[Ord. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986]
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 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.
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. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986;
and as amended by Ord. 1192, 6/14/2004]
1.
It shall be unlawful for any person to create or maintain any condition
upon their property which directly or indirectly causes a nuisance
or health hazard to residents of the Borough including, but not limited
to, the unsheltered storage or maintenance of unused, stripped, damaged
and generally unusable machinery or equipment, or materials, which
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 conducive to the harboring and growth
of vermin.
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.
Storage in such a manner as to block or hinder access to the premises
or to any building on the premises.
F.
Any other condition which, deemed to be a health hazard, potential
health hazard or nuisance.
[Ord. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986]
1.
Storage of such items as listed in § 10-402 hereof on personal 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 § 10-402, 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 an opaque fence at least six feet high which is locked at all times when unattended. With the special approval of the Borough Council 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. In addition the machinery, equipment, or materials shall be kept free of vermin infestation while being stored; and all gas, oil or other potentially hazardous substances shall be removed. The total area of storage of such potential nuisances may not exceed 100 square feet.
[Ord. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986;
and as amended by Ord. 1192, 6/14/2004]
1.
The Building Inspector or designee 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 the noncompliance with the provisions of this Part,
or if any condition, structure, or improvement poses a threat 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 remove or otherwise
rectify the condition as set forth in the notice within 10 days of
mailing or posting of said notice.
[Ord. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986;
and as amended by Ord. 1192, 6/14/2004]
If the owner of the premises on which machinery, equipment and/or
materials are stored does not comply with the notice to abate the
conditions, the Borough shall have the authority to take measures
to correct the conditions and collect the cost of such corrections
plus 10% of all costs by filing a municipal lien against said premises.
The Borough, 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. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986]
1.
Any person aggrieved by the decision of the Building Inspector may
request and shall then be granted a hearing before the Borough Council;
provided, he files with the Borough Council within 10 days after notice
of the Building 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 Borough Council shall sustain, modify or
overrule the action of the Building Inspector.
[Ord. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986;
as amended by Ord. 1192, 6/14/2004; and by Ord. 1295, 9/9/2013]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge 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. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986]
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 Borough Council.
