[Ord. 976, 1/16/2008]
1.
BOROUGH
BOROUGH COUNCIL
COAL TAR SEALANT
CODE OFFICIAL/BUILDING INSPECTOR
LESSEE
NUISANCE
OWNER
PERSON
POLYCYCLIC AROMATIC HYDROCARBONS (PAHs)
PUBLIC NUISANCE
ZONING ORDINANCE
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Forest Hills Borough.
The Borough Council of Forest Hills Borough.
Products intended to be, or in practice used for, the sealing,
covering, or protection of asphalt or other paving materials which
are made using coal tar pitch, used motor oil, or other materials
containing polycyclic aromatic hydrocarbons.
[Added by Ord. No. 1097, 12/15/2021]
The Code Official/Building Inspector of the Borough, Borough
Code Enforcement Officer, Borough Zoning Officer, and/or Police Chief,
or other designee of the Borough Council.
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 Forrest Hills Borough.
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.
Chemical compounds such as benzanthracene, benzoflouranthene,
benzoperylene, benzopyren, crysene, and other similar compounds which
are believed by competent authorities to pose risk to human health
and other animal life.
[Added by Ord. No. 1097, 12/15/2021]
Includes the following:
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(1)
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The physical condition or use of any premises regarded as a
public nuisance at common law.
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(2)
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Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children including,
but not limited to, abandoned wells, shafts, basements, excavations
and unsafe fences or structures.
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(3)
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Any premises which have unsanitary sewerage or plumbing facilities.
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(4)
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Any premises designated as unsafe for human habitation or use.
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(5)
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Any premises which are manifestly capable of being a fire hazard,
or are manifestly unsafe or unsecured as to endanger life, limb or
property.
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(6)
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Any premises from which the plumbing, heating and/or facilities
required by this Part have been removed, or from which utilities have
been disconnected, destroyed, removed or rendered ineffective, or
the required precautions against trespassers have not been provided.
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(7)
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Any premises which are unsanitary, or which are littered with
rubbish or garbage, or which have uncontrolled growth of weeds.
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(8)
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Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to the extent as not to provide shelter,
in danger of collapse or failure and is dangerous to anyone on or
near the premises.
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Chapter 27 of the Forest Hills Borough Code, "Zoning," as amended.
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. 976, 1/16/2008]
1.
It shall be unlawful for any person to create or maintain any condition
upon their property which could directly or indirectly cause a nuisance,
public nuisance or health hazard to residents of the Borough.
2.
Specifically, the unsheltered storage or maintenance of unused, stripped,
damaged and generally unusable machinery or equipment, or materials,
fixtures or appliances shall be considered 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.
Openings or areas which are conductive to the harboring and growth
of vermin or pest insects.
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.
Contains 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, in the opinion of the Code Official/Building
Inspector shall be deemed to be a health hazard, potential health
hazard or nuisance.
[Ord. 976, 1/16/2008]
1.
Storage of items as listed in § 10-102, Subsection 2, hereof on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Borough ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in § 10-102, Subsection 2, must first apply for a permit for either temporary or permanent storage and pay a fee to the Borough such as may be provided from time to time by resolution of the Borough Council. The nuisance(s) must be stored within a garage or other enclosed building or outside within a nontransparent fence at least six feet high which is locked at all times when unattended. With the special approval of the Code Official/Building Inspector, nuisances may also be stored outside in an area enclosed by a chain link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. All such storage areas shall be considered a structure under this Part and the Borough Zoning Ordinance [Chapter 27] and as such must comply in all respects with the Borough Zoning Ordinance [Chapter 27] in regard to structures. The total area of storage of such potential nuisances may not exceed 100 square feet. In addition, the machinery, equipment or materials shall be kept free of vermin and pest/insect infestation while being stored; and all gas, oil or other potentially hazardous substances shall be removed.
[Ord. 976, 1/16/2008]
1.
The Code Official/Building Inspector is hereby empowered to inspect
grounds on which machinery, equipment, and/or various 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
threat to the health, safety or welfare of the public, the Code Official/Building
Inspector shall issue a written notice to be served by registered
or certified mail upon the owner of said premises, and/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 conditions considered to be a hazard
and/or nuisance and shall require the owner to commence to remove
or otherwise rectify the condition as set fort therein 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 period.
[Ord. 976, 1/16/2008]
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, then the Township 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, 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. 976, 1/16/2008]
1.
In addition to the foregoing provisions, the following specific acts
shall be defined as and held to be nuisances, and punishable as such.
A.
Loud playing of radios, television sets, amplifiers and sound devices
so as to be heard beyond the premises.
B.
