[HISTORY: Adopted by the Board of Supervisors of the Township
of East Lampeter 8-18-2009 by Ord. No. 280. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any individual, association, public or private corporation
for-profit or not-for-profit, partnership, firm, trust, estate or
any other legal entity whatsoever which is recognized by law as the
subject of rights and duties. Whenever used in any clause prescribing
and imposing a penalty or fine, the term "person" shall include the
members of an association, partnership or firm and the officers of
any public or private corporation for-profit or not-for-profit.
No person shall continue, maintain, establish or carry on any
of the following prohibited acts or activities on any public or private
property in the Township of East Lampeter, Lancaster County, Pennsylvania
(the "Township") if the same are determined to be and constitute nuisances
in fact:
A.
The storage, accumulation or depositing of any abandoned or junked
vehicles or parts thereof;
B.
The storage, accumulation or depositing of any abandoned or used
building materials of any kind;
C.
The storage, accumulation or depositing of garbage, ashes, rubbish
or other refuse matters;
D.
The maintenance of any dangerous structure, including buildings or
parts of buildings in a state of dilapidation or disrepair;
E.
The permitting or allowing the growth or any grass or weeds or other
vegetation not edible or planted for some useful or ornamental purpose,
to exceed a height of six inches, to throw off any unpleasant or noxious
odor or to produce pollen; or
F.
Any use of land or a structure which is unreasonable or unlawful
and causes injury, damage or substantial discomfort to the residents
of the Township in the legitimate enjoyment of their reasonable rights.
The Zoning Officer of the Township, or his duly authorized assistants,
shall serve written notice, either personally or by certified or first-class
mail, on any person violating the provisions of this chapter to remove
any nuisance or dangerous structure on public or private property.
Upon the failure of said person to comply with such notice within
15 days after receipt thereof or to request a hearing within such
time before the Board of Supervisors pursuant to the Act of December
2, 1968, P.L. 1133, known as the "Local Agency Law,"[1] the Board of Supervisors of the Township may remove or
arrange for the removal of the nuisance or dangerous structure and
collect the cost of such removal together with a penalty of 25% of
the cost of the removal from the person failing to comply with such
notice by summary proceedings or in the manner provided for the collection
of municipal claims or by an action of assumpsit without the filing
of a claim. The Board of Supervisors may also institute proceedings
in equity to enjoin violation of this chapter.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and
2 Pa.C.S.A. § 751 et seq.
A.
Any person who or which shall violate any of the provisions of this chapter shall, upon conviction thereof by summary proceeding before any Magisterial District Judge having jurisdiction, be sentenced to pay a fine of not more than $300. If a defendant, sentenced to pay a fine or costs after finding of guilt in a summary case, defaults in such payments, the defendant may be sentenced and committed to the Lancaster County Prison for a period not exceeding 30 days. Each day that a violation of this chapter continues and/or each violation of a provision of § 221-2 shall constitute a separate offense.
B.
Such fine and costs shall be in addition to the remedies provided in § 221-3 of this chapter and shall be enforceable and recoverable in the manner provided by applicable law.
C.
All fines
collected for the violation of this chapter shall be paid to the Treasurer
of the Township for the general use of the Township.
