[Adopted 4-8-2013 by Ord.
No. 755]
As used in this article, certain terms are defined as follows:
Borough of Derry.
A lot, plot, or parcel for land, including any structures
thereon.
Stagnant water in pools in which mosquitoes, flies or other
insects may multiply, including, but not limited to, open containers,
sewage, lagoons, ditches, roof gutters, wheelbarrows, bird baths,
ornamental pools, swimming pools, vegetation weeds, and grass in excess
of eight inches in height (except as may be otherwise provide in wetlands
and environmental ordinances and statutes).
That which is built or constructed or a portion thereof.
Any person, firm, partnership or corporation having legal
title or equitable interest in a structure and/or premises as recorded
in the official records of the state, county or municipality; or guardian
of the estate of any such person, or the executor, or administrator,
of the estate of such person if in possession of real property as
a fiduciary or heir.
A.
Any stagnant water pool which is detrimental to the safety and welfare
of the public, and creates a public health risk/hazard in light of
the West Nile Virus problem, shall be deemed a public nuisance constituting
a violation of this article.
B.
All aboveground and in-ground swimming pools must be covered properly
with a snug-fitting cover at the end of the summer swimming season
or, at the latest, by September 30 each year.
C.
If the owner of an in-ground or aboveground pool does not wish to
open the pool during the summer season, the pool must be kept covered
with a proper snug-fitting pool cover. All instant-built or inflatable
pools that are not permanent, stationary pools and are aboveground
pools are to adhere by the same rules as the permanent aboveground
pools.
It shall be unlawful for any titled owner to permit or maintain
a stagnant water pool upon any premises or structure as defined herein
the Borough, and upon conviction for a violation thereof, shall be
subject to the penalties provided under this article.
The Borough Code Enforcement Officer or Derry Borough Police
Department shall enforce this article.
A.
Whenever a violation of this article is found or believed to exist,
the enforcement official shall give written notice to the titled owner
personally, or by mail addressed to his/her last known address, or
by posting said written notice thereof upon the premises involved.
B.
Required notice shall identify the premises, specifically state the
reason why notice is being issued with relevant sections of this article,
include a correction order allowing a reasonable time to achieve compliance
with this article, and set forth that any appeal must be in writing
to the Borough Secretary within the time set forth for compliance.
Failure to timely request an appeal, in writing, will be deemed a
waiver of the appeal.
Upon failure, neglect or refusal of any titled owner to comply
with any and all applicable section of this article, the Enforcement
Official is authorized to prepare appropriate work orders for performance
of work by the authorized Borough employees or contracted workers
to effect compliance and abatement of any nuisance on the subject
premises, including entry onto private property. After said compliance
work is completed, statements for work performed shall be prepared
by the Borough Secretary. Said statements shall indicate the description
of the premises, titled owner, the cost of work performed, administrative
charge, disposal costs, and all other costs, if any, shall be filed
as a lien against the premises affected, and such lien shall continue
in force until the full amount thereof, together with interest at
the rate of 6% per annum, is paid in full.
Any person, firm or corporation who or which shall violate or
fail, neglect or refuse to comply with any of the provisions of this
article shall, upon conviction thereof before the Burgess or Justice
of the Peace, be sentenced to pay a fine of not more that $600 and
costs of prosecution, provided each day's violation shall constitute
a separate offense, and notice to the offender shall be necessary
in order to constitute an offense.
