[Adopted 10-8-2003 by Ord. No. 03-02 (Ch. 10, Part 2, of
the 1994 Code)]
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used under the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number;
the word "shall" is always mandatory and not merely directory.
The Board of Commissioners of Spring Garden Township, York
County, Pennsylvania.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person or resident in the legitimate
enjoyment of his reasonable rights of person or property.
A person owning, leasing, occupying or having charge of any
premises within the Township and includes all joint owners.
Any natural person, firm, partnership, association, corporation,
company, club, copartnership, society, or any organization of any
kind.
The Township of Spring Garden, York County, Pennsylvania.
Nuisances, including, but not limited to, the following, are
hereby declared to be illegal:
A.
Storing or accumulating the following, except as permitted by other
Township ordinances and in accordance therewith:
(1)
Garbage or rubbish.
(2)
Junk material, including but not limited to unused or abandoned machinery,
equipment or appliances.
(3)
Other junk, including, but not limited to, any and all forms of waste
and refuse of any type of materials, including scrap metal, glass,
industrial waste and other salvable materials.
B.
Draining or flowing or allowing to drain or flow by pipe or other
channel, whether neutral or artificial, any foul or offensive water
or drainage from sinks, bathtubs, washstands, lavatories, water closets,
swimming pools, privies, or cesspools of any kind or nature whatsoever
or any foul or offensive water or foul or offensive drainage of any
kind from property along any public highway, road, street, avenue,
lane or alley in the Township into or upon any said highway, road,
street, avenue, lane or alley or from any property into or upon any
adjoining property.
C.
Draining or flowing or allowing to drain or flow any water or drainage
from or within any dwelling situate upon property along a public highway,
road, street, avenue, lane or alley in the Township into or upon the
cartway or traveled portion of any said highway, road, street, avenue,
lane or alley, except when provision has been made in said cartway
or traveled portion for said drainage by means of a drainage ditch
or otherwise.
D.
Burning of garbage, tires or tar products.
E.
Maintaining or causing to be maintained any dangerous structure,
including, but not limited to, abandoned or unoccupied buildings or
parts of buildings, including cellars and excavations, in a state
of dilapidation, disrepair or which may collapse by their own weight
of by effect of the elements.
F.
Permitting or allowing any well or cistern to be or remain uncovered.
G.
Interfering with the flow of a stream, creek or other waterway by
means of a dam or other construction, unless authorized by law.
H.
Removing the embankments of a stream so as to alter the natural flow
of the stream.
I.
Pushing, shoveling or otherwise depositing snow or water upon the
cartway or traveled portion of any public highway, road or street
which is maintained by the Township or by the Commonwealth of Pennsylvania.
J.
Allowing or permitting any obstruction or any excavation upon any
public right-of-way of any highway, street or road to remain opened
or exposed without the same being secured by a barricade, temporary
fence, or other protective materials, and only if such excavation
is otherwise authorized by law.
K.
Allowing vegetation to grow uncontrolled so as to result in a haven
for insects or animals and/or result in an aesthetically displeasing
property condition.
A.
Whenever a condition constituting a nuisance is permitted or maintained
the Board of Commissioners shall cause written notice to be served
upon the owner in one of the following manners:
(1)
By making personal delivery of the notice to the owner.
(2)
By handing a copy of the notice at the residence of the owner to
an adult member of the family with which he resides, but if no adult
member of the family is found, then to an adult person in charge of
such residence.
(3)
By mailing a copy of the notice to the last known address of the
owner by certified mail.
(4)
By publishing a copy of the notice in a local newspaper of general
circulation within York County, Pennsylvania, once a week for three
consecutive weeks.
B.
Such notice shall advise the owner of the existence of the nuisance and direct that said nuisance be abated within 20 days of service of the notice or earlier if necessary to abate the nuisance within a reasonable period of time. Such notice shall advise the owner of the penalties authorized under § 165-4 hereof if he fails to abate the nuisance as directed; provided, however, that if the asserted nuisance is deemed to be life-threatening, the Board of Commissioners or its designee may direct removal of the nuisance within 48 hours or may proceed to remove the nuisance without notice as provided in § 165-4 hereof.
The owner shall have the right to appeal the notice of violation
to the Township Board of Commissioners. A notice of appeal shall be
filed with the Township within five days of the receipt of the notice
of violation. The Board of Commissioners shall then act upon the appeal
at its next regularly scheduled meeting following receipt of the notice
of appeal. If an appeal is timely filed, the Township Board of Commissioners
will then hold a Local Agency Law hearing pursuant to 2 Pa.C.S.A.
§ 101 et seq., and will render a written decision within
10 days from the date such hearing concludes. Any person aggrieved
by a decision of the Township Board of Commissioners may appeal to
a court of competent jurisdiction pursuant to the Local Agency Law
(2 Pa.C.S.A. § 105 et seq.)[1] ) and 42 Pa.C.S.A. § 933(a)(2).
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 and § 751 for
related provisions.
If any owner, after notice is given under the terms of this
article, refuses to comply with the terms hereof, or if he creates
or permits the creation of a life-threatening nuisance or acquiesces
in the existence of a life-threatening nuisance on his property:
A.
He, upon conviction thereof in an action brought before a Magisterial District Judge 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's continuance of a violation shall constitute a separate offense without the need of additional notice. The offense contemplated herein shall be completed the day after the deadline date provided to the owner under the provisions of § 165-3 hereof or immediately upon its creation in the case of a life-threatening nuisance.
B.
The Board of Commissioners may direct Township employees or agents
to take reasonably necessary actions to remove or abate the nuisance
and to certify all costs incidental to the removal or abatement of
the nuisance to the Township Solicitor. Such costs, plus a sum equal
to 10% of such costs, shall be paid by the owner forthwith to the
Township and shall be a lien upon such premises from the time of such
nuisance removal or abatement, which date shall be determined by the
certificate of the person who performed such work and filed with the
Township Secretary. Such claim shall be enforced through the provisions
of the Pennsylvania Municipal Lien Law[1] or any other lawful procedures.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
C.
The Township, by means of a complaint in equity, may compel the owner
of the premises to comply with the terms of any notice of violations
or seek any such relief as any such court of competent jurisdiction
is empowered to afford.
D.
All penalties and remedies provided herein are cumulative, and no
one remedy shall exclude the applicability of another penalty or remedy.
