As used in this chapter, the following terms shall have the meanings
indicated:
HAZARDOUS VEHICLE
A vehicle which:
A.
Contains one or more broken windows or one or more missing doors or
a missing trunk or hood which allows entry into the vehicle by vermin and/or
children.
B.
Is structurally unstable or supported by blocks, jacks or other devices
and which may slip or move, presenting a danger to passersby.
C.
Is parked upon private or public property in such a manner as to obstruct
the vision of drivers or to interfere with the free movement of vehicles or
pedestrians.
PERSON
Any individual, association, public or private corporation for profit
or not for profit, partnership, firm, trust, estate or any other legal entity
whatsoever who or which is recognized by law as the subject of rights and
duties. Whenever used in any clause prescribing and imposing a penalty or
fine, the term "person" shall include the members of an association, partnership
or firm and the officers of any public or private corporation for profit or
not for profit.
TOWNSHIP
The Township of West Hempfield, Lancaster County, Pennsylvania.
WEEDS
Any Canadian or Russian thistle, chicory, burdock, nettle, poison
ivy, sumac, goldenrod, wild lettuce, wild mustard, wild parsley, ragweed,
milkweed or other plant or vegetation whatsoever, not edible nor planted for
ornamental or agricultural purposes.
No person shall continue, maintain, establish or carry on any of the
following prohibited acts or activities on any public or private property
in the township if the same are determined to be and constitute nuisances
in fact:
A. The storage, accumulation or depositing of any hazardous
vehicle.
B. The storage, accumulation or depositing of any abandoned
or junked vehicles or parts thereof.
C. The storage, accumulation or depositing of used or discarded
vehicle tires.
D. The storage, accumulation or depositing of abandoned
or used building materials of any kind.
E. The storage, accumulation or depositing of garbage, ashes,
rubbish or other refuse matters.
F. The storage, accumulation or depositing of dead animals
or parts thereof.
G. The maintenance of any dangerous structure, including
buildings or parts of buildings in a state of dilapidation or disrepair.
H. The growth of grass or weeds in excess of six inches
in height.
I. Any use of land or a structure which is unreasonable
or unlawful and causes injury, damage or substantial discomfort to the residents.
The Code Enforcement Officer shall serve written notice, either personally
or by certified or first class mail, on any person violating the provisions
of this chapter to remove any nuisance or dangerous structure on public or
private property. Upon the failure of said person to comply with such notice
within 10 days after receipt thereof or to request a hearing within such time
before the Board of Supervisors pursuant to the Local Agency Law, 2 Pa.C.S.A.
§ 551 et seq., the Board of Supervisors of the township may remove
or arrange for the removal of the nuisance or dangerous structure and collect
the cost of such removal together with a penalty of 25% of the cost of the
removal from the person failing to comply with such notice by summary proceedings
or in the manner provided for the collection of municipal claims or by an
action of assumpsit without the filing of a claim. The Board of Supervisors
may also institute proceedings in equity to enjoin violations of this chapter.
[Amended 9-3-1996 by Ord.
No. 3-96; 5-6-1997 by Ord.
No. 6-97]
For each violation of the provisions of this chapter, the owner, agent, lessee or contractor or any other person who commits, takes part in or assists in any such violation shall be liable, upon conviction thereof in a summary proceeding, to pay a fine of not less than $200 nor more than $1,000 for each offense, together with the costs of prosecution. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter, and each section of this chapter which is violated shall be considered a separate violation. In default of payment of such fine, such person shall be liable to imprisonment for a period not exceeding 30 days. Any fine and award of costs shall be in addition to the remedies provided in §
104-3 of this chapter.