Borough of Dover, PA Nuisances

Any conduct or any condition or any use of a premises or of a building or buildings situate on premises which is specifically set forth hereinafter or 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.

PERSON

A natural person, partnership, association, firm or corporation.

The singular shall include the plural and any gender shall include all genders.

§ 105-3 Nuisances.

Nuisances shall include but not be limited to or expressly restricted to the following:

Any person, owner of property, occupant or agent of any owner or occupant of property within the borough permitting the property to become unsanitary or become a fire menace by allowing the accumulation of flammable material upon the premises in an unsafe and unprotected manner.

Any person, owner of property, occupant of property or agent of owner or occupant of property permitting weeds or grasses in excess of 10 inches in height to grow upon the property or permitting weeds or grasses, regardless of height, to grow upon, in or among the sidewalk and curb immediately adjacent to the property, or to allow any vegetation as defined in the Commonwealth of Pennsylvania Noxious Weed Control Law [1]to grow upon the premises.

[Amended 2-3-2003 by Ord. No. 2003-1]

[1]

Editor's Note: See 3 P.S. § 255.1 et seq.

Any person, owner of property, occupant of property or agent of any owner or occupant of property within the borough permitting pools of water to accumulate and remain upon any premises and become stagnant and foul.

Any person, owner of property, occupant of property or agent of any owner or occupant of property within the borough permitting junk, disabled vehicles, waste material, lumber scraps, old lumber, garbage, scrap paper, bricks, stones, concrete blocks, cinder blocks, roofing material, metal scraps, vegetation or other waste material to accumulate and remain upon a premises as a fire hazard or as a harborage for insects, snakes, rats or other vermin.

Any person, owning or possessing any dog or cat, permitting the same to run at large. For the purpose of this subsection, "running at large" shall be defined to be the presence of a dog or cat in any place except upon the premises of the owner unless such dog or cat is on a leash and under control of a person physically able to control it or under actual control of a person physically able to control it.

Any person keeping or harboring any dog which habitually barks, howls or yelps or any cat which habitually cries or howls to the extent that it disturbs the peace and quiet of the neighborhood or in such a manner as to disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance. For the purpose of this subsection, "habitually" shall be defined to be at least twice in any seven-day period.

Any person keeping more than two dogs or two cats within the borough, with the exception that a litter of pups or a litter of kittens, or a portion of a litter, may be kept for a period of time not exceeding five months from birth.

Any person permitting any dog or cat to discharge such animal's excreta upon any public or private property, other than property of the owner of such dog or cat, within the borough unless such person immediately thereafter removes and cleans up such animal's excreta from the public or private property.

Any person repairing, adjusting, tuning, running or operating a vehicle with a motor within the borough and who repeatedly races or revs such motor; or repeatedly races or revs such motor to the extent that it disturbs the peace and quiet of the neighborhood; or races or revs such motor in such a manner as to disturb or annoy persons in the neighborhood who are of ordinary sensibilities. For the purposes of this subsection, "repeatedly" shall be defined to be at least twice in any ten-minute period.

Any person who shall cause, make or create any noise which shall disturb the peace and quiet of the neighborhood or which shall disturb or annoy persons in the neighborhood who are of ordinary sensibilities.

§ 105-4 Abatement of nuisances; notice.

Whenever any nuisance as defined by § 105-3A, B, C, D or G of this chapter shall exist and shall come to the knowledge of the Borough Council, the Borough Council may direct the appropriate borough official to cause a written notice identifying such property and nuisance to be issued to the person responsible for such nuisance. Such notice shall be addressed to such person at that person's post office address or by publication two times within 10 consecutive days if the person's address is not known, and such notice shall direct the abatement of such nuisance within 10 days from the date of the notice.

Such notice shall set forth that in the event that the person should fail to abate the nuisance, the borough may at once cause the same to be abated and charge the cost and expense incurred in abating the nuisance to the person and where such nuisance involves real estate to cause the same to become a lien against said property as permitted by the Borough Code.[1]

[1]

Editor's Note: See 53 P.S. § 45101 et seq.

In the event such person refuses or fails to cause such nuisance to be abated in the time provided herein, the Borough Council may have the nuisance abated in a reasonable and prudent manner and the cost of abating such nuisance shall be charged against the person causing the nuisance. It is hereby provided that such costs charged to such person causing the nuisance shall include general overhead of administrative expenses of inspection, locating the owner, issuing a notice, reinspection, ordering work done, actual work done, labor incurred, together with all necessary incidence of the same and direct costs. Notwithstanding the aforesaid, any costs shall include a minimum charge of $25 for administrative expenses. Such expenses, at the direction of Borough Council, shall be collected from such person in accordance with law, including the same being entered as a municipal lien against the property where such nuisance involved real estate, provided that the owner was given notice of the nuisance, together with 10% penalty and 10% for attorney's fees, together with interest and court costs.

In addition to the remedies prescribed by this section and cumulative thereof, if a nuisance or nuisances exist and if it shall be brought to the attention of the Borough Council and if it shall be determined that such nuisance or nuisances are likely to have an immediate adverse effect on the public health, comfort or safety, then and in that event the Borough Council may, by appropriate resolution or motion, order such nuisance or nuisances summarily be abated by the borough in a reasonably prudent manner.

The borough may proceed with an action at law or in equity to require the abatement of the nuisance and the borough proceeding with such legal action shall not prohibit the borough from seeking to impose other penalties prescribed by this chapter or from seeking summarily abatement of a nuisance as set forth above.

§ 105-5 Violation and penalties.

[Amended 4-5-1999 by Ord. No. 1999-1]

In addition to or separate from the action for abatement of a nuisance as set forth in § 105-4, any person violating this chapter or any part thereof may be charged and shall, upon conviction, pay a fine of not more than $600 and in default of the payment of such fine shall be imprisoned for a period of not more than 30 days. After the initial notice, each day that the nuisance continues shall be deemed to be a separate offense and shall be subject in all respects to the same penalties as the first offense, and separate proceedings may be instituted and separate penalties imposed for each such day's offense.