[Ord. 556, 9/1/1976;
as amended by Ord. 887, 7/2/2008]
A.
Unsheltered Storage of Unused or Unusable Personal Property a Nuisance.
Unsheltered storage of any machinery, implements, and/or equipment
and personal property of any kind which is no longer safely usable
for the purpose for which it was manufactured, which hereinafter is
collectively described as "said personality," for a period of 20 days
or more (except in licensed junkyards) within the corporate limits
of this Borough, is hereby declared to be a nuisance and dangerous
to the public safety.
B.
Use or Storage of Indoor Furniture. The use, keeping of storage of
any upholstered furniture, including mattresses, manufactured primarily
for indoor user shall be prohibited in any yard or any unenclosed
porch.
[Ord. 556, 9/1/1976;
as amended by Ord. 887, 7/2/2008]
The owner, owners, tenants, lessees and/or occupants of any
lot within the corporate limits of this Borough upon which such storage
is made, and also the owner, owners, and/or lessees of said personalty
involved in such storage (all of whom are hereinafter referred to
collectively as "owners"), shall jointly and severally abate said
nuisance by the prompt removal of said personalty into completely
enclosed buildings authorized to be used for such storage purposes
if within the corporate limits of the Borough, or otherwise to remove
it to a location without said corporate limits.
[Ord. 556, 9/1/1976;
as amended by Ord. 599, 12/19/1983; and by Ord. 887, 7/2/2008]
1.
Any person,
firm or corporation who shall violate any provision of this Part 1
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $300, together with costs of prosecution, or to imprisonment
for a term not to exceed 30 days.
2.
Notice and Payment of Violation. Upon the discovery of any violation
under the terms of this Part, the municipality shall, through its
authorized agents, give notice to the owner of a violation hereunder,
either by personal delivery to such owner, by United States mail directed
to the last-known address of such person or persons, as shown in the
real estate registry records of the municipality, or by leaving the
same on the premises where such violation occurs.
[Added by Ord. 1032, 8/15/2017]
3.
If such person shall, within seven days after the delivery, mailing
or leaving of such notice, pay to the Treasurer of the municipality
the sum of $25 for the violation, the same will constitute full satisfaction
for the violation noted in said notice. If two or more violations
are issued for the same property during a calendar year, the second
and subsequent violations' payment shall increase an additional
$25 per subsequent violation to a maximum of $300. The failure of
such person to make payment, as aforesaid, within seven days shall
render such owner subject to the penalties as provided hereinabove.
[Added by Ord. 1032, 8/15/2017]
[Ord. 556, 9/1/1976;
as amended by Ord. 887, 7/2/2008]
Whenever said owners fail to abate said nuisance, then the Borough
shall remove the said personalty to a location of its selection, the
expenses therefor to be billed to said owners, jointly and severally,
said bill to be recoverable in a suit at law.
When said personalty has been removed and placed in storage
by the Borough, as provided for herein, said personalty shall be sold
by the Borough after the lapse of such time as is provided by law.
If the proceeds of such sale are insufficient to pay the costs of
abatement, said owners shall be liable to the Borough for the balance
of the costs, jointly and severally, to be recoverable in a suit at
law. If the proceeds are in excess of costs the balance shall be paid
to the said owners, or deposited in the Borough Treasury for their
use.
[Added by Ord. 599, 12/19/1983; as amended by Ord. 887, 7/2/2008]
The Code Enforcement Officer or the Chief of Police are hereby
empowered to enforce the provisions of this Part.
