[Ord. 995, 12/10/2003]
If the owner of grounds on which the nuisance, public nuisance
hazard, machinery, equipment and/or materials are stored does not
comply with the notice to abate the conditions, within the time limit
prescribed, the Borough of Aspinwall shall have the authority to take
measures to correct the conditions and collect the costs of such corrections
plus 10% of all costs. The Borough of Aspinwall, 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. 995, 12/10/2003]
Disorderly conduct is hereby prohibited within the Borough of
Aspinwall. Whoever willfully makes or causes to be made any loud,
boisterous and unseemly noise or disturbance to the annoyance of the
peaceable residents nearby, or near to any public highway, road, street,
land, alley, park, square or common area, whereby the public peace
is broken or disturbed or the traveling public annoyed, is guilty
of the offense of disorderly conduct.
[Ord. 681, 2/9/1972,
§ 8805]
No person shall place, throw or deposit garbage, refuse, waste,
rubbish, papers or decaying plant, animal or vegetable matter of any
kind, including tree or plant cuttings, upon or along any street or
highway or upon public property or along the bank of any stream or
watercourse within the Borough.
[Ord. 681, 2/9/1972,
§ 8806; as amended by Ord. 806, 6/11/1986]
1. It shall be unlawful for any person to maintain or permit any of
the following conditions or structures or premises to be in the Borough
of Aspinwall:
B. Open excavations where construction or excavating is not currently
proceeding.
C. Unfinished buildings, foundations or other structures where construction
is not currently proceeding.
D. Buildings or structures damaged or partially destroyed or in a state of disrepair or dangerous so as to be in violation of Chapter
5, Part
1, Building Construction, or Chapter
5, Part
2, Property Maintenance, of this Code.
E. Dangerous placement of materials or equipment; abandoned refrigerators.
F. Lakes, ponds or swimming pools not properly safeguarded. Stagnant
water or pools in which mosquitoes, flies or insects multiply.
G. Premises in any recorded plan of lots or highly developed neighborhood
which are not landscaped and maintained free of weeds, unhealthful
growth, noxious matter, junk or debris.
2. The use,
storage, or application of coal tar sealant or any materials containing
PAHs is not permitted in the Borough. Specifically, the following
shall be unlawful acts under this section:
[Added by Ord. No. 1083, 4/14/2021]
A. No person
shall apply, or cause or permit others to apply, coal tar sealant,
or any other material containing PAHs, to asphalt, pavement, or any
other surface on public or private property in the Borough.
B. No person shall willfully
or knowingly fail or refuse to remove, contain or encapsulate coal
tar sealant, or any other material containing PAHs which are being
leeched, emitted, or otherwise released at a harmful level, including
the release of dust or other airborne particles containing PAHs. The
obligation to remove released PAHs shall include an obligation to
control or release any dust or other residue of PAHs from any affected
properties, including those downwind or downstream of the source property.
Any disagreement as to whether the level of release is harmful shall
be determined by the opinion of a competent testing agency, approved
by the Borough and engaged at the expense of the property owner, lessee,
or other controlling person or entity.
C. The Borough
Code Enforcement Officer, police, or any other officer or agent so
authorized by Borough Council shall have the right to enter upon land
and to cause a competent testing agency to test any surface or substance
which they reasonably suspect may contain, or have been treated with
materials containing, PAHs, including any driveway, private road,
or parking area believed to have been treated with coal tar sealant.
[Ord. 995, 12/10/2003]
The use of any property or any activity within the Borough shall be in compliance with all the environmental performance standards contained in the Zoning Ordinance [Chapter
27].
[Ord. 995, 12/10/2003]
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 inspecting official.