This chapter shall be known and may be cited as the "Waterford
Borough Anti-Blight and Nuisance Ordinance" and shall be known in
the short form as the "Nuisance Ordinance."
The Borough Council of the Borough of Waterford, Erie County,
Pennsylvania, finds that there exists on privately owned parcels of
land within the Borough of Waterford accumulations of junk, junk vehicles,
garbage, rubbish or the maintenance of uses, blight conditions, structures
or nuisance-type activities which, if allowed to exist, will tend
to result in blighted or undesirable neighborhoods and that such accumulation
of junk, junk vehicle(s), garbage, rubbish or blighted conditions
or the continuation of nuisance-type activities constitutes a hazard
to the public health, safety and welfare of the residents of the Borough
of Waterford for the reasons that they provide a habitat conducive
to breeding and nesting of rats, mice or other vermin and also that
they contain objects with sharp edges and other hazards which could
injure small children who would be attracted to play thereon without
appreciating the danger thereof, and/or that they diminish property
values and that the regulations contained in this chapter are the
minimum regulations required to eliminate the foregoing undesirable
conditions and protect the public health, safety and welfare of the
residents of Waterford Borough.
The Borough Code Enforcement Officer(s) is/are hereby authorized
and directed to enforce the provisions of this chapter and shall have
the authority to render interpretations of this chapter; provided,
however that such interpretations shall be in compliance with the
intent and purpose of this chapter.
For the purpose of this chapter, the following words and terms
shall have the meanings given herein. When not inconsistent with the
context, words used in 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; and the word "shall" is
always mandatory and not merely directory. Where terms are not defined
through the methods authorized by this section, such terms shall have
ordinarily accepted meanings such as the context implies.
BOROUGH
The Borough of Waterford, Erie County, Pennsylvania.
DEBRIS
Whole or partial pieces of stone, glass, wood or other material
resulting from destruction, demolition or remnants of building or
construction.
ENCLOSED
Having a wall or walls, window or windows and a door used
as access to the dwelling.
EXTERIOR PROPERTY
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
GRAFFITI
Any drawing, painting or marking or any mark or inscription
on public or private real or personal property without the prior written
permission of the owner of the property.
IMMINENT DANGER
A condition which could cause serious or life-threatening
injury or death at any time.
INFESTATION
The presence within or contiguous to a structure or premises
of insects, rats, vermin, or other pests.
JUNK
Includes, but is not limited to, any discarded material or
article, including but not limited to unused or abandoned machinery,
equipment or appliances, and all forms of waste and refuse of any
type of materials, including scrap metal, glass, industrial wastes,
unregistered neglected boats, and any other salvageable material,
unless for resale. Junk shall not include refuse or garbage kept in
a proper container for the purpose of prompt disposal.
NEGLECT
The lack of proper maintenance for a building or structure.
NONROADWORTHY VEHICLE
A vehicle, including but not limited to cars, trucks, buses,
trailers, motorcycles and recreational vehicles, which cannot be driven
upon the public streets for reasons including, but not limited to,
being without a valid current registration and/or license plate, having
been wrecked or abandoned, being in a state of disrepair, or being
incapable of being moved under its own power.
NUISANCE
The unreasonable, unwarrantable, or unlawful use by a person
of his own property, real or personal, or from his own improper, indecent,
or unlawful personal conduct, working an obstruction or injury to
the property of others or which causes or tends to cause substantial
diminution in the value of other property in the neighborhood in which
such premises is located, and producing such material annoyance, inconvenience,
discomfort or hurt that the law will presume a consequent damage.
A nuisance includes, but is not limited to, the keeping, depositing,
or scattering over the premises any of the following:
A.
Dangerous buildings or unsafe structures.
B.
The keeping on any property within the Borough of one (1) or
more mobile/manufactured homes that are not in habitable condition.
C.
