[HISTORY: Adopted by the Board of Supervisors of Upper Merion Township:
Art. I, 3-20-1961 as Ord. No. 94; Art.
II, 9-28-1964 as Ord. No. 64-147. Amendments
noted where applicable.]
[Adopted 3-20-1961 as Ord. No. 94]
From and after the effective date of this Article, it shall be unlawful for any person, corporation or association to erect or construct or maintain or permit to exist any dam, swimming pool, wading pool, quarry, sinkhole or other similar excavation containing water which must be enclosed pursuant to § 83-2 hereof within Upper Merion Township, Montgomery County, Pennsylvania, without first having obtained a permit for the enclosure thereof from the township. Application therefor shall be made upon a form to be submitted to the Building Official and shall be accompanied by a fee as provided for in Chapter A173, Fees. Application shall be accompanied by a plan of the dam, swimming pool, wading pool, quarry, sinkhole or other similar excavation, showing specific dimensions as to area and depth of the enclosure required under the provisions of this Article. The Building Official shall issue a permit for the plan submitted, indicating that the plan complies with the provisions of this Article.
No dam, quarry, sinkhole or other similar excavation containing water
where the water's edge is located within or less than one hundred (100)
feet, measured by a straight line, from the nearest structural part of any
dwelling house, church, school, road, street, highway or park, not including
the dwelling house or houses owned by the owners of the dam, quarry, sinkhole
or other similar excavation, and no swimming pool or wading pool in any of
which is maintained water in excess of three (3) feet in depth at the deepest
point and in which said water is permitted to accumulate and remain for a
period of forty-eight (48) hours, shall be hereafter erected or constructed
or maintained or permitted to exist within the limits of the township unless
and until an enclosure of four (4) feet in height is erected surrounding the
water area of the dam, swimming pool, wading pool, quarry, sinkhole or other
similar excavation.
Within ninety (90) days after the effective date of this Article and upon receipt of the notice required by § 83-4 hereof, any person, corporation or association maintaining a dam, swimming pool, wading pool, quarry, sinkhole or other similar excavation within the limits of the township which had been constructed or had existed before the effective date of this Article shall comply with all of the provisions of § 83-2 of this Article and shall erect an enclosure four (4) feet in height surrounding the water area of said dam, swimming pool, wading pool, quarry, sinkhole or other similar excavation.
It shall be the duty of the township to determine when such enclosure
shall be erected and to give written notice to the owner, tenant or occupier
to comply with such notice in accordance with the terms of this Article.
Any person, corporation or association receiving the notice set forth in § 83-4 herein may, in lieu of erecting the enclosure as required, remove the hazardous condition forthwith.
A.
Any person, corporation or association violating the provisions of this Article shall, upon conviction thereof, before a District Justice, be subject to a fine or penalty as set forth in Art. III, General Penalty Provisions, of Ch. 1, General Provisions, which fine or penalty may be collected by suit brought in the name of the township, in like manner as debts of like amounts may be collected under existing laws. It is specifically decreed that each day in which a violation shall occur is a separate violation.
[Amended 2-28-1988 by Ord. No. 88-529; 12-31-1991
by Ord. No. 91-593]
B.
Additionally, the Supervisors shall have the power, in
the name of Upper Merion Township, to institute proceedings in courts of competent
jurisdiction for injunctive or other equitable relief against any person,
corporation or association who is served with notice as set forth in this
Article and fails to comply with its terms.
[Adopted 9-28-1964 as Ord. No. 64-147]
Whenever any house, building or other structure has been or shall have
been, for the period of five (5) successive months or upwards, unoccupied,
decayed, out of repair and unused, the same shall be deemed and held to be
abandoned, together with all the easements and servitudes incident thereto.
The owner of any land within Upper Merion Township upon which there
exists any abandoned building, house or other structure shall place and maintain
in good condition a protective fence surrounding the said building, house
or structure.
Fencing for the enclosure of abandoned houses, etc., shall consist of
chain link fence five (5) feet in height with a one-foot extension of three
(3) rows of barbed wire. Fences shall be constructed according to the specifications
on file in the office of the Township Engineer, and the same are incorporated
herein, together with such changes as may be made by the Board of Supervisors
from time to time in the future.
It shall be the duty of the Township Manager to determine where and
when such fences shall be erected.
Upon such determination by the Township Manager that a fence should
be erected, he shall give notice to the owner of the property, either by certified
writing or by posting, to comply with this Article; such notice shall also
contain a copy of the specifications for the material to be used in erecting
the fence. The owner of the property shall comply with the terms of the notice
within thirty (30) days from the date of receipt or from the date of posting.
[Amended 2-28-1988 by Ord. No. 88-529; 12-31-1991
by Ord. No. 91-593]
Any owner of land who is served with notice set forth in this Article and who fails to comply with its terms shall be subject to proceedings before a District Justice and, upon conviction, shall be liable to pay a fine or penalty as set forth in Art. III, General Penalty Provisions, of Ch. 1, General Provisions, and each day that such person shall continue such violation after receipt of notice thereof shall constitute a separate offense punishable by a like fine or penalty.
In the event that an owner does not comply with the terms of notice
received pursuant to this Article, the Township Manager shall have the power
and authority to erect a fence in compliance with the terms of the notice
and to assess the cost of erecting the fence against the owner, said assessment
to act as a lien against the property of the owner.
In addition to those procedures described in the foregoing sections,
Upper Merion Township may institute proceedings in courts of equity for injunctive
or other equitable relief against any owner of land who is served with the
notice as set forth in this Article and fails to comply with its terms.
