[Ord. 174, 11/9/2010]
1.
NUISANCE
PERSON
As used in this Part, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of Ralpho Township.
A natural person, firm, partnership, association, corporation
or other legal entity.
2.
In this Part, the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. 174, 11/9/2010]
It shall be unlawful for any person to maintain a nuisance.
Maintaining the following shall constitute a nuisance and/or health
hazard:
A.
Containers or materials which are conducive to the harboring and
growth of vermin, insects, or animals, including, but not limited
to, tires, old furniture, cans, boxes, containers, metal, aluminum,
plastics, unusable lawn equipment, building materials, household waste,
lumber.
B.
Broken glass or metal parts with sharp or protruding edges.
C.
Unusable recreational vehicles such as boats, trailers and campers
which are not licensed as motor vehicles.
D.
Storage in any manner which would allow the equipment, machinery,
material or any parts thereof to easily shift, tilt, or fall from
its original storage position.
E.
Containers of any liquid or material of a hazardous or potentially
hazardous nature, including, but not limited to, gasoline, oil, battery
acids, refrigeration agents and poisons.
F.
Refrigerators with the doors remaining attached.
G.
Any other condition which shall threaten the health, safety or welfare
of the citizens.
[Ord. 174, 11/9/2010]
The Code Enforcement Officer is hereby empowered to inspect
private property to determine if conditions exist to constitute a
public nuisance.
[Ord. 174, 11/9/2010]
If it is determined that a nuisance exists, the Code Enforcement
Officer shall issue a written notice to be served by registered or
certified mail upon the owner or offending occupant of said premises,
or, if the owner's whereabouts or identity is unknown, by posting
the notice conspicuously upon the offending premises. Said notice
shall specify the condition and shall require the owner/occupant to
abate the condition within 10 days.
[Ord. 174, 11/9/2010]
Any person aggrieved by the decision of the Code Enforcement
Officer may request and shall then be granted a hearing before the
Supervisors of Ralpho Township, provided that he files with the Supervisors
of Ralpho Township within 10 days after notice of violation. The hearing
shall commence not later than 30 days after the date on which the
petition was filed, unless postponed for sufficient cause. After such
hearing, the Supervisors of Ralpho Township shall sustain, modify
or overrule the action of the Code Enforcement Officer.
[Ord. 174, 11/9/2010]
Upon failure by the owner/occupant to comply with the abatement
notice or the decision of the Ralpho Township Supervisors, an action
shall be brought before a District Judge in the manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure, and the violator shall be sentenced to pay a fine
of not more than $1,000, plus costs and, in default of payment of
said fines and costs, to a term of imprisonment not to exceed 90 days.
Each day that a violation continues shall constitute a separate offense.
[Ord. 174, 11/9/2010]
The remedies provided herein for the enforcement of this Part,
or any remedy provided by law, shall not be deemed mutually exclusive,
rather they may be employed simultaneously or consecutively, at the
option of the Ralpho Township Supervisors.
[Ord. 174, 11/9/2010]
All ordinances or parts of ordinances that are inconsistent
herewith are hereby repealed.
[Ord. 174, 11/9/2010]
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
Ralpho Township Board of Supervisors that this Part would have been
adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof not been included herein.
[Ord. 174, 11/9/2010]
This Part shall be effective five days from the date hereof.
