others:
Includes any individual, firm, corporation, association,
partnership, trust or other entity.
Any lot or part thereof or any land or part thereof located
within the Borough of Kutztown, whether public or private.
The area within the street right-of-way between the curb
or edge of paving and the right-of-way line of the street.
A public or private right-of-way intended for use as a means
of vehicular and pedestrian circulation which provides a means of
access to abutting property. The word "street" includes thoroughfare,
avenue, boulevard, court, drive, expressway, highway, service street
or alley, lane and road or similar terms.
B.
Words used in the present tense include the future;
words in the masculine gender include the feminine and the neuter;
and the singular number includes the plural, and the plural the singular.
When terms, phrases or words are not defined, they shall have their
ordinarily accepted meanings or such as the context may imply.
A.
No person owning or occupying any property shall permit
any grass or weeds or any vegetation whatsoever, not edible or planted
for some useful or ornamental purpose, to grow or remain upon such
property so as to exceed a height of six (6) inches or to throw off
any unpleasant or noxious odor or to conceal any filthy deposit or
to create or produce pollen.
B.
No person owning or occupying any property shall permit
any hedges or brush to grow or remain upon any property which obstructs
any street, sidewalk, fire hydrant or traffic control device.
C.
Any property utilized for agricultural purposes or property which consists of wooded areas shall be maintained in compliance with Subsection A and B of this section and § 168-6C and § 168-5 of this chapter within the street right-of-way, but in no case shall such maintenance be less than ten (10) feet from the edge of the street paving.
E.
The owner of any property, whether or not vacant, and/or the occupant of any property, in cases of property occupied by any person other than the owner thereof, shall remove, trim or cut all hedges, brush, grass, weeds or other vegetation growing or remaining upon such property in violation of the provisions of Subsection A, B or C of this section.
A.
All trees within the borough shall be kept trimmed
by the owner or occupant of the property on or in front of which they
are located so that the minimum clearance of any overhanging portion
thereof shall not be less than fourteen (14) feet above the cartway
of any street and not less than eight (8) feet above the sidewalk
area of any street.
B.
Any tree upon a property which is dead or substantially
diseased shall be removed by the owner of the property on or in front
of which the same is located.
A.
No person shall place and maintain upon any of the
streets or sidewalks of the borough, unless such person shall have
prior approval of the Borough Council, any goods, wares or merchandise
for display, storage or sale; provided, however, that the provisions
of this chapter shall not affect the provisions of any other ordinance
regulating the placing of building materials and the procuring of
a permit therefor.
B.
No person shall permit any door of any structure to
project into any street or sidewalk so as to create an obstruction
to traffic, whether vehicular or pedestrian.
C.
No person shall erect or permit any structure or sign
or place any plant or permit any plant at a street intersection so
as to impede vision between a height of two and one-half (21/2) feet
and ten (10) feet above the center-line grades of the intersecting
streets in the area bounded by the street center line of each such
intersecting streets and a line joining the street center line at
a distance of seventy-five (75) feet from the point of intersection,
except that in the case of a service street, said line shall be drawn
at a distance of twenty-five (25) feet along the service street from
the point of intersection.
[Amended 12-26-1995 by Ord. No. 12-1995; 6-18-2019 by Ord. No. 1-2019]
A.
No person
shall append or affix or cause to be appended or affixed by nailing,
tacking, hanging or otherwise appending any sign, notice or advertisement
of any kind whatsoever upon any tree, post, pole, electric pole or
pillar of any description within a street.
B.
No person
shall deliver or distribute newspapers or advertising matter to any
premises unless it is handed to the recipient, placed on the driveway,
porch, stoop or entranceway of the building or firmly affixed to a
building so as to prevent the newspaper or advertising matter from
being blown about, becoming scattered or in any way causing litter.
It shall be unlawful to distribute these materials as described above
if the owner or occupant has informed the person delivering or causing
delivery that he/she does not wish to receive it.
C.
Borough
Council or a duly authorized representative may authorize the placement
of temporary direction signs to facilitate traffic during special
events.
D.
Requests for temporary placement of signs as noted in Subsection C of this section must be submitted to the Borough Manager or Code Enforcement Officer no less than 24 hours prior to the time proposed for the placement of the signs.
A.
No person shall place or cause to be placed or permit
any glass, metal, refuse and/or debris, including but not limited
to grass clippings, stone from driveways and like matter, upon any
street within the borough.
B.
No person shall keep or suffer to remain on any property
any odorous, offensive or unwholesome matter of any kind or any garbage,
rubbish, paper, refuse, litter, wood or other matter or substance
or substances which attract rats, mice or other rodents or insects
or create odorous conditions.
