This article establishes a code defining and declaring various matters,
things, conditions or acts to be public nuisances and providing for removal
or abatement thereof and recovery of expenses incurred by the Board of Health
in removing or abating such nuisances and prescribing penalties for violations.
The article also defines and deals with private nuisances.
The following matters, things, conditions or acts and each of them are
hereby declared to be nuisances and injurious to the health of the inhabitants
of the Borough, and it shall be unlawful for any person or persons to commit,
maintain or allow any of the same to exist:
A.
Any matter, thing, condition or act which is or may become
detrimental to or a menace to the health of the inhabitants of the Borough.
B.
Pollution or existence of a condition which causes or
threatens pollution of any water in this Borough in such manner as to cause
or threaten injury to any of the inhabitants of the Borough, either in their
health, comfort or property.
C.
The escape into the open air from any stack, vent, chimney
or any entrance to the open air or from any fire into the open air of such
quantities of smoke, fly ash, dust, fumes, vapors, mist or gases as to cause
injury, detriment or annoyance to the inhabitants of the Borough or endanger
their comfort, repose, health or safety.
D.
Noxious weeds.
(1)
The growth, existence or presence of noxious weeds on
any public plot of land, lot, street, highway, right-of-way or any other public
place is hereby declared to be a nuisance and detrimental to public health.
(2)
The growth, existence or presence of noxious weeds on
private land within 20 feet of a property line is hereby declared to be a
nuisance and detrimental to the public's health.
(3)
No owner, tenant or occupant of any plot of land, lot,
street, highway, right-of-way or any other public place shall cause, allow
or permit noxious weeds to grow or exist thereon, as described above.
(4)
The provisions of this subsection shall be enforced by
the Board of Health, its designated agents and/or employees.
E.
The existence of any pool, ditch, gutter, drain, body
of water, watercourse, cesspool, ash pit, garbage or rubbish receptacles,
manure, animal or vegetable matter or other refuse or filth that could become
the source of noxious odor or otherwise offensive to the senses or injurious
to the public health or that could become a feeding or breeding place for
insects, rodents or other vermin.
F.
Allowing any wastewater, sewage or other liquid substance
or nauseous or offensive matter of any kind to run into any ditch, drain,
pipe or storm sewer that empties its contents into or near any brook, stream,
pond, body of water, spring or running water or upon any vacant lot or lots,
swamp or other ground, public or private, in the Borough.
G.
Casting, throwing, leaving or depositing upon or in any
street or other public or private way, public or private property or public
building any garbage, offal, rubbish, carcass of a dead animal or other refuse
or filth, except for such temporary occupation as may be normally and reasonably
proper for purposes of transport and collection of such refuse, provided that
such refuse, while awaiting collection, is kept in suitable containers or
wrappings so that it is inoffensive and noninjurious to public health.
H.
The existence or presence of any abandoned, stored or
unused icebox, refrigerator or other receptacle in any building or upon any
property without first removing doors or other means of ingress or egress.
A.
The enforcing officials for public nuisances shall be
the Health Officer or other officials authorized by the Board of Health to
enforce this article.
B.
Whenever a nuisance, as declared by § 333-25
is found to exist on any plot of land, lot, right-of-way or any other private
premises, structure or place, notice in writing shall be given to the owner
thereof to remove or abate the same within such time as shall be specified
in the notice. The time fixed for compliance shall be a reasonable time under
all of the circumstances.
C.
If the owner resides out of the state or cannot be found,
such notice shall be left at that place or premises with the tenant or occupant
thereof or posted on the premises, and such action shall be considered proper
notification to the owner, tenant and occupant thereof.
D.
If the owner, tenant or occupant, upon being notified
as provided by this chapter, shall not comply with such notice within the
time specified therein and fails to remove or abate such nuisance, the Board
of Health may proceed to abate the nuisance or may cause it to be removed
or abated in a summary manner by such means as such Board shall deem proper,
and all expense-incurred incidents thereto shall be paid by the owner, tenant
or occupant who failed to abate such nuisance.
E.
Upon failure to pay such expenses so incurred, the Board
of Health may institute an action at law to recover such moneys.
Nothing in this chapter shall preclude individuals or persons from seeking
remedy for private nuisances under this chapter in courts of competent jurisdiction.
It shall be unlawful for any person to spit upon any public sidewalk
or street or upon any part of the interior or exterior of any public building
or public conveyance or other public place.
