[HISTORY: Adopted by the Borough Council of the Borough of Westmont: Art. I, 3-13-1984 as Ord. No. 617. Amendments noted where applicable.]
[Adopted 3-13-1984 as Ord. No. 617]
As used in this Article, the following terms shall have the meanings indicated:
NUISANCE
Any use of property within the borough that shall cause or result in:
A. 
Annoyance or discomfort to persons beyond the boundaries of such property.
B. 
Interference with the health and/or safety of any person.
C. 
Disturbance to or interference with the peaceful use of the property of others within the borough, in any case taking into consideration the location of the use or condition and the nature and condition of the surrounding neighborhood.
Acts of nuisance shall include but are not expressly restricted to:
A. 
Creating, maintaining or permitting the maintenance of any of the following dangerous conditions, structures or premises:
(1) 
Open wells or cisterns.
(2) 
Open excavations.
(3) 
Unfinished buildings, foundations or other structures.
(4) 
Dangerous placement of materials or equipment.
(5) 
Lakes, ponds or swimming pools not properly safeguarded.
(6) 
Stagnant water in pools in which mosquitos, flies or insects multiply.
(7) 
Junk, disabled cars and trucks, fallen timber, trash, waste or old lumber which accumulate and remain on the premises as a possible harborage for rats, snakes and other vermin.
B. 
Using any property or operating any business or other activity so as to permit or cause any water to become polluted by sewage, acid or other substance.
It shall be unlawful for any person to create, continue, cause, maintain or permit to exist any nuisance at any place within the borough.
Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the borough shall, within 10 days after notice from the Council to do so, remove or abate that nuisance. If the person fails, neglects or refuses to abate the nuisance within the time limit, the Council shall have authority, in person or by its agents and/or employees, to remove or abate the nuisance and, in so doing, shall have authority to enter upon the property of the person in default. Thereupon, the Council shall collect the cost and expense of abatement or removal from the person who created, continued, caused or maintained the nuisance and/or permitted the nuisance to exist, with an additional amount of 10%, in the manner provided for the collection of municipal claims or by an action in assumpsit, provided that costs and expense may be in addition to any penalty imposed under § 145-5.
Any person who violates any provision of this Article shall, for each and every violation, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days. Each day's continuation of the maintenance of any nuisance after the expiration of 10 days following the issuance of the notice referred to in § 145-4 shall constitute a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
This Article shall not be construed to be the sole means for abatement of nuisances within the borough, and nothing shall preclude any persons from proceeding individually or with other injured persons to effect the abatement of a private nuisance. Furthermore, in the exercise of the power conferred in this Article, the borough may institute proceedings in equity.