[Ord. 05-112, 7/26/2005]
1.
LESSEE
NUISANCE
OWNER
PERSON
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner for the purpose of this Part when the lessor holds
the lessee responsible for maintenance and repairs.
Any condition, structure, or improvement which shall constitute
a threat or potential threat to the health, safety, or welfare of
the citizens of the Township.
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual or
partnership, association, or corporation.
A natural person, firm, partnership, association, corporation,
or other legal entity.
2.
In this Part, the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. 05-112, 7/26/2005]
1.
It shall be unlawful for any person to store or maintain abandoned,
unused, stripped, damaged and generally unusable appliances, machinery
or equipment, or construction materials in the open on private property.
Such storage shall constitute a nuisance and/or health hazard if any
of the following conditions exist:
A.
Broken glass or metal parts with sharp or protruding edges.
B.
Containers which are conducive to the harboring and growth of vermin
or animals.
C.
Storage in any manner which would allow the equipment, machinery,
material or any parts thereof to easily shift, tilt, or fall from
its original storage position.
D.
Containers of any liquid or material of a hazardous or potentially
hazardous nature including, but not limited to, gasoline, oil, battery
acids, refrigeration agents, and poisons.
E.
Any other condition which shall threaten the health, safety or welfare
of the citizens.
F.
Refrigerators with the doors remaining attached.
[Ord. 05-112, 7/26/2005]
1.
The Enforcement Officer/Inspector is hereby empowered to inspect
private property on which appliances, machinery, equipment, and/or
various construction materials are stored to determine if there is
compliance with the provisions of this Part. If noncompliance with
the provisions of this Part constitutes a nuisance, or if any condition,
structure, or improvement poses a danger to the health, safety, or
welfare of the public, he shall issue a written notice to be served
by registered or certified mail upon the owner of said premises, or,
if the owner's whereabouts or identity be unknown, by posting
the notice conspicuously upon the offending premises.
2.
Said notice shall specify the condition considered to be a hazard
and/or nuisance and shall require the owner to commence to remove
or otherwise rectify the condition as set forth in the notice within
10 days of mailing or posting of said notice and, thereafter, to fully
comply with the requirements of the notice within a reasonable time.
[Ord. 05-112, 7/26/2005]
If the owner of property on which appliances, machinery, equipment,
and/or construction materials are stored does not comply with the
notice to abate the nuisance, 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 statutory or
otherwise authorized police powers, shall have the right and power
to enter upon the offending premises to accomplish the foregoing.
[Ord. 05-112, 7/26/2005]
1.
Any person aggrieved by the decision of the Enforcement Officer/Inspector
may request and shall then be granted a hearing before the Board of
Supervisors; provided, he files with the Board of Supervisors within
10 days after notice of the Enforcement Officer's/Inspector'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.
2.
After such hearing, the Board of Supervisors shall sustain, modify
or overrule the action of the Enforcement Officer/Inspector.
[Ord. 05-112, 7/26/2005]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 05-112, 7/26/2005]
The remedies provided herein for the enforcement of this Part,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
option of the Board of Supervisors.
