[HISTORY: Adopted by the Board of Supervisors of the Township of Newtown 10-14-1974 as Article 725 of the Codified Ordinances of Newtown Township 1973. Amendments noted where applicable.]
Whenever the Township Manager, upon information or inspection, determines that the construction, alteration, repair, lack of repair, use, occupancy, care or maintenance of any premises, land, buildings, structures or any part thereof constitutes a nuisance in fact or a menace to health or a threat to public safety, he shall notify, in writing, the owner or occupant of such premises, land, buildings, structures or part thereof of his determination. If notice as aforesaid cannot be given, then a copy of the notice shall be posted on the premises.
At the time of the notification of determination aforesaid or at some later time, the Manager may also deliver or have delivered a written order of abatement directed to the owner or occupant aforesaid requiring an abatement of the condition described within such time as may be specified in the order of abatement. The order of abatement may provide for removal, replacement, repair, construction, installation or any other relief deemed appropriate by the Manager.
In case such order of abatement is not obeyed within the time specified therein, the Manager may direct or engage the appropriate Township employees or other persons to remove, correct or abate the condition described, and the expense therefor shall be recoverable from the owner of the premises, land, building or structure involved, together with a penalty of 10% of such expense in the manner provided by law for the collection of municipal claims.
[Amended 4-24-1995 by Ord. No. 1995-2]
The Township Manager or such other persons as he may designate shall have the power to enter at any time upon any premises, lands, buildings, structures or parts thereof which the Manager suspects may constitute a nuisance in fact or a menace to health or a threat to public safety for the purpose of examining, inspecting, correcting or abating the same.
Whenever any of the following conditions are brought to the attention of the Manager, he shall, in his discretion, proceed to see whether the order of abatement provided for in this chapter shall be made. The following conditions are not meant to be all inclusive, and other conditions, although not listed herein, may require the Manager to proceed as hereinbefore set forth.
Noxious or offensive manufacture, art or business.
Dangerous buildings or structures.
Buildings damaged by fire or other cause.
Improper or unsafe construction, repair or alteration.
Discharge or draining of harmful oils or fluids on lands or into streams.
Improper accumulation of debris, refuse, trash, garbage or manure.
Improper sanitation facilities, dumps or cesspools.
Dumping, storage or accumulation of junk.
Dangerous excavations, holes or pits.
Dangerous accumulation of water or other liquids.
Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulation shall be controlling.
The refusal to obey an order of abatement within the time specified shall be deemed to be a violation of this chapter.
In addition to any remedy provided herein, the Township may proceed for relief by a bill in equity or an action at law.
For each violation of this chapter, the owner of any premises, land, buildings, structures or part thereof shall be fined not more than $1,000. Each day that the violation continues after the time specified in the order of abatement shall constitute a separate offense punishable as such. Such fines or penalties shall be collected as like fines or penalties are now collected by law. The provisions of this section are in addition to any other remedy provided by this chapter.
[Amended 4-24-1995 by Ord. No. 1995-2]