[HISTORY: Adopted by the Borough Council
of the Borough of Lake City 5-13-1968 by Ord. No. 184-68. Amendments noted where
applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 28.
It shall be unlawful for any person, partnership,
corporation or other association to create or cause to be created
upon any public or private property within the Borough of Lake City
any activity which shall constitute a nuisance.
For the purpose of this chapter, the terms used
herein are defined as follows:
[Amended 11-16-1992 by Ord. No. 302-92; 7-19-1993 by Ord. No. 305-93]
For the purposes of this chapter the storage of two or more
abandoned vehicles on any premises, not in a structure. The term shall
not include the storage of wrecked vehicles in a commercial district
in connection with an automobile repair business where the wrecked
vehicles are stored merely awaiting repair thereof in the immediate
future.
[Amended 5-14-2012 by Ord. No. 403-12]
Shall include, but is not limited to, the storage of one
or more abandoned vehicles or other motor-driven equipment or material
part thereof; the dumping or accumulation of garbage, refuse, trash
or other junk, including all types of discarded personal property;
or any other activity which may be considered harmful to the promotion
of the health, cleanliness, comfort, safety and general well-being
of the citizens of Lake City Borough.
[Amended 5-14-2012 by Ord. No. 403-12]
The following uses of and activities upon real
property, both private and public, in Lake City Borough are hereby
declared to be nuisances and are hereby prohibited. Nothing herein
should in any way be construed as to authorize other activities which
may constitute a nuisance, for such other activities are also prohibited.
A.
The use of any premises as a trash or garbage dump
unless specifically authorized.
B.
The depositing or dumping of any amount of trash or
garbage upon the premises of another or upon public property.
C.
The burning of or setting fire to trash, rubbish,
refuse, garbage, motor vehicles or other machinery brought upon and
accumulated or stored on any premises from any other location or locations.
D.
The accumulation of abandoned vehicles as an automobile
graveyard.
[Amended5-14-2012 by Ord.
No. 403-12]
E.
The accumulation or storage of scrap metal or other
waste material as a junkyard.
F.
The storing of gasoline, kerosene or other petroleum
products in excess of 5,000 gallons, except by gasoline service stations
or dealers where all gasoline is stored in appropriate tanks.
G.
Any use of or activity upon property that, by reason of flames, smoke,
odors, fumes, noise, dust or water, unreasonably interferes with the
reasonable use, comfort and enjoyment of a neighbor's property
or endangers the health or safety of the occupants of a neighboring
property or endangers the health and safety of Borough residents and/or
the users of the Borough public streets, property or facilities.
[Amended 5-14-2012 by Ord. No. 403-12]
H.
The excessive or unreasonable accumulation of scrap,
junk, trash or garbage upon premises, causing odors, fumes or unsightly
appearance to neighboring property owners.
I.
The deterioration of a structure or property to such
a state that it is dangerous and unsafe and unusable for its intended
purpose, and/or constitutes a fire hazard endangering surrounding
structures or property, and/or provides shelter for rats or, other
vermin or other wild animals, and/or creates a hazard to the welfare
and safety of children or adults who play or work thereabouts.
Upon a determination by the Borough Council
that a violation of this chapter has occurred, the following action
shall be taken:
A.
The Borough Council shall direct a registered or certified
letter notice to the owner of such property. The owner shall be determined
by reviewing the county tax assessment records of the most current
year. Said letter shall be mailed to the address as determined by
such records.
B.
The said letter notice shall inform the said owner
as to the violation of this chapter, citing the reason for violation,
giving the owner 10 days to remove the reason for the violation, advising
that, in default thereof, the Borough will remove the cause of violation
by the use of its own personnel and equipment and/or cause the structure
to be destroyed by fire, through the use of a volunteer fire company,
and/or hereby contract a private person to effectuate such removal,
or a combination of the above, and charge the cost thereof to such
owner.
[Amended 6-22-2009 by Ord. No. 387-09]
C.
The Council of Lake City Borough may, by resolution
and its discretion, appoint or designate a person or agency that shall
be vested with the powers, duties and obligations herein set forth
regarding compliance and enforcement with the provisions of this chapter.
[Amended 7-19-1993 by Ord. No. 305-93]
A.
Any person or persons violating any of the provisions
of this chapter, upon summary conviction before a District Justice,
shall be sentenced to pay a fine for the use of the Borough of not
less than $500 nor more than $1,000 and costs of prosecution, or,
upon default in payment of the fine and costs, shall be sentenced
and committed to the county jail for a period of not more than 30
days.
[Amended 2-19-2001 by Ord. No. 339-01; 6-22-2009 by Ord. No.
387-09]
B.
Whenever such person shall have been officially notified,
by service of summons in a prosecution or by letter notice as above
provided, that he is committing such violation of this chapter, and
that he is required to remove any nuisance, each day that he shall
continue such violation after such notification shall constitute a
separate offense, punishable by a like fine, penalty or imprisonment.
C.
Such fines or penalties shall be collected or imprisonment
imposed by suit or summary proceedings brought in the name of the
Borough before a District Justice.
