[Adopted 6-19-1923 by Ord. No. 153 (Ch. XXI, Part 3, of the 1975 Code of Ordinances)]
[Amended 8-7-1933 by Ord. No. 179; 2-11-1975 by Ord. No. 461]
No person, partnership or corporation shall place, construct or maintain any oil or gasoline tank under the streets, sidewalks or alleys of the Borough of Derry, except that a gasoline or oil tank may be placed under an alley, provided that a permit therefor is obtained from the Borough Secretary, for which no fee shall be charged. Such placement shall be done under the supervision of the Street Commissioner.
No person, partnership or corporation shall erect, construct or maintain on any street, sidewalk, or alley or any portion thereof, any oil pump, gasoline pump, steps, cellar entrance or passageway, showcase, or any other obstruction of any name or nature; provided, however, that the terms of this article shall not apply to any tank, pump, steps, cellar entrance or passageway or showcase in use at the time of the passage and approval of this article.
[Amended 2-11-1975 by Ord. No. 461; 6-13-2011 by Ord. No. 740]
Any person, partnership or corporation who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.
[Amended 2-11-1975 by Ord. No. 461]
Any construction, erection or maintenance of any structure or tank in violation of this article is hereby declared to be a nuisance, and the owner of such structure or tank shall, within 30 days after notice from the Borough to do so, remove such structure or tank. If the owner shall fail, neglect or refuse to remove such structure or tank within such time after notice, the Borough shall have the authority to cause the removal of the structure or tank, and collect the cost of such removal along with 10% additional from the defaulting property owner in the manner provided by law.