[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution control — See Ch. 67.
Unfit buildings — See Ch. 91.
Animals — See Ch. 117.
Littering — See Ch. 170.
Peace and good order — See Ch. 189.
Property maintenance — See Ch. 197.
Vacant/abandoned properties — See Ch. 245.
Animals (Board of Health) — See Ch. 263.
Public health nuisances — See Ch. 273.
[Adopted as Ch. 73, Art. I, of the 1973 Code]
Where the Mayor and Council shall deem it necessary and expedient for the preservation of the public safety, the owner or tenant of any lands lying within the limits of the Borough of Somerdale shall:
A. 
Cut and keep cut to a height of not more than 2 1/2 feet all hedges and not more than a length of six inches all brush and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of any two roadways and clear all sidewalks of dirt and debris within 10 days after notice to do the same.
B. 
Not erect or permit to be erected any fence above the height of 2 1/2 feet within 25 feet of the intersection of any two roadways.
[Amended 9-12-1990 by Ord. No. 90:09]
If the owner or tenant of any lands lying within the limits of the Borough of Somerdale shall refuse or neglect to cut and keep cut all brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of any two roadways or to clear sidewalks of dirt and debris or to remove any fence in violation of § 181-1B above within 10 days after notice from the Clerk of the Borough of Somerdale or other official authorized by Mayor and Council, which notice may be given by personal service or by certified mail, return receipt requested, to cut the same, the Borough shall cause the same to be cut under the direction of the Superintendent of the Highway or Public Works Department.
In all cases where brush, hedges and other plant life are cut from any lands and sidewalks are cleared of dirt and debris under the provisions of this article as hereinabove provided, the Superintendent of the Highway Department shall certify the cost thereof to the Mayor and Council, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands or, in the event that such cost is excessive shall cause the reasonable cost thereof to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the rate as other taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Amended 9-12-1990 by Ord. No. 90:09]
Any person who violates any provision of this article shall, upon conviction thereof, be subject to any combination of the following:
A. 
A fine of not less than $100 nor more than $1,000.
B. 
A term of imprisonment not exceeding 90 days.
C. 
A period of community service not exceeding 90 days.
[Adopted 10-12-2022 by Ord. No. 2022:10]
"Nuisance" is defined as any behavior or activity which interferes with quiet use and enjoyment of property and includes behavior which is objectively annoying, unpleasant or obnoxious and/or interferes with the rights of the public generally; "nuisance" shall also include any violation of the Borough's zoning provisions by the operation of a use not permitted in a given zone.
Any person or entity who violates any provision of this article shall, upon conviction thereof, be subject to any combination of the following:
A. 
A fine of not less than $100 nor more than $1,000;
B. 
A term of imprisonment not exceeding 90 days;
C. 
A period of community service not exceeding 90 days; and
D. 
An order prohibiting the operation of a use not permitted in that zone.