Operation of motor vehicles, construction equipment, motorcycles,
motorbikes, scooters, go-karts or similar vehicles which are not adequately
and properly equipped with mufflers in operating condition, or to
operate the same so as to cause unnecessary noise, or to operate the
same in a reckless or dangerous manner. No gasoline-powered lawn mower
or gasoline-powered chain saw or other similar equipment shall be
operated on any day before 7:00 a.m. nor after 9:00 p.m.
C.
Operating an unlicensed vehicle, including go-karts, or operating
model airplanes equipped with gasoline engines on a public street
or on public or school grounds.
D.
Throwing trash or rubbish upon or littering the streets or public
or private property adjacent thereto.
E.
Posting bills, notices, advertisements or signs on telephone or utility poles or elsewhere along streets, or on public or private property, other than signs permitted under the Borough Zoning Ordinance [Chapter 27].
F.
The keeping or harboring of any dog or other animal or fowl which
by frequent howling or barking or other noise or odor shall annoy
or disturb the neighborhood or a number of persons, or the keeping
of a vicious dog not adequately leashed or secured.
G.
The distribution, sale or exhibition of obscene, indecent or immoral pictures, films, literature or pamphlets, or engaging in any obscene, indecent or immoral act or show, in violation of the Adult Oriented Business Ordinance [Chapter 13].
H.
To be in violation of any curfew or legal restriction on public assembly
hereinafter enacted by the Borough Council.
I.
Begging, soliciting alms or vagrancy.
[Ord. 976, 1/16/2008]
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. 976, 1/16/2008;
as amended by Ord. No. 1097, 12/15/2021]
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 Forest Hills:
A.
Open wells and cisterns.
B.
Open excavations where construction or excavating is not currently
proceeding.
C.
Unfinished building, foundations or other structures where construction
is not currently proceeding.
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:
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 remove 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. 976, 1/16/2008]
1.
Manner of Operation.
A.
No person shall carry on any building or road construction, excavating,
trenching or operation of heavy equipment (including but not limited
to bulldozers, high lifts, backhoes, trucks, power shovels, pumps
and jack hammers) or trucks in connection therewith between the hours
of 9:00 p.m. to 7:00 a.m., Monday through Saturday, nor at any time
on Sunday and on federally designated legal holidays, except by a
special permit issued by the Borough Manager or his designee. Such
permit shall be issued only if it is shown that the construction work
must proceed as a matter of emergency or that it can be carried on
in a manner or in such a place that the public or residents will not
be annoyed or disturbed by said construction work. Construction work
shall be conducted in such a manner as to avoid or minimize causing
dirt to be carried by wind onto adjacent properties or mud to be tracked
or drained onto streets adjacent to the project.
B.
Vehicles and equipment shall only be taken into lots or property
at the place where the driveway is located and shall not run over
curbing or gutters.
C.
The emergency repair of broken water lines, gas lines, sewer lines
or other utilities shall not be subject to the above time restrictions.
2.
Dirt, Mud and Debris Deposits. It shall be unlawful for any dirt,
mud, soil stone or debris to be washed, tracked or otherwise deposited
upon the pavement of any street. Any dirt, mud, soil, stone or debris
deposited upon the pavement of any street shall be removed immediately
so as not to create any traffic safety hazard. In the event of a failure
to comply with the foregoing requirements, the Code Official/Building
Inspector, in his/her sole discretion, in addition to any fines that
may be imposed, may require that there shall be installed a driveway
of red dog, cinders or of slag or other composition from the street
to the building line, and traffic from the street onto the premises
shall be limited to the driveway. Persons subject to these penalties
shall include, but not be limited to, the general contractor and subcontractors
whose actions created the safety hazard, as well as the owner of the
subject property and any other person responsible for the project.
[Ord. 976, 1/16/2008]
The use of any property or an activity within Forest Hills Borough shall be in compliance with all environmental performance standards contained in the Borough Zoning Ordinance [Chapter 27].
[Ord. 976, 1/16/2008]
1.
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
[Ord. 976, 1/16/2008]
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.
[Ord. 885, 12/16/1998, § 101]
No person shall operate, or cause to be operated, any audio
amplification or reproduction device including, but not limited to,
a hand carried radio, cassette, compact disc player, or one that is
installed in or audio powered by a vehicle, on a Borough street or
sidewalk, in a Borough park, on a public conveyance, or in any other
public property which generates an A-weighted sound level in excess
of 68 dB(a) in a residential area measured at, or adjusted to, a distance
of 50 feet from the source. If an A-weighted sound device is not present,
a violation has occurred if the disturbance is audible to an officer
or other individual standing in excess of 75 feet away from the source
of the disturbance.
