It shall be unlawful for any owner, tenant or
occupier of private property in the Borough of Lehighton to place,
erect or permit to remain on such private property any of the following
items or conditions:
A. Any automobile, truck, tractor, trailer or other motor
vehicle of any kind designed for traveling on the public highways
which does not bear a current inspection sticker and current registration
license issued by the Commonwealth of Pennsylvania, unless the same
is stored inside a closed building.
B. Any race car or stock car of any type unless the same
is housed inside a closed building.
C. Any cesspool, well or cistern unless the same is covered
by a lid, cap or other covering which is securely fastened and which
is sufficiently strong to support the weight of unsuspecting children
or adults who might walk over or upon the same.
D. Any excavation made for a cellar or foundation for
any building which has been permitted to remain open for more than
30 days.
E. Any used or discarded refrigerators, stoves, washing
machines or similar appliances or fixtures unless the same are housed
inside a closed building.
F. Any house, trailer, mobile home, garage, barn or other
structure or building of any kind which has been damaged by fire or
the remains or debris of the same after it has been so damaged and
which is permitted to remain in such condition for more than 30 days.
G. Any unoccupied house, barn, garage or other structure
or building which does not have a roof on it or which does not have
all of its openings covered and sealed by unbroken doors or windows
which are locked or adequately secured so as to prevent children or
other persons from entering therein.
H. Any other structure, thing or condition that constitutes
a public nuisance or a danger to the health, safety or welfare of
citizens of the borough or persons traveling on the public streets
of the borough or that constitutes a danger to the property of others.
Any owner, occupier or tenant of any private
property on which any of the foregoing items or conditions exist shall,
within five days after receipt of notice from the borough to do so,
repair, remove, correct or abate such conditions. Each day during
which any such condition is permitted to exist after said five-day-notice
period has expired shall constitute a separate offense under this
chapter.
The borough shall have the right, after five
days' notice, to go upon any private property to repair, remove, correct
or abate any condition which constitutes a violation of this Article
and may assess the cost thereof, plus an additional 10% of such cost,
against the owner, occupier or tenant of such property who was given
such five-day notice. In the event of an emergency, when there is
imminent peril to the lives or property of others, the borough may
go upon private property without prior notice to repair, remove, correct
or abate any such condition and shall, in such case, assess the cost
of such work, plus an additional 10% against the owner of such property
or any other person who created or permitted such condition to exist.
Such costs, plus 10%, shall be collectible by the borough in the manner
provided by law for the collection of municipal claims or by an action
of assumpsit.
Nothing contained in this Article shall be construed
to prohibit the conduct of any business which complies with the provisions
of the Borough of Lehighton Zoning Ordinance; provided, however, that any such business shall be conducted
in such a manner as not to cause or constitute a public nuisance or
a nuisance to properties or property owners in the neighborhood.
[Amended 8-26-1991 by Ord. No. 413]
Any person, partnership or partner thereof or
corporation or officer thereof who violates any provision of this
Article shall, upon conviction thereof before any District Justice,
be subject to pay a fine of not less than $10 nor more than $600,
plus costs of prosecution, and, in default of payment thereof, to
imprisonment for a period of not more than 30 days.
In addition to the penalties herein provided
for the violation of this Article and notwithstanding any prosecutions
instituted or convictions for any such violation, the borough shall
have the right, by appropriate proceedings at law or in equity, to
prevent the violation of this Article or to require the abatement
of such conditions which constitute a violation of this Article.