[Ord. 474, 6/9/1986, § 1]
As used in this Part 3, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner, for the purpose of this Part 3, when the lessor holds
the lessee responsible for maintenance and repairs.
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of the Township.
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual,
firm, partnership, association, corporation or other legal entity.
A natural person, firm, partnership, association, corporation
or other legal entity.
|
In this Part 3, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
|
[Ord. 474, 6/9/1986, § 1]
It shall be unlawful for any person to create or maintain any
condition upon his or her property which could directly or indirectly
cause a nuisance or health hazard to the residents of the Township.
Specifically, the unsheltered storage or maintenance of unused, stripped,
damaged and/or generally unusable machinery, equipment or materials
shall be considered a nuisance and/or health hazard if any of the
following conditions exist:
1.
Broken glass or metal parts with sharp or protruding edges.
2.
Openings or areas which are conducive to the harboring and growth
of vermin.
3.
Storage in any manner which would allow the machinery, equipment,
material or any parts thereof to easily shift, tilt or fall from its
original storage position.
4.
Contains any liquid or material of a hazardous or potentially hazardous
nature, including, but not limited to, gasoline, oil, battery acids,
refrigeration agents, or poisons.
5.
Any condition which, in the opinion of the Township Health Officer,
shall be deemed to be a health hazard, potential health hazard or
nuisance.
[Ord. 474, 6/9/1986, § 1]
Storage of such items as listed in § 10-302 above on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter applicable regulations in other Township ordinances or in state or federal laws. Each person, owner or lessee desiring to store items described in above § 10-302 must first apply for a permit for either temporary or permanent storage and pay a fee to the Township such as may be provided from time to time by resolution of the Township Board of Commissioners. The nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence at least six feet high which is locked at all times when unattended. The total area of storage of such potential nuisances may not exceed 60 square feet.
Nothing herein contained shall be construed to permit the storage
of machinery, equipment or material nuisances contrary to the provisions
of the Township Zoning Chapter.
[Ord. 474, 6/9/1986, § 1]
1.
The Township Health Officer is hereby empowered to inspect grounds on which machinery, equipment and/or various materials are stored to determine if there is compliance with the provisions of this Part 3. If noncompliance with the provisions of this section constitutes a nuisance, or if any condition, structure or improvement poses a threat to the health, safety or welfare of the public, he shall issue a written notice to be served by registered or certified mail upon the owner of the premises or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
2.
Said notice shall specify the condition considered to be a hazard
and/or nuisance and shall require the owner to commence to remove
or otherwise rectify the condition as set forth therein within 10
days of mailing or posting of the said notice and, thereafter, to
fully comply with the requirement of the said notice within a reasonable
time.
[Ord. 474, 6/9/1986, § 1]
If the owner of the grounds on which the machinery, equipment
and/or materials are stored does not comply with the said notice to
abate the conditions, within the time limit prescribed, the Township
shall have the authority to take measures to correct the conditions
and collect the cost of such corrections, plus 10% of all costs. The
Township, or its duly designated appointee, in such event and pursuant
to its statutory or otherwise authorized police powers, shall have
the right and power to enter upon the offending premises to accomplish
the foregoing.
[Ord. 474, 6/9/1986, § 1]
1.
Any person aggrieved by the decision of the Township Health Officer
may request and shall then be granted a hearing before the Township
Board of Commissioners, provided he files with the said Board, within
10 days of mailing or posting of the notice to abate, a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor. The hearing shall commence not later than the next
public meeting of the said Board or 30 days, whichever shall last
occur, after the date on which the petition was filed, unless postponed
for sufficient cause.
2.
After such hearing, the Township Board of Commissioners shall sustain,
modify or overrule the action of the said Health Officer.
[Ord. 474, 6/9/1986, § 1; as amended by Ord. 524,
12/31/1991]
Any person who shall violate any provision of this Part 3 shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 and, in default of payment, to undergo imprisonment for a term
not to exceed 30 days. Each day that a violation of this Part 3 continues
shall constitute, and be considered, a separate and distinct offense.
[Ord. 474, 6/9/1986, § 1]
The remedies provided herein for the enforcement of this Part
3, 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 Township Board of Commissioners.
