City of Nanticoke, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Nanticoke 7-12-1982 by Ord. No. 20-1982 (Ch. 10, Part 1, of the 2004 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 368.
For the purposes of this chapter, the following terms shall have the meanings indicated:
NUISANCE
Any person doing an unlawful act or omitting to perform a duty or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
A. 
Injures or endangers the comfort, repose, health or safety of others.
B. 
Offends decency.
C. 
Is offensive to the senses.
D. 
Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage.
E. 
In any way renders other persons insecure in life or the use of property.
F. 
Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
A. 
Weeds, grass or other rank vegetation to a height greater than six inches on the average.
B. 
Accumulation of dead weeds, grass or brush.
C. 
Poison ivy, ragweed or other poisonous plants, or plants detrimental to health growing on any lot in such a manner that any part of such vegetation shall extend upon, overhang or border any public place or such as to allow seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place.
D. 
Trees, shrubs, plants or vegetation which overhangs any sidewalk or street, or which grows thereon in a manner as or obstruct or impair the free and full use of the sidewalk or street by the public, including the interruption or interference with the clear vision of pedestrians or persons operating vehicles thereon.
E. 
Trees, shrubs, plants or vegetation which interferes with electrical poles, wires, pipes or fixtures, or the roots of which interfere with or cause the surface of the street, sidewalk or curb to be upheaved or disturbed.
F. 
Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things.
G. 
Any condition which provides harborage for rats, mice, snakes and other vermin.
H. 
Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located.
I. 
All unnecessary or unauthorized noises and annoying vibrations, including animal noises.
J. 
All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches.
K. 
The carcasses of animals or fowl not disposed of within a reasonable time after death.
L. 
The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.
M. 
Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained.
N. 
Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
O. 
Dense smoke, noxious fumes, gas, soot or cinders in unreasonable quantities.
It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance.
[Amended 5-17-2017 by Ord. No. 2-2017]
Whenever a nuisance is found to exist within the City, the City's Chief of Police, Code Enforcement Officer or any other duly designated officer of the City shall give 10 days' written notice to the owner or occupant of the property upon which such nuisance exists.
[Amended 5-17-2017 by Ord. No. 2-2017]
The notice to abate a nuisance issued under the provisions of this chapter shall contain:
A. 
A directive to abate the nuisance or to request a hearing within a stated time period.
B. 
The location of the nuisance, if the same is stationary.
C. 
A description of what constitutes the nuisance.
D. 
A statement of acts necessary to abate the nuisance.
E. 
A statement that if the nuisance is not abated as directed, and no request for hearing is made within the prescribed time, the City will abate such nuisance and assess the cost thereof against such person or entity and a lien will be placed against the property.
F. 
A reference to the Nuisance Ordinance provision which is the subject of the violation.
[Amended 5-17-2017 by Ord. No. 2-2017]
Proper service of any notice under this chapter shall be by:
A. 
Personal service upon the person (or legal entity) responsible for the nuisance or the owner, authorized property management agent, or occupant of the premises; or
B. 
Such service may be made to such persons by registered or certified mail with return receipt requested; or
C. 
Posting of the notice to abate in a prominent place on the premises where attempts to serve under methods in Subsection A and B above are unsuccessful.
[Amended 5-17-2017 by Ord. No. 2-2017]
Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to § 341-6, the City shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof.
[Amended 5-17-2017 by Ord. No. 2-2017]
When in the opinion of the City Police Chief, Code Enforcement Officer or other duly designated officer there is actual and immediate danger to the public or occupants of a particular premises caused by a nuisance on such premises, the City official is hereby authorized and empowered, without any notice or hearing, to order and require such premises to be vacated. The City shall immediately post the premises, warning of the dangerous condition, and shall then abate such nuisance and prepare a statement of costs incurred in the abatement thereof.
[Amended 5-17-2017 by Ord. No. 2-2017]
Any and all costs incurred by the City in the abatement of a nuisance, including the costs of preparing, filing and satisfying the lien, under the provisions of this chapter, shall constitute a lien against the property upon which such nuisance existed, which lien shall be filed, proven and collected as provided by law.
[Amended 5-17-2017 by Ord. No. 2-2017]
The City may pursue any and all additional remedies against the responsible person or entity as provided by law.
[Amended 5-17-2017 by Ord. No. 2-2017]
This chapter is enacted pursuant to the City's powers as a Home Rule Municipality and as otherwise provided by law.
[Amended 12-1-2004 by Ord. No. 16-2004; 5-17-2017 by Ord. No. 2-2017]
Any person or legal entity found to be in violation of this chapter shall be subject to the following fines and/or penalties:
A. 
Fines. A first violation of this chapter shall carry a fine of not less than $100 and not more than $300. A second violation of this chapter within two years of the first violation will carry a fine of not less than $200 and not more than $400. A third violation of this chapter within two years of the first violation will carry a fine of not less than $300 and not more than $600. A fourth violation of this chapter by the same property owner shall carry a fine of not less than $500 and not more than $1,000 regardless as to when the earlier offenses occurred. The City Council finds that this tiered fine schedule is necessary to penalize chronic offenders and protect the general health and welfare of all City residents. These fines will be imposed irrespective of whether or not a nuisance is abated prior to a hearing before the District Justice, if such hearing is requested.
B. 
Imprisonment. In addition to the above fines, a term of imprisonment may be imposed for a period of time up to 90 days.
C. 
Each day that a violation of this chapter continues shall constitute a separate offense.