C.
No person shall throw, place, discard or be a party
to the throwing, placing or discarding of any odorous, offensive or
unwholesome matter of any kind or any garbage, rubbish, paper, refuse,
wood or litter of any kind on, upon or adjacent to any street, sidewalk
or property within the borough.
A.
No person shall:
(1)
Ignite or feed an open fire for the destruction of
refuse, the conduct of a salvage operation or any other purpose on
any property;
(2)
Cause, suffer, allow or permit the maintenance of
any open fire for the destruction of refuse, the conduct of a salvage
operation or any other purpose on any property under his control;
or
(3)
Make any bonfire or bonfires or set fire to any wood
shavings, paper, hay, straw or any other inflammable substance on
any street or sidewalk or public or private property unless approval
for such bonfire or bonfires is granted by Borough Council upon recommendation
of the Code Enforcement Officer and/or the Fire Chief of the Kutztown
Fire Company No. 1.
No person shall permit or cause any vehicles,
boats or trailers of any kind or type without current license plates
and registration to be parked or stored on any property other than
in a completely enclosed building, unless the vehicles are for sale
at a permitted sales agency dealing in vehicles, boats or trailers.
A.
All off-street parking areas and access drives shall
either be paved or stone as required by applicable ordinances of the
borough. No person shall permit the parking of vehicles on any other
surface.
B.
Stone driveways and parking areas shall be maintained
by the occupant and/or owner so as to prevent ponding of water or
the migration of any loose stone onto any street.
A.
No person shall perform any work or cause any work
to be performed which creates a nuisance at night, on Sundays or legal
holidays except upon written authorization of the Code Enforcement
Officer. When any person desires to work at night, on Sundays or legal
holidays, said person shall notify the Code Enforcement Officer at
least two (2) days in advance requesting written permission. "Night"
shall be defined as one-half (1/2) hour before sunset and one-half
(1/2) hour after sunrise.
A.
Whenever the Code Enforcement Officer believes, or
has cause to believe, that there has occurred and/or is continuing
any violation of the provisions of this chapter or any rules or regulations
adopted pursuant to this chapter, the Code Enforcement Officer shall
give notice of such violation to each person responsible therefor,
and such notice shall:
(1)
Be in writing and state the place and location of
the violation.
(2)
State the nature, condition and manner of the violation.
(3)
State the determination of the Code Enforcement Officer
with respect to the violation.
(4)
State the name of each person deemed responsible by
the Code Enforcement Officer for such violation, together with the
name of the owner of the property upon which the violation occurred
and/or is located.
(5)
State the date of the notice and the period of time, if any, allowed for compliance with this chapter, as such period of time is specified in Subsection C of this section.
(6)
Be served upon the owner of the property involved and all other persons, if any, named in the notice pursuant to Subsection A(4) of this section, and service of such notice shall be made upon the owner and each such other person, if any, in accordance with Section 107.3 of the International Property Maintenance Code of 2009 as adopted by reference in § 136-1 of this Code.
[Amended 11-16-2021 by Ord. No. 5-2021]
B.
The requirements for service of notice as contained
in this chapter shall apply only as to notification of the first occurrence
of any violation. The issuance of a notice thereafter regarding any
repeated occurrence of the same violation shall not be required prior
to imposition of penalties as provided for in this chapter.
C.
The period of time within which a person determined to be responsible, pursuant to Subsection A(4) of this section, for any violation shall comply with the specific provisions of this chapter, following the issuance of a notice, shall be as follows:
(1)
As to violations of § 168-4 of this chapter, within five (5) days following the date of issuance of the notice;
(2)
As to violations of § 168-10 of this chapter, within ten (10) days following the date of issuance of the notice;
(3)
In all other cases, within the period of time determined
by the Code Enforcement Officer and set forth in the notice; and
(4)
Notwithstanding the time periods set forth in Subsection C(1), (2) and (3) set forth hereinabove, the notice of any violation may require immediate compliance with this chapter when it is determined by the Code Enforcement Officer that the violation in question presents an immediate and present danger or nuisance to the health, safety and welfare of the public, and, in such case, notice of the violation may be verbal (which verbal notice shall thereafter be confirmed with a written notice) and shall be served personally upon the person, if available, who has caused, is responsible for or in control of said violation, and such notice may require the immediate correction and discontinuance of the violation and compliance with this chapter.
D.
Notwithstanding any such notice requirements of this § 168-13, when it is determined by an officer of the Kutztown Police Department that an immediate present danger exists to the health, safety and welfare of the public, said officer shall enforce the provisions of this chapter being violated without need for the issuance of any notice of any violation.
