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.
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.
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.