[HISTORY: Adopted by the Board of Supervisors of the Township of
Whitemarsh 6-16-1955 by Ord. No. 82. Amendments
noted where applicable.]
The existence of a hole; a quarry, either active or abandoned;
or a depression on the surface of the ground within the limits of the Township
of Whitemarsh, in any of which there is or is not a quantity of water, is
presumably a nuisance and dangerous to the safety of persons within the Township
of Whitemarsh.
Upon the effective date of this chapter, it shall be the duty and obligation
of the owner, occupiers and users of the land in which the presumed nuisance
exists to undertake immediate provisions to minimize or eliminate the presumed
nuisance, as herein provided:
A.
Plans and application for the removal of said nuisance
shall be formulated and submitted to the Secretary of Whitemarsh Township
within 15 days of the effective date of this chapter or within 15 days after
written notice from the Secretary of the Township of existence of a nuisance,
whichever period first occurs.
B.
All plans, together with an application for the approval thereof, shall be filed with the Township Secretary in duplicate, together with a fee as provided in Chapter A121, Fees, adopted by resolution of the Board of Supervisors.
[Amended 3-18-1982 by Ord. No. 425]
C.
Upon receipt of the plans and application, the Township
Supervisors shall promptly refer the same to the Chief of Police of the Township,
who shall promptly investigate the nuisance and the plans for its removal
and submit his findings and recommendations, in writing, to the Township Secretary.
D.
The Township Supervisors, upon receipt of the plans,
application and report as aforesaid, shall, with or without a public hearing,
approve the plans and application. The Township Supervisors reserve the right
to specify alterations, changes or modification of the plans as they may deem
necessary and to make approval of such plans subject to such alterations,
changes or modifications.
E.
The approval by the Township Supervisors shall be accompanied
by a written permit, on which shall be indicated the beginning and ending
dates of the period in which the nuisance must be removed.
F.
No approval of such plans shall obligate the Township
in any way for injury to person or property arising from the existing or continuation
of the nuisance.
[Amended 3-18-1982 by Ord. No. 425; 12-8-1988
by Ord. No. 565]
Any person or persons, corporation, partnership or other entity whatsoever
violating any of the provisions of this chapter shall, upon conviction, be
sentenced to pay a fine not to exceed the maximum fine of $1,000, plus costs
of prosecution, and, in default of payment of such costs and prosecution,
imprisonment for a term not exceeding 30 days; provided, however, that if
the District Justice determines that the defendant is without the financial
means to pay the fines and costs immediately or in a single remittance, such
defendant shall be permitted to pay the fines or costs in installments and
over such periods of time as the District Justice deems to be just.
