For the purposes 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 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.
NUISANCE
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights of 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 or organization of any kind.
TOWNSHIP
The Township of Lehigh, Northampton County, Pennsylvania.
VEGETATION
Any grass, weed or vegetation whatsoever which is not edible
or planted for some useful, legal or ornamental purpose.
Nuisances, including but not limited to the
following, are hereby declared to be illegal:
A. Storing or accumulating the following:
(1) Garbage, ashes, refuse or rubbish.
(a)
Garbage: wastes resulting from the handling,
preparation, cooking and consumption of food; wastes from the handling,
storage and sale of produce. It shall be unlawful to place or permit
to remain anywhere in the Township any garbage or other material subject
to decay other than leaves or grass, excepting in a tightly covered
container, excepting that a mulch heap is permitted, which is properly
maintained for gardening purposes and does not materially disturb
or annoy persons of ordinary sensibilities in the neighborhood. It
shall be unlawful to any individual, firm or corporation to store
more than 14 days of garbage as defined by this chapter which may
pose a potential health and safety problem to the community.
(b)
Refuse/rubbish: combustible trash, including
paper, cartons, boxes, barrels, wood, excelsior, wood furniture, bedding,
noncombustible trash, including metals, tin cans, metal furniture,
dirt, small quantities of rock and pieces of concrete; glass, crockery,
other mineral waste; street rubbish, including street-sweeping dirt,
catch-basin dirt, contents of letter receptacles; provided, refuse
shall not include earth and wastes from building operations, nor shall
it include leaves, cornstalks, stubble or other vegetable material
generated in the course of harvesting agricultural crops. It shall
be unlawful to cause or permit to accumulate any dust, ashes or trash
of such a material that it can be blown away by the wind anywhere
in the Township excepting in a covered container.
(c)
Ashes. Residue from fire used for cooking and
for heating buildings.
(2) Junk material including but not limited to unused
or abandoned machinery, equipment or appliances, and any and all forms
of waste and refuse or any type of materials, including scrap metal,
glass, industrial waste and other salvable 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 which can be seen from a neighboring property.
A written complaint shall be required to be filed by the complainant
in order for enforcement action to be taken against any nuisance which
can only be seen from a neighboring property.
[Amended 6-14-2016 by Ord. No. 2016-2]
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 which can be seen from a neighboring property.
A written complaint shall be required to be filed by the complainant
in order for enforcement action to be taken against any nuisance which
can only be seen from a neighboring property. All such vehicles must
be moved in 20 days or, if at a vehicle repair business, in 60 days.
[Amended 5-13-2003 by Ord. No. 2003-1; 12-13-2005 by Ord. No.
2005-6; 6-14-2016 by Ord. No. 2016-2]
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; or storing or accumulating in a nonorderly
fashion three or fewer antique or collector motor vehicles for registration.
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, wash stands,
lavatories, water closets, swimming pools, privies or cesspools of
any kind or nature whatsoever, or any other foul or offensive water
or foul or offensive drainage of any kind, from property along any
public highway, road, street, avenue, lane or alley in the Township
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 dwellings situate upon property
along any 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. Burning of tires, tar products, or garbage.
G. 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.
H. 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.
I. Permitting or allowing any well or cistern to be,
or remain, uncovered.
J. 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 the Commonwealth of Pennsylvania,
and allowing same to remain thereon.
K. 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.
L. Interfering with the flow of a stream, creek or other
waterway, by means of dam construction or otherwise, or removing the
embankment of a stream so as to alter the natural flow of the stream.
M. Defacing public and private property. It shall be
unlawful for any person, partnership, corporation or agent acting
independently or under the direction of the principal to deface any
private or public buildings, structures, signs, banners, or vehicles
within the Township. Examples of defacing shall include but not be
limited to the following examples: application of paint, inks and
dyes, affixing of any printed materials such as signs or posters,
destruction or removal or defacing in any manner.
O. Obstructing streets, etc. For any person to permit
any mud, dirt, coal, wood, brick, excessive grass clippings, stone,
gravel, clay, sand, rubbish or any other matter to remain upon the
streets or in the gutter in front of his premises more than 24 hours
after it has been deposited there except by special permission of
the Township Board of Supervisors.
P. Loud music or noise, etc. For any person, except by
permission of Township Board of Supervisors, to play, amplify or listen
to music by any manner including home stereos, vehicular sound systems
and portable "boom boxes," to beat any drum or drums, blow any horn
or horns, or otherwise make any unusual noise, disturbing the peace
after 11:00 p.m., which can be heard a distance of 150 feet from its
source or such person's property line or for any person to make, continue
or cause to be made or continued any unnecessary or unusually loud
noise which annoys, disturbs, injures or endangers the comfort, health,
safety or peace of others within and which can be heard a distance
of 150 feet from its source or such person's property line between
the hours of 11:00 p.m. and 7:00 a.m.
[Amended 5-10-2022 by Ord. No. 2022-1]
Q. Smoke. For any person to permit or cause the emission
of smoke (from a fire ignited on a property) which smoke permeates
from the property onto or over the property of another so that it
becomes a nuisance, in fact, to any other person or persons.
R. Nuisances
and hazards to public safety.
[Added 6-14-2016 by Ord.
No. 2016-2]
(1) No
landowner, tenant or lessee shall use or allow to be used any land
or structure in a way that results or threatens to result in any of
the following conditions:
(a) Transmission of communicable disease, including conditions that may
encourage the breeding of insects or rodents.
(b) A physical hazard to the public, or a physical hazard that could
be accessible by children.
(c) Pollution to groundwaters or surface waters, other than as authorized
by a state or federal permit.
(d) Risks to public health and safety, such as but not limited to explosion,
fire or biological hazards to toxic substances.
(2) It
is the responsibility of every property owner to ensure that his actions
and/or activities do not directly or indirectly threaten public health
or safety. Property owners shall be obligated to take prompt remedial
action to resolve or remove hazards to the public health and safety.
This shall include, but is not limited to, removal, securing or restoration
of structures that are structurally unsound or damaged by fire.
This chapter regulates building, housing, property,
maintenance, health, fire, public safety, air or noise pollution,
and shall be enforced pursuant to 53 P.S. 66601(c.1)(2).
A. Penalties for violation of this chapter shall be as provided in Chapter
1, General Provisions, Article
II.
[Amended 2-13-2001 by Ord. No. 2001-1; 5-13-2003 by Ord. No. 2003-1]
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, repair 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/Treasurer.
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.