As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Any individual, partnership, association or corporation,
as well as all officers, agents, servants, employees or others acting
for any of the same, and shall be taken as applying in the singular
or plural, as the case may require.
PUBLIC OR COMMON NUISANCE
That which is set up, maintained or continued so as to be
an obstruction to the use of property by interfering with the repose,
health, safety or life of the public.
Any person who creates, continues or maintains any public or
common nuisance within the Township of Upper Moreland shall be deemed
guilty of a violation of this chapter and shall be liable for the
expense and abatement and remedy thereof, as well as such fines and
penalties as may be imposed.
[Amended 11-13-2018 by Ord. No. 1689]
Notice to remove may be served upon the owner verbally if he
or she resides in the Township. If the owner does not reside in the
Township, then such notice may be served verbally upon the tenant,
owner, or occupant of the premises. If there is no tenant or occupant,
then such notice may be posted on the premises.
Every owner or occupier of land whereon any nuisance exists
is hereby required to cease any activity creating such nuisance and
to abate such nuisance immediately upon notice to do so communicated
by any representative of the Township, including the Police Department
or Department of Code Enforcement. In the event that abatement of
the nuisance requires the removal of any object or thing or physical
changes to the land or any structure, the owner or occupier shall
remove or cause to be removed such nuisance or perform any work necessary
to remove any cause of nuisance within 10 days after notice to abate
such nuisance, except in the case of any nuisance that constitutes
an imminent and serious danger to the public health or safety, in
which case such abatement of the nuisance shall be performed immediately
upon notice to do so communicated by any representative of the Township,
including the Police Department or Department of Code Enforcement.
In the event of any failure or refusal to abate any nuisance or perform
any work necessary to abate such nuisance, after the expiration of
10 days of notice to abate such nuisance or except in the case of
any nuisance that constitutes an imminent and serious danger to the
public health or safety, the Township may cause the abatement of such
nuisance at the cost of the owner or occupier and collect the cost
thereof, together with an administrative fee to the Township of 20%
of such cost and reasonable attorneys' fees of the Township, from
such owner or occupier, and the Township may file a municipal claim
for the same or collect it by action assumpsit.
[Amended 11-13-2018 by Ord. No. 1689]
A. Any person who fails to cease or abate any nuisance as set forth in §
223-5 after notice to cease has been communicated by a representative of the Township as set forth in §
223-4, in addition to bearing the cost of abatement as provided in §
223-5, such person shall be issued a Township notice of violation by the Upper Moreland Police Department, imposing a fine based on the quantity of notices of violation the person has been issued for the particular violation, in accordance with the amounts set forth in Chapter
A370. Should the offender fail to pay the fine or challenge the notice of violation within five days of the date of issuance, the Police Department will rescind it and file a non-traffic citation with the Township Magisterial District Judge.
[Amended 4-1-2019 by Ord. No.
1698]
B. Upon summary conviction before a Magisterial District Judge, the
offender shall be sentenced to pay a fine of no less than $100 nor
more than $1,000 plus costs of prosecution and the Township's
actual attorneys' fees. Each day that a violation of this chapter
continues shall be deemed to be a separate offense.