[Ord. 885, 12/16/1998, § 102]
No person shall operate, or cause to be operated any audio amplification
system on public or private property, which generates an A-weighted
sound level in excess of 68 dB(a) measured at, or adjusted to, a distance
of 50 feet beyond the boundary of the property in which the audio
amplification or reproduction system is located. If an A-weighted
sound device is not present, a violation has occurred if the disturbance
is audible to an officer or other individual standing in excess of
75 feet away from the source of the disturbance.
[Ord. 885, 12/16/1998, § 103]
[Ord. 885, 12/16/1998, § 104]
1.
A person operating an audio amplification or reproduction device
shall be exempt from this Part provided that:
A.
The device is being operated to request assistance or warn of a hazardous
situation.
B.
The device is used in connection with an authorized emergency vehicle
or a vehicle operated by a gas, electric, communications or water
utility.
C.
The device is being used in connection with a parade, political activity, amusement activity or community event which is being conducted under a permit issued by the Borough, county, state or federal governmental authorities and is otherwise in compliance with the applicable ordinances of Forest Hills Borough and provided that the sound level in §§ 10-201 and 10-202 are not exceeded between the hours of 11:00 p.m. and 7:00 a.m., prevailing time.
[Ord. 885, 12/16/1998, § 105]
No person, for commercial purposes, shall erect or locate any
device or apparatus in the front of or on the exterior of any premises,
nor permit the erection or location thereof, which shall by mechanical
or electrical means emit any loud sounds or noises so as to annoy
or disturb passersby on the public thoroughfares or the general public.
[Ord. 885, 12/16/1998, § 106]
No person shall use, operate or permit to be played, used or
operated any sound-amplifying machine or equipment for producing or
reproducing of sound which is cast upon the public streets for the
purpose of advertising, marketing or sale of goods or services.
[Ord. 885, 12/16/1998, § 107]
No peddler, hawker or vendor shall shout or otherwise cry his
wares which disturbs the peace and quiet of the neighborhood.
[Ord. 885, 12/16/1998, § 108]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise which
either annoys, disturbs, injures or endangers the comfort, repose,
health, welfare, safety, peace or quiet of persons within Forest Hills
Borough.
[Ord. 885, 12/16/1998, § 109]
No person shall yell, shout, hoot, whistle or sing on the public
streets between the hours of 11:00 p.m. and 7:00 a.m., prevailing
time; nor at any time or place so as to annoy or disturb the quiet,
comfort or repose of persons in any building or of any persons in
the vicinity.
[Ord. 885, 12/16/1998, § 110]
No person shall sound any horn or any signaling device on any
automobile, motorcycle, or motor-bicycle or other vehicle in any street
or public place of Forest Hills Borough, except as a danger warning
signal; nor activate any such signal device that is unreasonably loud
or harsh; nor shall any person sound any device for an unnecessary
and unreasonable period of time; nor shall any air horn be used. This
section is not applicable to official emergency vehicles or other
vehicles on emergency business.
[Ord. 885, 12/16/1998, § 111]
No persons shall operate any motor vehicle or motorcycle or
motor scooter in Forest Hills Borough without an appropriate muffling
device on the exhaust system of said vehicle in order to prevent any
unnecessary and unreasonably loud or harsh sound.
[Ord. 885, 12/16/1998, § 112]
The keeping of any animal or bird which causes frequent or long
continued noise which disturbs the comfort or repose of any person
in the vicinity is prohibited.
[Ord. 885, 12/16/1998, § 113]
The erection, excavation, demolition, alteration, construction
or repair of any structure or the performance of any other work which
causes similar noise between the hours of 9:00 p.m. and 7:00 a.m.,
prevailing time, except in the case of urgent necessity in the interest
of public health and safety, is prohibited.
[Ord. 885, 12/16/1998, § 114]
The operation between the hours of 9:00 p.m. and 7:00 a.m. prevailing
time of any pile driver, steam or power shovel, excavating equipment,
pneumatic hammer, steam or electric hoist or other appliance, apparatus,
equipment or machinery, the use of which is attended by loud or unusual
noise, is prohibited, except in the case of urgent necessity in the
interest of public health and safety.
[Ord. 885, 12/16/1998, § 115]
No person shall create any excessive noise on any street adjacent
to any school, institution of learning, church or other public building
while the same is in use, which noise unreasonably interferes with
the workings of such institution or which disturbs or unduly annoys
the pupils, churchgoers or other persons inside such building.
[Ord. 885, 12/16/1998, § 116]
1.
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