E.
It shall
be unlawful for the owner of any premises who has received a compliance
order or upon whom a notice of violation has been served to sell,
transfer, mortgage, lease or otherwise dispose of such premises to
another until the provisions of the compliance order or notice of
violation have been complied with, or until such owner or the owner's
authorized agent shall first furnish the grantee, transferee, mortgagee
or lessee a true copy of any compliance order or notice of violation
issued by the Code Enforcement Officer and shall furnish to the Code
Enforcement Officer a signed and notarized statement from the grantee,
transferee, mortgagee or lessee acknowledging the receipt of such
compliance order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
[Added 11-16-2021 by Ord. No. 5-2021]
A.
Any owner, occupant or tenant who violates any provision of this Chapter 168 shall pay to the Borough an administrative penalty set forth in the fee schedule approved from time to time by resolution of the Borough Council.[1] If the owner, occupant or tenant fails to pay the administrative
penalty set forth in the resolution within 10 days, they may be prosecuted
for violation of a summary offense and, upon conviction thereof, shall
pay a fine of not less than $50 nor more than $1,000 and, in default
of the payment thereof, undergo imprisonment in the Berks County Prison
for a period not exceeding 30 days.
[Amended 11-16-2021 by Ord. No. 5-2021]
B.
Notwithstanding the imposition of any penalty hereinabove
prescribed, upon the neglect, failure or refusal of any person to
comply with the requirements of this chapter, following the expiration
of the period of time, if any, set forth in any notice of violation
of this chapter, the borough may, but shall not be required to, perform,
or cause the performance of, work or other actions necessary to remove,
correct, remedy, alter or otherwise abate the conditions which constitute
the violation of this chapter. Any person who is found to have violated
any provisions of this chapter shall, in addition to the penalties
provided for herein, bear all costs incurred by the borough in the
event that the borough has elected to perform, or cause to be performed,
any such remedial action. Any such costs may be collected by the borough
from any such person in the manner provided by law.
C.
Nothing contained in this chapter shall be deemed
to preclude the borough from instituting an appropriate civil action
or proceeding, whether at law and/or in equity, to prevent the performance
of work or acts declared to be unlawful under the provisions of this
chapter or to restrain, correct or abate a violation of this chapter
or to seek injunctive or other equitable relief to remedy or prevent
any violation under this chapter or to recover the cost of any remedial
action which the borough elects to undertake to correct any violation
of this chapter.
[Adopted 1-18-2022 by Ord. No. 1-2022]
This ordinance shall be known and may be cited as the "Borough
of Kutztown Air Pollution Control Ordinance of 2022."
The Borough Council of the Borough of Kutztown, under, and by
virtue of and pursuant to the authority granted by the Air Pollution
Control Act at 35 P.S. § 4001 et seq. to the Borough Council
do hereby enact and ordain this article.
The following words, terms, and phrases, when used in this article,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
Borough Council of the Borough of Kutztown.
A substance used to abate the dispersion of particulate matter
into the air. Dust palliatives for use on roads and other surfaces
may be water or other substances approved by PennDOT and the Department
of Environmental Protection.
Wastewater or solid waste produced through the hydraulic
fracturing process to extract natural gas or oil.
An air contaminant of the outdoor atmosphere not emitted
through a flue, including, but not limited to, industrial process
losses, stockpile losses, re-entrained dust, and construction/demolition
activities.
A city, incorporated town, township, borough, county, municipal
authority, or other public body created under state law having jurisdiction
over the disposal of sewage, industrial wastes, or other wastes.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
This includes public and private roadways, paved and unpaved
parking areas, racetracks of any kind, and land used for recreational
purposes.
A petroleum-based or synthetic oil which is used in an internal
combustion engine as an engine lubricant, or as a product for lubricating
motor vehicle transmissions, gears, or axles which, through use, storage,
or handling has become unsuitable for its original purpose due to
the presence of chemical or physical impurities or loss of original
properties.
Oil refined from crude oil or synthetically produced, used,
and as a result of the use, contaminated by physical or chemical impurities.
The term includes used oil or oil whose original purpose has been
completed and which is directed to a disposal or processing facility
or is otherwise disposed.
A.
After (the effective date) a person responsible for any of the following
activities or sources of fugitive air contaminants shall take all
reasonable actions to prevent particulate matter from becoming airborne:
(1)
Construction or demolition of buildings or structures.
(2)
Construction, grading, paving, and maintenance of roads and streets.
