[Ord. 414, 6/7/2004, § 1; as amended by Ord. 454,
9/2/2008]
For the purposes of this Part the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number,
and the word "shall" is always mandatory and not merely directory:
The Board of Commissioners of West Lebanon Township, Lebanon
County, Pennsylvania.
Shall refer to the Code of Ordinances of West Lebanon Township.
Is any building construction or reconstruction rubbish, stone,
industrial refuse, dead animals, dilapidated machinery, appliances,
automobile engine blocks and engine parts, all in-home furnishings
that would not normally be stored out of doors including, but not
limited to, sofas, chairs, lamps, tables, box springs, mattresses,
etc.
A lot, land, or structure, or part thereof, used primarily
for the collecting, storage, and sale of waste paper, rags, scrap
metal, or discarded material, or for the collecting, dismantling,
storage, and salvaging of machinery or vehicles not in running condition,
and for the sale of parts thereof.
The unreasonable, unwarrantable, or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance, or discomfort to any person in the legitimate enjoyment
of his reasonable rights of person or property.
A person owning, leasing, occupying, or having charge of
any premises within the Township, and when applied to the proprietorship
of a domestic animal, includes every person having a right or property
in such dog and every person who keeps or harbors such domestic animal
or has it in his care or custody, and every person who permits such
domestic animal to remain on or about any premises owned or acquired
by him.
Any natural person, firm, partnership, association, corporation,
company, or organization of any kind.
Any animal carcass, fish, oyster shells, garbage, slaughter
house offal, broken glass, crockery, china, cuttings of tin, sheet
iron or metal, nails, or any other kind of material calculated to
wound, bruise or maim man or beast, or vegetables, fruit peelings
or rinds and shells thereof, ashes, dirt, grass, leaves, weeds, rubbish
of any kind or garbage, pasteboard boxes, paper advertisements and
handbills, show bills, waste paper or sweepings.
The Township of West Lebanon, Lebanon County, Pennsylvania.
[Ord. 414, 6/7/2004, § 2; as amended by Ord. 429,
10/3/2005; by Ord. 454, 9/2/2008; and by Ord. 459, 11/2/2009, § 4]
1.
Nuisances and activities which are contrary to the health, cleanliness,
comfort, and safety of the citizens including, but not limited to,
the following, are prohibited:
A.
Storing, accumulating, or dumping the following:
(1)
Refuse or debris.
(2)
Junk material (including, but not limited to, unused or abandoned
machinery, equipment, or appliances).
(3)
Other junk (including, but not limited to, any and all forms
of waste and refuse of any type of material, including scrap metal,
glass, industrial waste and other salvable materials.
B.
Storing or accumulating abandoned or junked motor vehicles.
C.
The establishment and maintenance of a junkyard except where permitted
upon application to West Lebanon Township under applicable rules and
regulations as may be adopted by resolution.
D.
Storing or accumulating more than three antique or collector motor
vehicles for restoration neither sheltered by a minimum height of
eight feet; or storing or accumulating in a disorderly fashion three
or less antique or collector motor vehicles for restoration.
E.
Drainage or flowing, or allowing to drain or flow, by pipe or other
channel, whether natural or artificial, any foul or offensive water
or drainage from sinks, bathtubs, wash stands, lavatories, water closets,
swimming pools, privies or cesspools of any kind or nature whatsoever,
or any other foul or offensive water or foul or offensive drainage
of any kind, from property along any public highway, road, street,
avenue, lane, or alley; or any from any property into or upon any
adjoining property.
F.
Draining or flowing, or allowing to drain or flow, any water or drainage
from within dwellings situate upon property along any public highway,
road, street, avenue, lane, or alley in the Township into or upon
the cartway or traveled portion of any said highway, road, street,
avenue, lane, or alley, except where provision has been made in said
cartway or traveled portion for said drainage by means or a drainage
ditch or otherwise.
