As used in this article, the following terms
shall have the meanings indicated:
CODES COMPLIANCE OFFICER
The person appointed by the Board of Supervisors to enforce
police power ordinances, including, but not limited to, this chapter.
[Added 2-19-2024 by Ord. No. 345-2024]
PERSON
Includes any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate or
any other legal entity whatsoever which is recognized by the law as
the subject of rights and duties. Whenever used in any clause prescribing
and imposing a penalty or fine, the term "person" shall include the
members of an association, partnership or firm and the officers of
any public or private corporation for profit or not for profit.
PUBLIC ROAD
A strip of land, including the entire right-of-way, located
in Mount Joy Township, Lancaster County, Pennsylvania, and being publicly
owned, serving primarily as a means of vehicular and pedestrian travel
and furnishing access to abutting properties, which may also be used
to produce space for sewers, public utilities, shade trees and sidewalks.
No person shall permit, maintain, establish
or deposit, either directly or indirectly, upon any public road in
Mount Joy Township, Lancaster County, Pennsylvania (hereinafter sometimes
referred to as the "Township"), the following material, articles,
items, chemicals, objects and/or substances:
A. Any type or form of water or other liquid, whether
natural or artificial, by pipe or any other channel, including but
not limited to discharges from sinks, tubs, pools, toilets, kitchens,
laundries, cesspools, drainpipes, spouts, drainage swales or any other
similar source.
B. Mud, manure, dirt or debris of any kind.
C. Stones, rocks, logs, blocks, spikes, fences, bricks,
tires or any other dangerous or detrimental articles or substances.
No person shall place or permit to be placed or continue to permit to be placed or discharge or permit to flow or continue to discharge or permit to flow onto any public road the substances or objects enumerated in §
116-8 of this article.
A violation of this article shall constitute
a nuisance and may be abatable in the manner provided by law and this
article.
[Amended 2-19-2024 by Ord. No. 345-2024]
The Codes Compliance Officer shall serve written notice, either personally or by certified or first-class mail, on any person violating the provisions of this article to remove or abate any nuisance or dangerous or detrimental object or substance located on a public road and to permanently discontinue the discharge, flow or placing of any such object or substance on said public road. Upon the failure of said person to comply with such notice within 15 days after receipt thereof or to request a hearing within such time before the Board of Supervisors pursuant to the Local Agency Law, Subchapter B of Chapter
5 and Subchapter B of Chapter 7 (2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.), the Codes Compliance Officer may remove or arrange for the removal of the nuisance or dangerous or detrimental object or substance located on such public road and collect the cost of such removal together with a penalty of 25% of the cost of the removal from the person failing to comply with such notice by summary proceedings or in the manner provided for the collection of municipal claims or by an action of assumpsit without the filing of a claim. The Board of Supervisors may also institute proceedings in equity to enjoin violations of this article.
[Amended 2-18-1995 by Ord. No. CXLIV; 2-19-2024 by Ord. No. 345-2024]
Any person who or which shall violate any of the provisions of this article shall, upon conviction thereof by summary proceeding before any Magisterial District Judge having jurisdiction, be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs of prosecution. Such fine and costs shall be in addition to the remedies provided in §§
116-11 and
116-13 of this article and shall be enforceable and recoverable in the manner provided by applicable law. Each violation of a separate section constitutes a separate violation, and each day a violation continues constitutes a separate violation.
Nothing herein contained shall be construed
so as to prevent the Township or any other person from pursuing any
other remedies allowed by law or in equity for injunctive relief,
damages, abatement of nuisances or other legal procedures for the
violation of this article or for the causing, creating or maintaining
of any nuisance.