[HISTORY: Adopted by the Township Council of the Township of Hamilton 10-3-2012 by Ord. No. 12-048 (Ch. 94 of the 1994 Code of Ordinances). Amendments noted where applicable.]
An ordinance defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, authorizing the inspection of premises by an enforcing official, providing for removal or abatement of certain nuisances and recovery of expenses incurred by the Township in removing or abating such nuisances, and prescribing penalties for violations.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Any of several winged, hairy-bodied, usually stinging insects of the superfamily Apoidea in the order Hymenoptera, including both solitary and social species and characterized by sucking and chewing mouthparts for gathering nectar and pollen.
- ENFORCING OFFICIALS
- Includes the Health Officer or other officials authorized by the Division of Health to enforce the provisions of this chapter.
- Includes an individual, firm, corporation, association, society, partnership, and their agents and/or employees.
The following matters, things, conditions or acts and each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of this municipality:
Pollution or existence of a condition or conditions which cause or threaten to cause pollution of any waters in this municipality in such manner as to cause or threaten to cause injury to any of the inhabitants of this municipality either in health, comfort or property.
The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place or premises.
The growth, existence or presence of poison ivy within 20 feet of any property line.
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
The existence or presence of any accumulation of garbage, refuse, manure, or animal or vegetable matter which may attract flies and to which flies may have access, or in which fly larvae or pupae breed or exist.
Depositing, accumulating, or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.
Bees when they interfere with the normal use of private or public property or have shown unusual aggressive behavior toward a person or animal.
The disinterment or removal of animal remains buried in land used or intended to be used for the burial of the remains of pet animals and dedicated for such purpose.
No person shall abandon or permit the abandonment on public or private property within the Township, or on any public street, of any motor vehicles owned by him or under his control or in his possession at the time of the abandonment, or cause any abandoned vehicles or vehicles in a state of substantial disrepair to be stored in the open, provided that motor vehicles in a temporary state of disrepair shall be allowed to remain for a period not exceeding 10 days, provided that the same are not abandoned vehicles as defined in this section. For purposes of this section the following term has the meaning indicated:
- ABANDONED VEHICLE
- Includes any motor vehicle, automobile, omnibus, road tractor, trailer, truck, truck trailer and vehicle which:
- (a) Has been continuously parked on any public street for a period of seven days; or
- (b) Is so disabled as to constitute an obstruction to traffic, and the driver or person owning or in charge thereof neglects or refused to move same to a place where it will not obstruct traffic; or
- (c) Is found to be mechanically inoperative and is allowed to remain inoperative for a period of seven days; or
- (d) Is parked for any period of time without the current year's registration, license plates, or inspection markers as required by law.
No person shall feed, in any public park or on any other property owned or operated by the Township, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers). The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
- To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
- All animals that are neither human nor domesticated.
It shall be unlawful for any person to commit, maintain or allow any nuisance, as declared and described in this section.
All places and premises in this municipality shall be subject to inspection by the Division of Health or the enforcing official if the Division or that official has reason to believe that any section of this chapter is being violated.
It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the Division of Health or the enforcing official from having full access to any place or premises upon which violation of this chapter is believed to exist.
Whenever a nuisance, as declared by this chapter, is found on any plot of land, lot, right-of-way, or other private premises or place, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein. The notice shall be sent by regular mail and certified mail, return receipt requested, directed to the last known address of the owner, tenant or occupant in possession of the lands, and may be served upon the owner, tenant or occupant personally, or by leaving it at his usual place of abode. If the owner resides out of state or cannot be notified speedily, such notice shall be left at the place or premises with the tenant or occupant thereof, or posted on the premises and such action shall be considered proper notification to the owner, tenant or occupant thereof.
Whenever a nuisance, as declared by this chapter, is found on any public property or on any highway or other public place or premises, notice in writing shall be given to the person in charge thereof to remove or abate same within such time as shall be specified therein. The notice shall be sent by regular mail and certified mail, return receipt requested, directed to the last known address of the person in charge and may be served upon the person in charge personally, or by leaving it at his usual place of business. If such person fails to comply with such notice within the time specified therein, the Township may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private place or premises.
If the owner, tenant or occupant, upon being notified as provided by the chapter, shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Township shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as the Township shall deem proper.
If the owner, tenant or person in possession of the lands in question shall refuse or neglect to abate or remedy the condition complained of within such time as specified therein pursuant to this chapter, the enforcing official shall issue a summons to the owner, tenant or person in possession for violation of this chapter and/or shall cause the condition complained of to be abated and remedied by the Department of Public Works, which shall certify the cost thereof to the Department of Finance, who shall cause the cost as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon the such lands and shall be added to become and form part of the taxes next to be assessed and levied upon such lands, and such amount shall bear interest at the same rate as taxes, and shall be collected and enforced by the same official and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this chapter.
When the owner, tenant or person in possession of the property in question or person having possession or control of the abandoned vehicle has failed to remove same after being sent or provided with the notice described in § 317-5, then the enforcing official shall be authorized to arrange for the prompt removal of the vehicle. The owner or tenant or person having possession or control of the abandoned vehicle shall pay and be responsible for all towing and removal costs, including reasonable overhead, incurred by the Township in effecting such removal.
The provisions of this chapter shall be enforced by the Division of Health or other enforcing officials within the Township.
Any person who violates any of the provisions of this chapter shall, upon conviction, be subject to the penalties in Chapter 1, General Provisions, § 1-2, Violations; penalties, of the Township Code, per violation.