(3)
Use of roads and streets. Emissions from material in or on trucks,
railroad cars, and other vehicular equipment are not considered as
omissions from use of roads and streets.
(4)
Clearing of land.
(5)
Stockpiling of materials.
B.
A person may not permit fugitive air contaminants to:
A person responsible for any source specified in § 168-18 shall take all reasonable actions to prevent fugitive air contaminants from becoming airborne. These actions include, but are not limited to, the following:
A.
Use, where possible, of water or approved dust palliatives for control
of dust in the demolition of buildings or structures, construction
operations, the grading or use of roads or streets, or the clearing
of land. The dust palliative used must be one which is approved by
PennDOT and by the Department of Environmental Protection. The method
of application must be one which is approved by PennDOT and by the
Department of Environmental Protection. The use of waste oil and fracking
waste as a dust palliative is prohibited.
B.
Application of asphalt, water, or approved dust palliatives on dirt
roads, material stockpiles, and other surfaces which may give rise
to airborne dusts. The dust palliative used must be one which is approved
by PennDOT and by the Department of Environmental Protection. The
method of application must be one which is approved by PennDOT and
by the Department of Environmental Protection. The use of waste oil
and fracking waste as a dust palliative is prohibited.
C.
Paving and maintenance of roadways.
D.
Immediate removal of earth or other material from paved streets onto
which earth or other material has been transported by trucking or
earth-moving equipment, erosion by water, or other means.
The requirements of this article do not apply to fugitive air
contaminants arising from the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation.
A.
The Borough of Kutztown Code Enforcement Officer shall have the power
and duty to enforce the provisions of this article.
B.
The Borough of Kutztown may issue such orders as are necessary to
aid in the enforcement of the provisions of this article. These orders
shall include, but shall not be limited to: orders requiring persons
to cease unlawful activities or cease operation of a fugitive air
contaminant source which, in the course of its operation, is in violation
of any provision of this article; orders to take corrective action
or to abate a public nuisance; orders requiring the testing, sampling,
or monitoring of any fugitive air contaminant source; or orders requiring
production of information. Such an order may be issued if the Borough
of Kutztown finds that any condition existing in or on the facility
or source involved is causing or contributing to fugitive air contaminants
or if the Borough of Kutztown finds that any person is in violation
of any provision of this article.
C.
The Borough of Kutztown may, in its order, require compliance with
such conditions as are necessary to prevent or abate fugitive air
contaminants or effect the purposes of this article.
D.
An order issued under this section shall take effect upon notice,
unless the order specifies otherwise. An appeal to the Berks County
Court of Common Pleas of the Borough of Kutztown's order shall
not act as a supersedeas; provided, however, that, upon application
and for cause shown, the Berks County Court of Common Pleas may issue
such a supersedeas under rules established by the Berks County Court
of Common Pleas.
E.
The authority of the Borough of Kutztown to issue an order under
this section is in addition to any remedy or penalty which may be
imposed pursuant to this article. The failure to comply with any such
order is hereby declared to be a public nuisance.
A.
Whenever the Code Enforcement Officer finds that fugitive air contaminants
are or may be resulting from a fugitive air contaminant source in
the Borough of Kutztown, the Code Enforcement Officer may order the
owner or operator to take corrective action in a manner satisfactory
to the Borough, or the Code Enforcement Officer may order the owner
or operator to allow access to the land by the Code Enforcement Officer
or a third party to take such action.
B.
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing the cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, the Borough of Kutztown may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 168-26 of this article.
Any person who violates any provision of this article or any
order of the Borough of Kutztown issued pursuant to this article commits
a summary offense and shall, upon conviction, be sentenced to pay
a fine of not less than $100 nor more than $2,500 for each separate
offense and, in default of the payment of such fine, may be sentenced
to imprisonment for 90 days for each separate offense. Employees of
the Borough of Kutztown authorized to conduct inspections or investigations
are hereby declared to be law enforcement officers authorized to issue
or file citations for summary violations under this article, and the
Borough Solicitor is hereby authorized to prosecute these offenses.
For purposes of this section, a summary offense may be prosecuted
before any district justice having jurisdiction over the Borough of
Kutztown. There is no accelerated rehabilitative disposition authorized
for a summary offense.
A.
