[Ord. 139, 10/3/1994; as amended by Ord. 266, 9/17/2007]
1. It shall be unlawful for any person, on public or private property,
in Wrightstown Township, to operate, own, or maintain an offensive
business or activity as hereinafter defined, to the extent that such
acts are or tend to be contrary to the health, safety, welfare, morals,
and quiet and peaceful enjoyment of persons in Wrightstown Township,
and the same are declared to be a nuisance.
2. "Offensive business or activity" shall mean any business or activity,
the operation of which creates a threat or risk to the public health,
safety, morals, welfare, or peaceful and quiet enjoyment of persons
in Wrightstown Township.
3. Enforcement Proceedings. This Part may be enforced by the Board of
Supervisors in any one or more of the following manners, and the election
of one method of enforcement shall not preclude the institution of
proceedings to enforce this Part by any of the other enforcement methods
as set forth herein.
A. The Board of Supervisors may give written notice to the person charged
with operating, maintaining, owning, or creating a nuisance, as herein
provided, requiring such person to abate the nuisance within 10 days
of the date of the notice unless an emergency exists in which case
the notice may provide for a shorter period. Notice shall be effective
hereunder if mailed, postage prepaid, certified mail, return receipt
requested, marked "deliver only to addressee," or served personally,
by any adult individual, on the person charged, or in the absence
of the availability of the foregoing service, by posting a copy of
the notice of abatement at three conspicuous locations on the property
on which the nuisance exists. Except in an emergency, the Board of
Supervisors may conduct a public hearing on the issue of the abatement
of the nuisance if the person charged requests the same in writing
to the Board prior to the time the aforesaid notice requires the nuisance
to be abated. The hearing shall permit testimony to be taken and at
the end thereof, written findings and conclusions shall be entered
by the Board and delivered to the person charged. The person charged
must appear at the hearing so scheduled or the hearing shall be deemed
waived. If the person charged fails to abate the nuisance as required
in the aforesaid notice, or within three days after the conclusion
of the hearing and delivery of the findings and conclusions, if the
same upholds the abatement of the nuisance, the Board of Supervisors
may take any reasonable action to abate the nuisance and collect the
cost of the removal of such nuisance, together with such penalty as
is hereinafter prescribed, from the property owner or the person charged
by summary proceeding or in the manner provided for the collection
of municipal claims, or by an action of assumpsit without filing of
a claim.
B. The Board of Supervisors may institute proceedings in courts of equity
having proper jurisdiction to compel the abatement of a nuisance and
to secure whatever other relief the said court may deem appropriate.
C. The Board of Supervisors may institute proceedings for violation
of this Part against any person so charged by a warrant or by a summons,
at the discretion of the section of the peace for Wrightstown Township,
before whom the proceeding is commenced. No warrant shall be issued,
except upon complaint on oath or affirmation specifying this Part
as the authority for which the warrant is issued. All proceedings
shall be directed to and be served by a constable of the Township.
Warrants shall be returnable forthwith and upon such return a proceeding
shall be had, as in the cases of a summary action. Upon conviction
thereof in an action brought before a section 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.
In addition, costs to the Township of the abatement of the nuisance
may be recovered in this proceeding against the person charged.