[HISTORY: Adopted by the Borough Council of the Borough of
Girard 5-17-2004 by Ord. No. 685. Amendments noted where applicable.]
It shall be unlawful for any person, partnership, corporation
or other association to create or cause to be created upon any public
or private property within the Borough of Girard any activity which
shall constitute a nuisance.
For the purpose of this chapter, the terms used herein are defined
as follows:
When applied to a vehicle, a vehicle that is not currently
inspected, is not currently registered and is not capable of passing
a Commonwealth of Pennsylvania inspection, which vehicle has not been
moved for a period of 45 days. Any other article shall be considered
abandoned when it has been left in a position on property for a period
of 30 days or longer.
The storage of one or more junked or wrecked automobiles
on any premises. The term shall not include the storage of wrecked
automobiles in a commercial district in connection with an automobile
repair business where the wrecked automobiles are stored merely awaiting
the repair thereof in the immediate future.
An independent structure having a roof supported by columns
or walls resting on its own foundation and includes a dwelling, garage,
barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse,
school or similar structure.
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base;
Those which, exclusive of the foundation, show damage or deterioration
to 33% of the supporting member or members or damage or deterioration
to 50% of the nonsupporting enclosing or outside walls or covering;
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used;
Those which have been damaged by fire, wind or other causes
so as to be dangerous to life, safety, or the general health and welfare
of the occupants or the public;
Those which are so damaged, dilapidated, decayed, unsafe, unsanitary,
vermin-infested or which so utterly fail to provide the amenities
essential to decent living that they are unfit for human habitation
or are likely to cause sickness or disease so as to work injury to
the health, safety or general welfare of those living therein;
Those which have parts thereof which are so attached that they
may fall and injure property or members of the public;
Those which lack illumination, ventilation or sanitation facilities
or, because of another condition, are unsafe, unsanitary, or dangerous
to the health, safety, or general welfare of the occupants or the
public;
Those which, because of their location, are unsanitary or otherwise
dangerous to the health or safety of the occupants or the public;
Any discarded material or article and shall include, but
not be limited to, scrap metal; scrapped, abandoned or junked motor
vehicles; machinery; equipment; paper; rags; glass; containers; wood;
lumber; and structures.
Includes, but is not limited to, the storage of abandoned
or junked automobiles or other motor-driven equipment or material
part thereof, the dumping or accumulation of garbage, refuse, trash
or other junk, including all types of discarded personal property,
dangerous buildings, or any other activity which may be considered
harmful to the promotion of the health, cleanliness, comfort, safety
and general well-being of the citizens of Girard Borough.
The following uses of and activities upon real property, both
private and public, in Girard Borough are hereby declared to be nuisances
and are hereby prohibited. Nothing herein should in any way be construed
as to authorize other activities which may constitute a nuisance,
for such other activities are also prohibited.
A.
The use of any premises as a trash or garbage dump, unless specifically
authorized.
B.
The depositing or dumping of any amount of trash or garbage upon
the premises of another or upon public property.
C.
The burning of or setting fire to trash, rubbish, refuse, garbage,
motor vehicles or other machinery brought upon and accumulated or
stored on any premises from any other location or locations.
D.
The accumulation or storage of junked or wrecked or abandoned automobiles.
E.
The accumulation or storage of scrap metal or other waste material
as a junkyard.
F.
The storing of gasoline, kerosene or other petroleum products in
excess of 5,000 gallons, except by gasoline service stations or dealers
where all gasoline is stored in appropriate tanks.
G.
Any use of or activity upon property that, by reason of flames, smoke,
odors, fumes, noise or dust, unreasonably interferes with the reasonable
use, comfort and enjoyment of a neighbor's property or endangers
the health or safety of the occupants of a neighboring property or
endangers the health and safety of Borough residents and/or the users
of the Borough public streets, property or facilities.
H.
The excessive or unreasonable accumulation of scrap, junk, trash
or garbage upon premises, causing odors, fumes or unsightly appearance
to neighboring property owners.
I.
The deterioration of a structure or property to such a state that
it is a dangerous building and unsafe and unusable for its intended
purpose and/or constitutes a fire hazard endangering surrounding structures
or property and/or provides shelter for rats or other vermin or other
wild animals and/or creates a hazard to the welfare and safety of
children or adults who play or work thereabout.
Upon a determination by the Girard Borough Police that a violation
of this chapter has occurred, the following action shall be taken:
A.
As to dangerous structures or buildings:
(1)
The Borough Council shall direct a registered or certified letter
notice to the owner of such property. The owner shall be determined
by reviewing the county tax assessment records of the most current
year. Said letter shall be mailed to the address as determined by
such records.
(2)
The said letter notice shall inform the said owner as to the violation
of this chapter, citing the reason for violation, giving the owner
15 days to remove the reason for the violation, advising that, in
default thereof, the Borough will remove the cause of violation by
the use of its own personnel and equipment and/or cause the structure
to be destroyed by fire through the use of a volunteer fire company
and/or hereby contract a private person to effectuate such removal,
and if the owner, occupant, mortgagee, or lessee fails to comply with
the order of the Borough within the time specified in the notice missed
by him and no petition for a hearing is filed within 10 days thereafter,
or following a hearing by the Girard Council where the order is sustained
thereby, the Borough shall cause such building or structure to be
repaired, vacated, or demolished, as determined by the Girard Council
in accordance with the standards hereinbefore provided. The Girard
Borough may collect the cost of such repair, vacation or demolition,
together with a penalty of 10% of such cost, in the manner provided
by law, or the Girard Borough may seek injunctive relief in a court
of competent jurisdiction pursuant to the Rules of Civil Procedure,
or a combination of the above, and charge the cost thereof to such
owner.
B.
As to all other nuisances other than buildings and structures, the
Girard Borough Police shall notify the owner of such property of violation
of this chapter and shall give the owner 15 days to remove the reason
for the violation. After 15 days, the owner shall be cited by the
Girard Borough Police.
A.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision as to dangerous buildings or
structures of this chapter may request and shall be granted a hearing
on the matter before the Girard Council, provided that such person
shall file with the Girard Borough Secretary a written petition requesting
such hearing and setting forth a brief statement of the grounds therefor
within 10 days after the day the notice was served. Upon receipt of
such petition, the Girard Borough Secretary shall set a time and place
for such hearing and shall give the petitioner written notice thereof.
At such hearing, the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 30 days after the day
on which the petition was filed.
B.
After such hearing, the Girard Council shall sustain, modify or withdraw
the notice. If the Girard Council sustains or modifies such notice,
it shall be deemed to be an order. Any notice served pursuant to this
chapter shall automatically become an order if a written petition
for a hearing is not filed with the Girard Borough Secretary within
10 days after such notice is served.
C.
Any aggrieved party may appeal the final order to the Court of Common
Pleas in accordance with the provisions of the Judicial Code.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Borough in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Borough are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
