[HISTORY: Adopted by the Board of Supervisors of the Township of North Newton 7-10-2007 by Ord. No. 07-2007A. Amendments noted where applicable.]
Property maintenance — See Ch. 223.
The North Newton Township Board of Supervisors enacts this chapter in order to promote and protect the health, cleanliness, sanitation, and general welfare of the residents of North Newton Township, Cumberland County, Pennsylvania.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:
- The Board of Supervisors of North Newton Township.
- Any and all forms of waste, scrap, discarded materials or articles or parts thereof and shall include, but not be limited to, scrap metal, used, scrapped, or abandoned building materials, inoperable, scrapped, abandoned or junked motor vehicles or parts thereof, machinery, appliances, furniture, farm machinery, or other nonfunctional equipment.
- The unreasonable, unwarrantable or unlawful use of public or private property which causes injury, damage, inconvenience, annoyance or discomfort to any person or resident in the legitimate enjoyment of his reasonable rights of a person or property.
- A person owning, leasing, occupying, or having charge of any premises within the Township.
- Includes an individual, firm, a partnership, an association, a corporation, a stock company, a trust, an unincorporated association or any other group or legal entity.
- North Newton Township, Cumberland County, Pennsylvania.
Nuisances, including but not limited to the following, are declared illegal:
Storing or accumulating within the Township the following:
Garbage, ashes, refuse, rubbish or junk.
Garbage. Waste resulting from the handling, preparation, cooking and consumption of food. It shall be unlawful to place or permit to remain anywhere in the Township any garbage, except garbage which is temporarily stored in a tightly sealed container pending regular removal.
Refuse/rubbish. Combustible trash, including paper, cartons, boxes, barrels, wood, wood furniture, bedding; noncombustible trash, including metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery and other mineral waste.
Ashes. Residue from fire used for cooking and for heating buildings.
Storing or accumulating more than two unregistered vehicles on any property within the Township, unless stored within a building.
Draining or flowing, or allowing to drain or flow, any water or drainage from within a structure situate upon property along public highway, road, street, avenue, lane, or alley in the Township into or upon the cartway or traveled portion for said drainage by means of a drainage ditch or otherwise.
Maintaining or causing to be maintained, any dangerous structure, including but not limited to abandoned or unoccupied buildings or parts of buildings in a state of dilapidation or disrepair.
Permitting or allowing any well or cistern to be, or remain, uncovered.
Pushing, shoveling or otherwise depositing snow upon the cartway or traveled portion of any public highway, road or street which is maintained by the Township or by the Commonwealth of Pennsylvania, and allowing same to remain thereon.
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.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
In addition to the remedies provided in § 202-4 above, any continued violations of this chapter which shall constitute a nuisance in fact or which shall, in the opinion of the Board of Supervisors, constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.
Furthermore, the Board of Supervisors may direct the removal, repair or abatement of the nuisance to be done by the Township and to certify those costs thereof to the Township Solicitor. The cost of the removal, repair or abatement to become a lien upon such premises, and filed with the Township Secretary and/or courts.