[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-5-1954 by Ord. No. 359, approved 4-5-1954]
Any person, firm or corporation who owns any lands in the Borough
of Eddystone upon which there are contained or maintained any quarries
or other depressions to a depth of one foot or deeper, which said
depressions or excavations are on land, earth or stone, whether or
not water is therein accumulated and contained, or owns any lands
containing a precipice of six feet in height or more, is hereby required
to erect and maintain, at his own cost and expense, a fence of permanent
material of wood or metal to a height of not less than six feet in
order to prevent persons from straying into such depressions, excavations
or precipices.
Said fence shall be securely closed at all times, except for
ingress by means of a gate or gates of like material, which gates
shall be locked when not in use.
Conspicuous notice warning of the dangerous condition of the
lands shall be posted on said fences and gates.
Immediately upon the adoption of this article, each Councilman
and the Mayor shall certify to the Borough Secretary what lands, quarries
or precipices are maintained in the Borough which require the fencing
as herein provided. Thereupon, the Borough Secretary shall immediately
send a copy of this article to the owner of such land, together with
a notice requiring such owner to comply with the provisions of this
article and to construct a fence and gate thereon within 30 days from
the date of the receipt of said notice. Service of said notice may
be by registered mail or by personally serving the owner of said lands.
In the event that the Secretary is unable to so serve such owner of
said lands, posting the property shall be good and sufficient notice.
[Amended 2-17-1975 by Ord. No. 438; 1-9-1989 by Ord. No. 524, approved 1-9-1989]
A.
Any person who shall be convicted of a violation of any of the provisions
of this article before any District Justice shall be guilty of maintaining
a nuisance and shall be sentenced to pay a fine of not more than $1,000
and costs of prosecution and, in default thereof, to imprisonment
in the county jail for a term not to exceed 30 days.
B.
Any failure, neglect or refusal by such owner of such lands to comply
with the provisions of this article after service of the aforesaid
notice shall be a separate violation for each day in which said fence
is not erected and maintained and signs are not posted.
If owners of such lands fail to comply with the provisions of
this article within 10 days of the receipt of notice, or in the event
that said owner is not a resident of Delaware County, Pennsylvania,
and has been given notice as herein provided and has not complied
with the provisions of this article, then in such event the Borough
Council may declare said condition of the premises to be a nuisance
and remove the same and collect the cost of such removal, together
with a penalty of $10, from the owner by summary proceedings or by
a bill in equity.
