[Ord. 292, 5-17-2010, § 1]
It is the purpose and scope of this Part to provide regulations
concerning the obligations of landowners with respect to sinkholes
that exist on the property of landowners within the Township.
[Ord. 292, 5-17-2010, § 1]
(a) No person, firm, or corporation owning or occupying any property
within the Township shall permit any sinkhole having a diameter in
excess of one foot and/or a depth greater than one foot to exist or
remain upon such premises.
(b) Any sinkhole having a diameter in excess of one foot or a depth greater
than one foot in violation of this section is hereby declared to be
a nuisance per se and detrimental to the health and safety of the
Township, its citizens, trade, commerce and manufacturers.
[Ord. 292, 5-17-2010, § 1]
The owner of any premises shall abate any sinkhole having a
diameter in excess of one foot and/or a depth greater than one foot
within 30 days of discovering the existence of the condition on the
premises.
[Ord. 292, 5-17-2010, § 1]
(a) The Code Enforcement Officer designated by the Board of Supervisors
(Code Enforcement Officer) is hereby authorized to give notice, by
personal service or by United States mail, to the owner of any premises
whereon sinkholes exist in violation of this Part, directing and requiring
such owner to abate the sinkhole(s) within 30 days after issuance
of such notice.
(b) Whenever, in the judgment of the Code Enforcement Officer, it shall
appear impractical to give notice as above provided, either because
the owner cannot readily be found or because a search for the owner
would entail unreasonable delay, the Code Enforcement Officer may
give notice by posting conspicuously on the property where such sinkhole(s)
exists, a notice or order directing and requiring that such nuisance
be abated within 30 days.
(c) Whenever, in the judgment of the Code Enforcement Officer, it shall
appear that the sinkhole(s) creates an imminent danger to the public
safety, the Code Enforcement Officer may order the abatement of the
sinkhole(s), and the cost thereof shall be collected by the Township
from such person, firm, or corporation in the manner provided by law,
together with all court costs and reasonable attorney fees.
(d) In case any person, firm, or corporation shall neglect, fail or refuse
to comply with such notice within the period of time stated therein,
the Code Enforcement Officer may order the abatement of the sinkhole(s),
and the cost thereof shall be collected by the Township from such
person, firm, or corporation in the manner provided by law, together
with all court costs and reasonable attorney fees.
[Ord. 292, 5-17-2010, § 1]
Any person aggrieved by the decision of the Code Enforcement
Officer may request a hearing before the Board of Supervisors in the
time and manner set forth in Section 114 of this chapter.
[Ord. 292, 5-17-2010, § 1]
Any provision of any prior ordinance which may be in conflict
with this Part is hereby repealed insofar as a conflict may exist.
[Ord. 292, 5-17-2010, § 1]
(a) Any person, firm or corporation who shall violate any provision of
this Part shall, upon conviction thereof in an action brought before
a Magisterial District Justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
(b) This Part may also be enforced through an action in equity brought
in a court of competent jurisdiction.
[Ord. 292, 5-17-2010, § 1]
If any sentence, clause, section, or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of Lower Heidelberg Township that this Part would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.