No person shall erect, construct, cause, continue, maintain or permit a public health nuisance within the Borough. Any person who shall cause, create, or maintain a nuisance or who shall in any way aid or contribute to the causing, creating or maintenance thereof shall be guilty of a violation of this chapter and shall be liable for all costs and expenses attendant upon the removal and correction of such a nuisance and to the penalty provided in § 320-4 of this chapter.
It shall be the responsibility of the occupants and property
owners to maintain their property in a nuisance-free manner and also
to be responsible for the abatement and/or correction of any public
health nuisance that has been determined to exist on their property.
"Public health nuisance" is defined in § 320-6 of this chapter. More specifically, but not limited by enumeration, the following are public health nuisances, and it shall be a violation of this chapter for any person or persons to commit, maintain or allow any nuisance as declared and described in this section.
A.
Pollution, or the existence of a condition or discharge or release
of a hazardous substance which causes or threatens pollution, of any
surface water, subsurface water or soil in the Borough's and/or
the County Health Department's jurisdiction.
B.
The escape or entrance into the environment from any stack, vent,
chimney or process, or from any fire, of such quantities and duration
of smoke, fly ash, dust, fumes, vapors, mists, or gases that tend
to be injurious to human health or welfare, animal or plant life or
property, or would unreasonably interfere with the enjoyment of life
or property throughout the Borough.
C.
Any chemicals or hazardous materials that emit fumes, vapors, mists,
or gases which may be injurious to human health or welfare shall be
used in compliance with all manufacturers' specifications.
D.
The growth, existence or presence of any noxious weeds within 20 feet of any property line, or other nuisances as set forth within Borough Ordinance No. 2014-6, Ordinance No. 2014-8, and Chapter 358 of the Borough Code.
E.
The presence on any plot of land, highway, street, right-of-way or
any other public or private place of any accumulation of solid waste
and/or any other matter or thing which serves as food for insects,
rodents or wildlife and to which they may have access, or which serves
or constitutes a breeding place or harborage for insects, rodents,
wildlife or pigeons of a public health significance, but excluding
usable materials properly stored. The practice of composting shall
not fall within the meaning of this subsection, provided that such
compost pile, mound or area is maintained on one's own private
property and is properly maintained so as not to present offensive
odors, the breeding or harborage of flies or other insects, rodents
or vermin, or any other public health nuisance.
F.
The existence or presence of any water or other liquid in which mosquito
eggs, larvae or pupae exist or of any condition which allows water
to lie, pond, stand or otherwise accumulate so as to provide a breeding
environment for mosquitoes. The meaning of this subsection shall not
apply to ponds where fish are adequately maintained so as to preclude
the breeding of mosquitoes. This subsection shall not apply to fountains
or swimming pools which maintain adequate circulation to preclude
the breeding of mosquitoes.
G.
The keeping or feeding of any animal or animals in such a manner
as to cause or present a public health nuisance, a source of foulness,
odors, or disease, or breeding of insects, rodents or other vermin.
H.
The runoff, sump pump discharge or drainage of water from any premises
or building which results in the accumulation of ice or stagnant water
on public roadways or onto an adjoining property in an uncontrolled
manner without permission of adjoining property owners or the Borough
and as a result creates a public health nuisance or safety hazard.
This subsection shall not apply to water retention areas when properly
maintained and cleaned of silt and debris and/or reservoirs approved/permitted
by the appropriate government agencies.
I.
Public restrooms shall be kept in good repair; all surfaces of fixtures,
walls and floors are cleaned on a regular schedule and must be provided
with running hot and cold water of adequate pressure per the Plumbing
Code. A supply of toilet paper, soap and hand-drying supplies or equipment
shall be provided at all times. Hand-washing signs shall be posted.
J.
The existence or presence of any accumulation of a lead-based paint
hazard which may pose a human health hazard to the inhabitants of
the Borough or the public at large.
K.
Any acute or chronic water intrusion where conditions exist in an
occupied building and which has the potential to cause fungal amplification
in an indoor environment and/or the presence of any visible excessive
fungal growth.
