[Adopted 11-9-1987 by Ord. No. 15-1987 (Ch. 10, Part 2, of the 1989 Code)]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- Owner, for the purpose of this article, when the lessor holds the lessee responsible for maintenance and repairs.
- Any condition, structure or improvements which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of the Township of Robinson.
- The actual owner, agent or custodian of the property on which machinery, equipment or materials are stored, whether an individual or partnership, association or corporation.
- A natural person, firm, partnership, association, corporation or other legal entity.
In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to create or maintain any condition upon his property which could directly or indirectly cause a nuisance or health hazard to residents of the Township of Robinson. Specifically, the unsheltered storage or maintenance of unused, stripped, damaged and generally unusable machinery or equipment or materials shall be considered a nuisance and/or health hazard if any of the following conditions exist:
Broken glass or metal parts with sharp or protruding edges.
Openings or areas which are conducive to the harboring and growth of vermin.
Storage in any manner which would allow the equipment, machinery, material or any parts thereof to easily shift, tilt or fall from their original storage position.
Contains any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, gasoline, oil, battery acids, refrigeration agents, and poisons.
Any other condition which, in the opinion of the inspecting official, shall be deemed to be a health hazard, potential health hazard or nuisance.
Storage of such items as listed in § 199-6 hereof on personal property shall be permitted only in strict compliance with the regulations provided in this article or with stricter regulations in other Township of Robinson ordinances or in state or federal laws. Each person, owner or lessee desiring to store items described in § 199-6 must first apply for a permit for either temporary or permanent storage and pay a fee to the Township of Robinson, such as may be provided from time to time by resolution of the Commissioners. The nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence at least six feet high which is locked at all times when unattended. With the special approval of the Commissioners, nuisances may also be stored outside in an area enclosed by a chain link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, the machinery, equipment, or materials shall be kept free of vermin infestation while being stored, and all gas, oil or other potentially hazardous substances shall be removed. The total area of storage of such potential nuisances may not exceed 5,000 square feet.
The enforcement officer is hereby empowered to inspect grounds on which machinery, equipment and/or various materials are stored to determine if there is compliance with the provisions of this article. If noncompliance with the provisions of this article constitutes a nuisance, or if any condition, structure or improvement poses a threat to the health, safety or welfare of the public, he shall issue a written notice to be served by registered or certified mail upon the owner of said premises or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
Said notice shall specify the conditions considered to be a hazard and/or nuisance and shall require the owner to commence to remove or otherwise rectify the hazard or nuisance as set forth therein within 10 days of mailing or posting of said notice and thereafter to fully comply with the requirements of the notice within a reasonable time.
If the owner of the grounds on which machinery, equipment and/or materials are stored does not comply with the notice to abate the conditions within the time limit prescribed, the Township of Robinson shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. The Township of Robinson, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.
Any person aggrieved by the decision of the enforcement officer may request and shall then be granted a hearing before the Commissioners, provided he files with the Commissioners within 10 days after notice of the enforcement officer's decision a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the petition was filed, unless postponed for sufficient cause.
After such hearing, the Council shall sustain, modify or overrule the action of the enforcement officer.
[Amended 8-14-1989 by Ord. No. 16-1989]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs or, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
The remedies provided herein for the enforcement of this article or any remedy provided by law shall not be deemed mutually exclusive, rather, they may be employed simultaneously or consecutively, at the option of the Commissioners.