Township of Pocono, PA
Monroe County
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[HISTORY: Adopted by the Board of Supervisors (now Board of Commissioners) of the Township of Pocono 4-24-1998 by Ord. No. 80. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 356.
Zoning — See Ch. 470.
This chapter shall be known and cited as the "Used Tire Ordinance."
Recognizing the danger posed to the health, safety and welfare of Pocono Township and its citizens from the threat of fire involving accumulations of used tires, it is the purpose of this chapter to regulate the accumulation of such tires.
This chapter is adopted under the authority provided to Pocono Township by the Commonwealth of Pennsylvania pursuant to the First Class Township Code, as amended, 53 P.S. § 55101 et seq.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Board of Commissioners of Pocono Township, Monroe County, Pennsylvania.
FIRE CHIEF
The Chief of the Pocono Township Volunteer Fire Company.
OCCUPANT
The persons or person, jointly or severally, who has control over the property on which used tires are accumulated, whether as an owner, lessee or licensee.
OWNER
Any persons or person, jointly or severally, who, either by conveyance, inheritance or otherwise, is vested with the title to real property and/or improvements thereto or who retains the exclusive control of such property and/or improvements thereto in his capacity as a legal representative, such as an administrator, trustee, executor, etc.
PERSON
Any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau or agency of the commonwealth, political subdivision, municipality, district, authority or any 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 imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local agency or municipal, public or private corporation for profit or not for profit.
TOWNSHIP
The Township of Pocono, Monroe County, Pennsylvania.
USED TIRE
A continuous solid or pneumatic rubber cushion intended to encircle a wheel that has endured use (i.e., any tire other than a new tire).
ZONING OFFICER
Any Zoning Officer or Alternate Zoning Officer duly appointed by the Board of Commissioners of Pocono Township.
A. 
No person shall allow, permit or have an accumulation of used tires on any property within the Township which tends to create a fire hazard.
B. 
Whenever the Zoning Officer or Fire Chief determines that it reasonably appears there is an immediate danger to the life, health or safety of any person or property due to an accumulation of used tires on or in a property, the Zoning Officer shall declare such premises to be a public nuisance.
A. 
The Zoning Officer and/or Fire Chief is hereby empowered to inspect private property on which used tires have been accumulated to determine if the same creates or constitutes a danger to the life, health or safety of any person or property. If such accumulation creates or constitutes a nuisance or poses a danger to the health, safety or welfare of the public, the Zoning Officer shall issue a written notice upon the owner and occupant of said premises, or, if the owner's and/or occupant's whereabouts or identity are unknown, by posting a notice captiously upon the offending premises.
B. 
Said notice shall require the owner and/or occupant to remove or otherwise rectify the condition as set forth in the notice within 14 days of mailing or posting of said notice.
If the owner and/or occupant of property on which used tires are accumulated in violation of this chapter does not comply with the notice to abate the nuisance and remove the used tires within the time limit prescribed, the Township shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. The Township, in such event and pursuant to its authority or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.
A. 
Any person aggrieved by the decision of the Zoning Officer may request and shall be granted a hearing before the Board, provided that such person files with the Board, within 10 days after notice of the Zoning Officer's decision, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the petition was filed unless postponed for sufficient cause.
B. 
After such hearing, the Township shall sustain, modify or overrule the action of the Zoning Officer.
C. 
Appeal hearings shall be conducted pursuant to the Act of December 2, 1968 (P.L. 1133, No. 353), known as the "Local Agency Law."[1]Any subsequent appeal shall be to the Court of Common Pleas of Monroe County, Pennsylvania.
[1]
Editor's Note: See now 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.
[Amended 7-3-2000 by Ord. No. 93[1]]
This chapter shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this chapter shall, upon conviction in a summary proceeding, pay a fine of not more than $1,000, plus the costs of prosecution, and, in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 30 days. All fines, penalties, costs and reasonable attorney’s fees collected for the violation of this chapter shall be paid to Pocono Township for its general use.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).