The outdoor storage of nonroadworthy vehicle(s), on any property, unless such vehicle(s) is/are being stored in a fenced outdoor storage operation lawfully maintained in accordance with the Waterford Borough Zoning Ordinance. [See Ord. No. 1-1991, adopted February 11, 1991, new Code citation §
280-39 for "outdoor storage operation."]
D.
Violations of Building Code provisions.
E.
Permitting or allowing any excavation, well, cistern, or similar
structure to be, or remain, uncovered.
F.
Weeds, brush, or grass in excess of eight inches in height that
are not edible or planted for some useful or ornamental purpose.
G.
The keeping or maintaining of furniture or appliances designed
for interior use on a porch or upon any other exterior attachment
that faces a regularly traveled roadway, including but not limited
to upholstered sofas, chairs, davenports, beds, and the like.
H.
The use of a porch roof or other portion of a structure for
a use for which it was not designed.
I.
All obstructions caused or permitted on any street or sidewalk
to the danger or annoyance of the public, and all snow, branches,
matter or other article thrown or placed by any person on or in any
street, sidewalk or other public place which in any way may cause
any injury to the public.
J.
Placing a vehicle or other obstruction on or along any street
of the Borough so as to interfere with vehicular or pedestrian traffic,
unless it should become necessary to drive or place the vehicle in
such position to load or unload materials, merchandise or furniture,
and then such vehicle shall only be permitted to remain for such reasonable
length of time as is necessary to load or unload the same.
K.
Drainage from roofs and paved areas, yards and open courts and
other open areas on the premises or on adjacent premises, discharged
in a manner which causes the erosion of soil, accumulation of stagnant
water, or damage to grass and landscaping.
L.
The keeping, depositing, or scattering over the premises of
any accumulation of junk, trash, debris, abandoned, discarded or unused
objects, including but not limited to furniture, appliances, unregistered,
neglected boats, trailers, tires, barrels or other containers, so
as to become dangerous or injurious to the health and safety of any
individual or to the public.
M.
The placing of graffiti on buildings, structures or other exposed
surfaces within the Borough without the prior written permission of
the owner of the property.
N.
Maintaining or causing to be maintained on a property any dwelling
or business structure which is unsanitary or has such other defects
that may threaten or adversely affect the health, safety and welfare
of the neighborhood in which the property is located, including but
not limited to:
(1)
Dwelling or business structures that have windows that are not
fully supplied with unbroken window glass or an approved substitute
that is glazed and without holes; or
(2)
Exterior walls and surfaces that contain holes, cracks, loose
or rotting boards and timbers, or any other condition which might
admit rodents, water, or dampness to the interior; or
(3)
Evidence of infestation thereof; or
(4)
Failure of the owner to maintain all entrances and openings
to any abandoned or unoccupied dwellings securely locked, including
all exterior doors, basement and cellar hatchways, and windows, so
as to prevent infestations thereof or entrance thereto by vandals
or other unauthorized persons.
OUTSIDE STORAGE
Not contained in a building fully enclosed with completed
walls and roof.
OWNER
Any person, agent, firm or corporation having a legal or
equitable interest in the property; or recorded in the official records
of the state, county or Borough as holding title to the property;
or otherwise having control of the property, including the guardian
of any estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
PERSON
Any natural person, firm, partnership, association, corporation,
limited liability company, company or any other organization of any
kind.
PROPERTY or PREMISES
A lot, plot, site, or parcel of land, including the building
or structures thereon.
RUBBISH
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, leather, tree branches, yard trimmings, tin cans, metals, mineral
matter, glass, crockery and dust and other similar materials. This
definition does not include compost bins or compost sites which are
being managed in accordance with acceptable standards.
TRASH
Any material whose original purpose has been completed and
which has been discarded. This definition does not include compost
bins or compost sites which are being managed in accordance with acceptable
standards.
WEEDS
All grasses, annual plants and vegetation, other than trees
or shrubs; provided however, that this term shall not include cultivated
flowers and gardens.