[HISTORY: Adopted by the Board of Supervisors of the Township of
Independence 3-10-1993 by Ord. No. 2-93.
Amendments noted where applicable.]
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.
Any vehicle in a nonserviceable or inoperable condition or without
having both a current inspection sticker or current registration plate.
The Board of Supervisors of Independence Township, Beaver County.
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.
A person owning, leasing, occupying or having charge of any premises
within the Township.
Any natural person, firm, partnership, association, corporation,
company, club, copartnership, society, or any organization of any kind.
Any access road serving more than one property.
The Township of Independence, which is located within the confines
of Beaver County, Pennsylvania.
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.
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]
If the owner, after receiving due notice, refuses to comply with the
terms thereof:
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.
