[HISTORY: Adopted by the Borough Council of the Borough of Aldan 11-13-1991 by Ord. No. 436. Amendments noted where applicable.]
This chapter is enacted pursuant to the dictates of the Pennsylvania Borough Code at Section 1202 (codified at 53 P.S. § 46202) for the purposes of promoting and protecting the health, safety, morals and general welfare of the inhabitants, citizens and taxpayers of the Borough of Aldan through the prevention, correction or abatement of conditions which threaten the hygiene, sanitation, safety or wholesomeness of the borough and which may constitute a menace to the borough and the public at large.
During the course of the interpretation, construction or application of the provisions of this chapter, they shall be held to be the minimum requirements for the prevention and abatement of nuisances. Where the provisions of any statute, other ordinance or regulation impose greater restriction than this chapter, the Borough Officer is authorized to apply the provisions of the minimum requirements of this chapter in an initial effort to alleviate the nuisance. The Borough Officer, however, is not limited to the powers and authority of this chapter, and he shall, if necessary, apply the provisions of any statute, other ordinance or regulation imposing the greater restriction.
A. 
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated. The singular shall include the plural, the plural shall include the singular, and the present tense shall include the future tense. Words used in the masculine gender shall include the feminine and neuter.
B. 
As used within this chapter, the following terms shall have the meanings stated:
ABANDONED VEHICLE AND/OR JUNK VEHICLE
Any vehicle (other than a pedalcycle) may be considered an abandoned vehicle or junk vehicle where the vehicle constitutes a public danger, hazard, inconvenience or distraction, and where at least one or more of the following conditions are found applicable:
(1) 
The vehicle is inoperable, as a result of a collision or other source of damage to said vehicle, for a period of seven calendar days.
(2) 
The vehicle is in a dismantled or partially dismantled condition and remains inoperable for a period in excess of seven calendar days.
(3) 
The vehicle does not bear, as required by the Motor Vehicle Code of the Commonwealth of Pennsylvania (codified at 75 Pa.C.S.A. § 101 et seq.), any one of the following:
(a) 
A valid registration plate assigned to the vehicle;
(b) 
A current certificate of inspection for said vehicle; or
(c) 
An ascertainable vehicle identification number.
(4) 
The vehicle is inoperable as a result of a mechanical failure which goes unrepaired for a period in excess of 30 calendar days.
(5) 
The vehicle has remained on private property without the consent of the owner or person in control of the property for more than 48 hours.
(6) 
The vehicle is parked and positioned on the premises so as to constitute an attractive nuisance and a hazard to others.
(7) 
A boat which has not been maintained in a seaworthy condition and/or is positioned so as to constitute an attractive nuisance and/or a harm to others.
BOROUGH
The Borough of Aldan.
BOROUGH OFFICER
The Mayor or his agents, deputies, surrogates or designees, which include, but are not limited to, police officers, the Health Officer, the Code Enforcement Officer, the Building Inspector, the Zoning Officer, the Animal Control Officer or the Fire Marshal.
NUISANCE
An act, condition, situation or thing having a natural or artificial tendency to injure a person or property, things, conditions or uses which injure, annoy, inconvenience, disturb or otherwise affect adversely life, health, safety or the use and enjoyment of property or are offensive to the sense of hearing, smell or sight or may be intrinsically harmful and prejudicial to the health, safety, morals or welfare of the public and/or which may have been determined by courts of law of competent jurisdiction to constitute a public nuisance per se.
ORDER OF ABATEMENT
A borough notice or letter in printed text or writing indicating a public nuisance which requires abatement.
OWNER
Any person, agent, operator, firm, partnership, corporation or entity (including the guardian, executor or administrator of an incompetent or an estate) having:
(8) 
A legal, beneficial or equitable interest in real property recorded in the official records of the state, county or municipality as holding title to the property; or
(9) 
Ownership, possession or control of personal property.
PERSON
Any individual, association, trust, partnership, corporation or entity, including any members, directors, officers, employees, partners or principals thereof.
PREMISES
A lot, plot or parcel of real estate, including any building or structure thereon.
Whenever a public nuisance is brought to the attention of the borough and/or whenever it is determined, upon inspection, that the inspection, construction, alteration, repair, lack of repair, use, care or lack of maintenance or operation of any premises, land, buildings or structures constitutes a nuisance in fact or a menace to the health or a threat to public safety, a Borough Officer shall notify, in writing, via an order of abatement, the owner or operator of said premises, land, buildings, structures, personal property or part thereof of his determination. If such notice or order of abatement cannot be given to the owner or of said premises, then a copy of such order of abatement or notice shall be posted on the premises. Said order of abatement may specify a time in which abatement shall be completed and may provide for removal, replacement, repair, construction, installation or any other relief deemed appropriate by the Borough Officer.
