[HISTORY: Adopted by the Township Council of the Township
of Chester 12-13-1984 by Ord. No. 2:13M-84; amended
its entirety 9-7-2004. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
- NUISANCE
- A condition such as, but not limited to the keeping of on, over or within the premises of junk, trash, debris or scrap lumber, objects or equipment such as unregistered and/or inoperative motor vehicles, motor vehicle parts, trailers, machinery, furniture, stoves, refrigerators, freezers, other major appliances, cans or containers (other than standard garbage cans), the maintaining, keeping or allowing to be kept of any compost pile which is of such a nature as to spread or harbor disease, or attract rodents, vermin or other disease-carrying pests, animals or insects, or the maintaining, keeping or allowing to be kept upon any premise, refuse, garbage, septic or other deleterious material, unless such material is contained in containers or vessels which inhibit access to humans, flies, insects, rodents and animals. However, this definition shall not be deemed to include the keeping of unregistered and/or inoperative motor vehicles in an enclosed building or one unregistered and/or inoperative motor vehicle otherwise so located upon premises as not to be visible from any public place or any surrounding private property.
- PREMISES
- Real property owned or possessed by private individuals or a corporation, and also property upon which members of the public are invited or allowed, although not subject to the public's domain or control.
No person owning, leasing, occupying or having charge of any
premises shall maintain or keep or allow to be kept any nuisance thereon
as defined above.
A.
When any person(s) owning, leasing, occupying or having charge of
any premises fails to abate a violation hereunder, the municipality
may remove the items in question to a location of its selection, the
expenses therefor to be billed to the offending person(s), individually,
jointly or severally, which bill will be recoverable in a court of
law.
B.
When one or more items have been removed and placed in storage by
the municipality, as provided for herein, said item(s) may be sold
by the municipality after an appropriate lapse of time as determined
by law. If the proceeds of such sale are insufficient to pay the costs
of abatement, the owner(s) of said item(s) shall be liable to the
municipality for the balance of the costs, jointly and severally,
to be recoverable in a suit of law. If the proceeds are in excess
of costs, the balance shall be paid to the owners, or deposited in
the Municipal Treasury for their use.
The provisions of this chapter shall be enforced by the Chester
Township Zoning Officer.
If any person owning, leasing, occupying or having charge of
any premises violates any of the above provisions, that person, upon
conviction thereof, shall be punished by one or more of the following:
a fine of not less than $300 nor more than $1,250, imprisonment for
a term not to exceed 90 days or a period of community service not
to exceed 90 days for each offense. A separate offense shall be deemed
committed on each day during or on which such violation is permitted
to exist.