In addition to proceeding under any other remedy available at law
or in equity for a violation of a provision of this article or any
order issued pursuant to this article, the Borough of Kutztown may
assess a civil penalty for the violation. The penalty may be assessed
whether or not the violation was willful. The civil penalty so assessed
shall not exceed $10,000 per day for each violation. In determining
the amount of the penalty, the Borough of Kutztown shall consider
the willfulness of the violation; damage to air, soil, water, or other
natural resources of the Borough of Kutztown or their uses; financial
benefit to the person in consequence of the violation; deterrence
of future violations; cost to the Borough of Kutztown; the size of
the source or facility; the compliance history of the source; the
severity and duration of the violation; degree of cooperation in resolving
the violation; the speed with which compliance is ultimately achieved;
whether the violation was voluntarily reported; other factors unique
to the owners or operators of the source or facility; and other relevant
factors.
B.
When the Borough of Kutztown proposes to assess a civil penalty,
it shall inform the person of the proposed amount of the penalty.
The person charged with the penalty shall then have 30 days to pay
the proposed penalty in full; or if the person wishes to contest the
amount of the penalty or the fact of the violation to the extent not
already established, the person shall forward the proposed amount
of the penalty to the Prothonotary of Berks County within the thirty-day
period for placement in an escrow account with the State Treasurer
or any commonwealth bank or post an appeal bond to the Prothonotary
of Berks County within 30 days in the amount of the proposed penalty,
provided that such bond is executed by a surety licensed to do business
in the commonwealth and is satisfactory to the Borough of Kutztown.
If, through administrative or final judicial review of the proposed
penalty, it is determined that no violation occurred or that the amount
of the penalty shall be reduced, the Prothonotary of Berks County
shall, within 30 days, remit the appropriate amount to the person
with any interest accumulated by the escrow deposit. Failure to forward
the money or the appeal bond at the time of the appeal shall result
in a waiver of all legal rights to contest the violation or the amount
of the civil penalty unless the appellant alleges financial inability
to prepay the penalty or to post the appeal bond. The Prothonotary
of Berks County shall conduct a hearing to consider the appellant's
alleged inability to pay within 30 days of the date of the appeal.
The Prothonotary of Berks County may waive the requirement to prepay
the civil penalty or to post an appeal bond if the appellant demonstrates
and the Prothonotary of Berks County finds that the appellant is financially
unable to pay. The Prothonotary of Berks County shall issue an order
within 30 days of the date of the hearing to consider the appellant's
alleged inability to pay. The amount assessed after administrative
hearing or after waiver of administrative hearing shall be payable
to the Borough of Kutztown and shall be collectible in any manner
provided by law for the collection of debts, including the collection
of interest on the penalty amount computed in accordance with Section
6621(a)(2) of the Internal Revenue Code of 1986 (Public Law 99-514,
26 U.S.C. 51, et seq.) from the date of assessment of the penalty.
If any person liable to pay any such penalty neglects or refuses to
pay the same after demand, the amount, together with interest and
any costs that may accrue, shall constitute a debt of such person,
as may be appropriate, to the Borough of Kutztown. The debt shall
constitute a lien on all property owned by said person when a notice
of lien incorporating a description of the property of the person
subject to the action is duly filed with the prothonotary of the court
of common pleas where the property is located. The prothonotary shall
promptly enter upon the civil judgment or order docket, at no cost
to the Borough of Kutztown, the name and address of the person, as
may be appropriate, and the amount of the lien as set forth in the
notice of lien. Upon entry by the prothonotary, the lien shall attach
to the revenues and all real and personal property of the person,
whether or not the person is solvent. The notice of lien, filed pursuant
to this section, which affects the property of the person shall create
a lien with priority over all subsequent claims or liens which are
filed against the person, but it shall not affect any valid lien,
right, or interest in the property filed in accordance with established
procedure prior to the filing of a notice of lien under this section.
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this article or to fail
to comply with any order or other requirement of the Borough of Kutztown;
or to cause a public nuisance; or to cause air, soil, or water pollution
resulting from a fugitive air contaminant incident; or to hinder,
obstruct, prevent, or interfere with the Borough of Kutztown or its
personnel in their performance of any duty hereunder, including denying
the code enforcement officer access to the source or facility; or
to violate the provisions of 18 Pa.C.S.A. § 4903 (relating
to false swearing) or 18 Pa.C.S.A. § 4904 (relating to unsworn
falsification to authorities) in regard to papers required to be submitted
under this article. The owner or operator of a fugitive air contaminant
source shall not allow pollution of the air, water, or other natural
resources of the Borough of Kutztown to result from the source.
A violation of this article or of any order issued by the Borough of Kutztown under this article shall constitute a public nuisance. The Borough of Kutztown shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Borough of Kutztown may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 168-24. Whenever the nuisance is maintained or continued contrary to this article or any order issued pursuant to this article, the nuisance may be abatable in the manner provided by this article. Any person who causes the public nuisance shall be liable for the cost of abatement.
