[HISTORY: Adopted by the Board of Supervisors of the Township
of Leacock 3-3-1987 by Ord. No. 65. 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 Leacock, 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 of 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 Secretary of the Township 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 2 Pa.C.S.A. § 551 et seq. and 2 Pa.C.S.A. § 751
et seq., known as the "Local Agency Law," 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 violations of this
chapter.
A.
Any person
who violates or permits a violation of this chapter shall, upon conviction
in a summary proceeding brought before a Magisterial District Judge
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this chapter that is violated shall also constitute
a separate offense.
B.
Such fine and costs shall be in addition to the remedies provided in § 186-3 of this chapter and shall be enforceable and recoverable in the manner provided by applicable law. 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.
All other ordinances and parts of ordinances inconsistent herewith shall be and the same expressly are repealed, but this chapter shall not repeal or modify any of the provisions of Chapter 310, Zoning, of the Code of Leacock Township.