Whenever any of the following conditions or situations are brought to the attention of or are discovered by a Borough Officer, he shall, in his discretion, proceed to ascertain whether an order of abatement, as provided for in § 167-4 of this chapter, shall be issued and, if so, prepare and issue said order of abatement. The following conditions are not all-inclusive, and other conditions or situations construed as nuisances affecting the public safety, health and welfare, although not listed herein, may require the Borough Officer to proceed as provided within §§ 167-4, 167-6 and 167-7 of this chapter. The conditions or situations enumerated herein, though, are to be deemed a public nuisance per se which are ripe for abatement:
A. 
The ungaraged storage or parking of an abandoned vehicle and/or junk vehicle.
B. 
Conditions or situations which cause or contribute to the damage, injury or destruction of any streetlight, traffic control device, fixture or any other real or personal property which is owned or leased by the borough, within the municipal limits of the borough.
C. 
The allowance of any pothole, sinkhole or hole of any type, including an excavation, with a minimum diameter of two feet and a depth of six inches, which is permitted to remain open without the placement of appropriate, reasonable and suitable barriers, sawhorses, lights, flares or illuminated cones around such hole or excavation which, in the opinion of the Borough Officer, allows suitable warnings to the public.
D. 
The operation of any sound-producing device or machine between the hours of 11:00 p.m. and 6:30 a.m. in a manner that disturbs the rest and repose of any citizen residing within the Borough of Aldan, including but not limited to radios, phonographs, stereos, tape players, compact disc players, musical instruments, buzzers, sirens, bells, automobiles or motorcycles. The Borough Council may exempt any owner or person, from time to time, from prosecution under this section, upon application to the Borough Council.
E. 
Permitting the growth of weeds or grass to a height in excess of six inches.
F. 
Painting or writing any word, symbol, sign, trademark, initial or inscription whatsoever on or upon any property, public or private, located within the borough without first having obtained the permission of the owner of such premises.
G. 
Depositing or leaving any trash, refuse, garbage, debris or other waste materials of any kind upon any property, public or private.
H. 
The discharge of leaves or grass into a public street, highway or thoroughfare.
I. 
Allowing or permitting the discharge of raw sewage or waste into a potable water main, creek or stream.
J. 
Permitting the accumulation of animal or human fecal material, other than appropriately processed fertilizer, upon any premises, public or private, within the borough.
K. 
Animals which are wild, rabid, diseased and/or pose a threat to the health, welfare and safety of borough residents and the public at large.
L. 
The accumulation of dangerous or flammable articles, substances and materials, including piles of newspapers, magazines, periodicals or other paper products.
M. 
The allowance or permission of an open roof, wall or side of a structure which permits moisture to flow within the same.
N. 
Rodent infestation.
O. 
Insect infestation.
P. 
The accumulation of rotting vegetation or food stuffs for a period of greater than 24 hours.
Q. 
The allowance of an accumulation of snow and ice upon sidewalks or driveways adjacent to a premises for a time period beyond 24 hours after accumulation.
R. 
Sidewalks and curbing which are cracked, uneven, broken, frayed or otherwise in a state of disrepair.
S. 
Permitting broken windows or other objects evidencing jagged glass to remain unprotected for a period greater than 24 hours.
A. 
In the case where an order of abatement is not completely obeyed, complied with nor followed within the time specified therein, the Mayor or other Borough Officer shall have the power and authority to forthwith abate any nuisance or may direct or engage the appropriate borough employees or other persons to remove, correct or abate the conditions described as a nuisance. Alternatively, the Mayor or any Borough Officer may be directed, via resolution of the Borough Council, to correct, remove or abate any nuisance found within the borough.
B. 
The Mayor or other Borough Officer, or any other such persons as may be designated by the Mayor, Borough Officer or Borough Council, shall have the power and authority to enter, at any time, upon any premises, lands or parts thereof whenever they suspect a nuisance in fact or menace to health, public safety or welfare of the borough and/or which constitutes a menace to the public at large for the purposes of examining, inspecting, correcting or abating the condition, situation or nuisance.
A. 
Any person or owner who violates any provision of this chapter by either failing or refusing to obey or comply with an order of abatement or in permitting, creating, maintaining or allowing a nuisance upon his premises shall, upon conviction thereof, be guilty of a summary offense punishable by a fine not to exceed $1,000 and/or a term of incarceration not to exceed 30 days. Each day that the violation continues after the time specified in the order of abatement shall constitute a separate offense punishable by a like fine and/or term of incarceration.
B. 
Any person or owner who fails or refuses to comply with an order of abatement within the time specified therein, whereupon said nuisances are required to be abated by a Borough Officer, the Mayor or others designated, appointed or engaged by the Mayor, said Borough Officer or the Borough Council, shall be liable to the borough for any and all expenses and costs, including attorney's fees, if applicable, in conjunction with the abatement of said nuisance, together with a penalty of 10% of such costs and expenses, which said costs, expenses and penalties shall constitute a lien upon the subject premises and a municipal claim and may be collected as provided by law for the collection of municipal claims.