Township of Independence, PA
Beaver County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Independence 3-10-1993 by Ord. No. 2-93. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 72.
Junkyards and junk dealers — See Ch. 114.
For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory.
ABANDONED OR JUNKED MOTOR VEHICLES
Any vehicle in a nonserviceable or inoperable condition or without having both a current inspection sticker or current registration plate.
BOARD OF SUPERVISORS
The Board of Supervisors of Independence Township, Beaver County.
NUISANCE
The unreasonable, unwarrantable, or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person or resident in the legitimate enjoyment of his reasonable rights of a person or property.
OWNER
A person owning, leasing, occupying or having charge of any premises within the Township.
PERSON
Any natural person, firm, partnership, association, corporation, company, club, copartnership, society, or any organization of any kind.
PRIVATE STREET
Any access road serving more than one property.
TOWNSHIP
The Township of Independence, which is located within the confines of Beaver County, Pennsylvania.
VEGETATION
Any grass, weed or vegetation whatsoever, which is not edible or planted for some useful, legal or ornamental purpose.
The within chapter does not apply to any reasonable activity or materials associated with agriculture and/or animal husbandry inside or outside of Township agricultural security areas.
Nuisances, including, but not limited to the following, are hereby declared to be illegal:
A. 
Storing or accumulating the following:
(1) 
Garbage or rubbish:
(2) 
Junk material, including, but not limited to, unused or abandoned machinery, equipment or appliances, and all forms of waste and refuse of any type of materials, including scrap metal, glass, industrial waste and other salvageable materials, unless for resale, that can be seen from any public highway, road, street, avenue, lane or alley which is maintained by the Township, or by the Commonwealth of Pennsylvania or that is located within 150 feet from the right-of-way of any street or road within the Township and can be seen from such or that is located within 75 feet of any property line and can be seen from such.
B. 
Storing or accumulating abandoned or junked motor vehicles, that can be seen from any public highway, road, street, avenue, lane or alley which is maintained by the Township, or by the Commonwealth of Pennsylvania or that are located within 150 feet from the right-of-way of any street or road within the Township, including private streets, and can be seen from such or that are located within 75 feet of any property line and can be seen from such. All such vehicles must be moved within 30 days.
C. 
Storing or accumulating more than three antique or collector motor vehicles for restoration which are neither sheltered by a building, nor enclosed behind an evergreen or solid fence as permitted by applicable zoning ordinances;[1] or storing or accumulating in an unorderly fashion three or less antique or collector motor vehicles for restoration.
[1]
Editor's Note: See Ch. 200, Zoning.
D. 
Draining or flowing, or allowing to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies, or cesspools of any kind or nature whatsoever, or any foul or offensive water or foul or offensive drainage of any kind, from property along any public highway, road, street, avenue, lane or alley; or from any property into or upon any adjoining property.
E. 
Draining or flowing, or allowing to drain or flow, any water or drainage from within dwelling situate upon property along public highway, road, street, avenue, lane or alley in the Township into or upon the cartway or traveled portion for said drainage by means of a drainage ditch or otherwise.
F. 
Maintaining or causing to be maintained, any dangerous structure, including but not limited to, abandoned or unoccupied buildings or parts of buildings in a state of dilapidation or disrepair.
G. 
Permitting the growth of any grass, weeds, noxious weeds, or any vegetation whatsoever, not edible or planted for some useful, legal or ornamental purpose, to conceal any rubbish, garbage, trash or any other violation of this chapter.
H. 
Permitting or allowing any well or cistern to be, or remain, uncovered.
I. 
Pushing, shoveling or otherwise depositing snow upon the cartway or traveled portion of any public highway, road or street which is maintained by the Township or by the Commonwealth of Pennsylvania, and allowing same to remain thereon.
J. 
Allowing or permitting any excavation, material excavated or obstruction on or adjoining any highway, street, or road, to remain opened or exposed without the same being secured by a barricade, temporary fence, or other protective materials.
A. 
Whenever a condition constituting a nuisance is permitted or maintained, the Board of Supervisors shall cause written notice to be served upon the owner in one of the following manners:
(1) 
By mailing a copy of the notice to the last known address of the owner by certified mail;
(2) 
By fixing a copy of the notice to the door at the entrance of the premises in violation;
(3) 
By making personal delivery of the notice to the owners;
(4) 
By handing a copy of the notice at the residence of the owner to an adult member of the family with which he resides, but if no adult member of the family is found, then to an adult person in charge of such residence;
(5) 
By publishing a copy of the notice in a local newspaper of general circulation within Beaver County, Pennsylvania, once a week for three successive weeks.
B. 
Such notice shall set forth in what respect such condition constitutes a nuisance, whether removal is necessary and required by the Township, or whether the situation can be corrected by repairs, alterations or by fencing or boarding, or in some way confining and limiting the nuisance. Such notice shall require the owner to commence action in accordance with the terms thereof within 20 days and thereafter, to comply fully with its terms with reasonable dispatch, with all material to be supplied and work to be done at the owner's expense; provided, however, if any of the provisions of § 135-3I or J is violated, and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
If the owner, after receiving due notice, refuses to comply with the terms thereof:
A. 
He shall be guilty of a violation of this chapter, and shall be subject to the appropriate penalties set forth in Chapter 1, General Provisions, Article II.
B. 
The Board of Supervisors may direct the removal, repair, or alterations, as the case may be, to be done by the Township and to certify the costs thereof to the Township Solicitor, the cost of such removal, repairs or alterations shall be a lien upon such premises from the time of such removal, cutting, repairs and alterations which date shall be determined by the certificate of the person doing such work, and filed with the Township Secretary.
C. 
The Township, by means of a complaint in equity, may compel the owner of the premises to comply with the terms of any notice of violation, or seek any such other relief as any such court of competent jurisdiction is empowered to afford.