H.
Maintaining or causing to be maintained any dangerous structure including,
but not limited to, abandoned or occupied buildings or parts of buildings
in a state of dilapidation or disrepair.
I.
Refusing or failing to cut and destroy grass, Canadian thistle, dandelion, ragweed, chicory, thistle, golden rod, poison ivy, sumac, or other vegetation which has grown above the height of 12 inches, as required by Ord. 295, 10/1/1979 [Chapter 10, Part 2].
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Exception - the provisions of this subsection pertaining to
the permissible height of vegetation within the Township shall not
apply to any property which is utilized predominantly for agricultural
purposes within the Township.
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J.
Permitting or allowing any well or cistern to be or remain uncovered.
K.
Interfering with the flow of a stream, creek, or other waterway,
by means of dam construction or otherwise.
L.
Removing the embankment of a stream so as to alter the natural flow
of the stream.
M.
Pushing, shoveling, or otherwise depositing snow upon the cartway
or traveled portion of any public highway, road, or street which is
maintained by this Township or by the Commonwealth of Pennsylvania,
and allowing same to remain thereon and to remain upon sidewalks for
a longer period of time then 24 hours.
N.
Allowing or permitting any excavation, material excavated, or obstruction,
on or adjoining any highway, street, or road, to remain opened or
exposed without the same being secured by a barricade, temporary fence
or other protective materials.
O.
To conduct or carry on any offensive manufacturing or business.
P.
To drive, or cause to be driven, park, or store any cart, wagon,
or truck containing garbage, earth, dung, filth, or rubbish of any
kind, or which is used for such purposes, unless such cart, wagon,
or truck has a good and sufficient tailboard and body, tight and closed
at the sides and bottom to prevent the contents from dropping from
the vehicle, or to park such vehicles in or about any highway, street,
or alley near any property where the odors from the same may be annoying
or offensive.
[Ord. 414, 6/7/2004, § 3]
1.
Whenever a condition constituting a nuisance or condition contrary
to the health, cleanliness, comfort, and safety of its citizens as
hereinbefore set forth is permitted or maintained, the Board of Commissioners
shall cause written notice to be served upon the owner in one of the
following ways:
A.
By making personal delivery of the notice to the owner.
B.
By handling a copy of the notice at the residence of the owner to
an adult member of the family with which he resides; but if no adult
member of the family is found, then to an adult person in charge of
such residence.
C.
By fixing a copy of the notice to the door at the entrance of the
premises in violation.
D.
By mailing a copy of the notice to the last known address of the
owner by certified mail.
E.
By publishing a copy of the notice in the local newspaper once a week for three successive weeks. Such notice shall set forth in what respects such condition constitutes a nuisance, and whether removal is necessary and required by the Township, or whether the situation can be corrected by repairs, alterations, or by fencing or boarding or in some way confining and limiting the nuisance. Such notice shall require the owner to commence action in accordance with the terms thereof within 10 days and thereafter to comply fully with its terms with reasonable dispatch, all material to be supplied and work done at the owner's expense; provided, however, that if the violation charged is under § 10-302, Subsection 1G, J, N, or M, and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.
[Ord. 414, 6/7/2004, § 6; as amended by Ord. 454,
9/2/2008]
1.
If the owner after receiving due notice refuses to comply with the terms thereof, or in the case of a violation of the domestic animal regulations [Chapter 2] or outdoor fires [Chapter 7, Part 2], where notice is not required:
A.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, shall be sentenced to pay a fine
of not less than $100 nor more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days.
B.
The Board of Commissioners may direct the removal, repairs, or alterations,
as the case may be, to be done by the Township and the cost thereof
with a penalty of 10% may be collected from the owner of the premises
by an action of assumpsit or may file a municipal claim or lien therefore
against such real estate.
C.
The Township by means of a complaint in equity may compel the owner
to do so or seek such other relief as such court is empowered to afford.
