The Borough Council of the Borough of Upland,
Delaware County, Pennsylvania, finds that removal of nuisances is
in the interest of the citizens of the Borough and that removal of
nuisances on public and private property promotes the public health,
safety and welfare of all residents of the Borough.
For the purposes of the chapter, the following
terms, phrases and words and their derivatives shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number, and the word shall is always mandatory and not merely
directory.
ABANDONED MOTOR VEHICLE
Any motorized vehicle which is without a currently valid
license plate or plates and/or is in a rusted, wrecked, discharged,
dismantled, partly dismantled, inoperative or abandoned condition.
DUMPSTER
Any large trash/refuse container (which may or may not include
a hoisting unit); usually, but not necessarily, rented from a commercial
company to enable the collection, storage and removal of abnormally
large quantities of demolition or construction material.
[Added 8-13-2002 by Ord. No. 5-2002]
ENCLOSED
Having a wall or walk, window or windows and a door used
as access to the dwelling.
NUISANCE
Any condition or use of premises or of building exteriors
which is detrimental to the property of others or which causes or
tends to cause substantial diminution in the value of other property
in the neighborhood in which such premises are located. This includes,
but is not limited to the following conditions and the keeping or
depositing on or the scattering over the premises of any of the following:
B.
Abandoned, discarded or unused objects or equipment
such as motor vehicles, furniture, stoves, refrigerators, freezers,
cans or containers.
C.
Maintaining or causing to be maintained, any
dangerous structures, including but not limited to abandoned, occupied
or unoccupied buildings or parts of buildings.
D.
Maintaining or causing to be maintained upon
any unenclosed porch or exterior attachment, which faces a regularly
traveled thoroughfare, furniture, other than furniture designed for
exterior use, which is commonly intended for use inside a dwelling,
including but not limited to upholstered sofas, chairs, davenports,
beds, divans and the like.
E.
The use of a porch roof or other second story
or higher portion of a structure for a nondesigned use, unless said
porch roof or other portion of a structure is specifically designed
for said use.
F.
Weeds, grass or other uncultured vegetation
not edible or planted for some useful or ornamental purpose, more
than 10 inches in height when measured from the surface of the ground.
[Amended 9-25-2018 by Ord. No.
3-2018]
G.
Trees, shrubs, hedges or other vegetation overhanging
sidewalks or other pedestrian walkways at a height less than eight
feet.
H.
Trees, shrubs or other vegetation overhanging
a road right-of-way at a height of less than 16 feet, measured from
the street surface at the curb.
I.
Garbage and dumpsters.
[Amended 8-13-2002 by Ord. No. 5-2002]
(1)
Garbage, garbage containers, trash, trash containers
stored in the front of a building, on a porch or front yard, except
from 5:00 p.m. on the day immediately prior to the regularly scheduled
collection of trash.
[Amended 7-8-2003 by L.L. No. 3-2003]
(2)
Any dumpster, as defined in this chapter, placed
on public or private property in such a way that it obstructs a public
right-of-way (any street, sidewalk, alley, path, intersection or thoroughfare)
so as to impede the normal and usual vehicle and/or pedestrian traffic
flow.
J.
Maintaining any unregistered or uninspected
motor vehicle(s) on a lot, except for properly licensed new or used
car dealers.
[Amended 8-10-2010 by Ord. No. 6-2010]
K.
Any tree which is decayed or damaged to such
an extent that it constitutes danger to any passersby upon a public
road, right-of-way or sidewalk by reason of falling limbs.
L.
Any night earth or other obnoxious or noisome
substances on any premises; or any garbage pail without the same being
covered with a flytight lid.
M.
Any accumulation of stagnant water on any property
or lot.
N.
Maintaining or causing to be maintained on any
premises, for personal use or for the purpose of sale, any unwholesome,
spoiled, decayed or deteriorated food or provisions.
O.
Maintaining or causing to be maintained on any
premises, for personal use or for the purpose of sale, any food or
provisions which emit odors detectable across any real property boundary
within the Borough of Upland.
P.
Any dumping, depositing, placing, throwing or
locating any waste, tin cans, rubbish or refuse matter, tacks, nails,
broken glass or other deleterious matter upon any public or private
road, sidewalk or other public or private place or lot within the
Borough.
Q.
Allowing, causing or permitting weeds, grass,
trees or bushes to grow upon or obstruct the paved sidewalks adjacent
to any property.
R.
Allowing, causing or permitting the sidewalks
in front of any property to remain out of repair.
S.
Any person owning, occupying or having any present
interest in any vacant, unoccupied or undeveloped lot, lots or tracks
or pieces of land within the Borough of Upland, permitting or allowing
weeds, bushes and similar vegetation, over the height of 18 inches,
not edible or planted for some useful or ornamental purpose, to grow
thereon.
T.
Any person owning, occupying or having any present
interest in any land or pieces of land within the Borough of Upland,
permitting or allowing any fallen tree or trees, as shall be determined
by the Borough of Upland to harbor or afford a breeding place for
insects, rodents or reptiles, to cause or be the source of unwholesome
or undesirable smells or odors or to afford a hiding place for any
unlawful activity.
OWNER
A person owning, giving, leasing, occupying or having charge
of any premises within the Borough.
PERSON
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
PORCH ROOF
A roof at the second story or above on any building, which
extends over an unenclosed area.
REGULARLY TRAVELED STREET
Any street, alley or thoroughfare on which one or more motor
vehicles travel during any twenty-four-hour period.
Nuisances, as defined herein, are hereby declared
to be illegal.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $600, except where a violation pertains to a matter of health for which the fine shall be not more than $1,000 and costs of prosecution and restitution in a case in which the Borough has abated the nuisance in accordance with §
129-4B of this chapter or, upon default of payment of fines, costs and restitution, by imprisonment in the county jail for a period of not more than 30 days.