[Ord. 37, 3/20/1956, § 1; as amended by Ord. 337,
6/21/2000, § I]
1. It shall be unlawful for any person, firm or corporation or any agent
thereof to do, authorize, aid or abet in the doing of any of the following
things which are hereby declared to be a public nuisance:
A. To place, or cause to be placed, thrown or maintained in or near
any of the highways of the Township, or upon any public or private
grounds, any liquid or solid vegetable or animal matter that will
decay or become offensive, or will render offensive any of the drains,
streams or sewers within the Township.
B. To place, or cause to be placed, thrown or maintained in or near
any of the highways of the Township, or upon any public or private
grounds, any garbage, refuse, rubbish, waste, trash or other similar
matter or thing.
C. To keep, or suffer to remain upon or to fail to remove from the premises
owned or occupied or used by any person, firm or corporation any rubbish,
refuse, waste, trash, garbage, or any decaying or offensive or unwholesome
matter of any kind, or to permit the same to remain on any vacant
lot or property or in any stream or highway adjoining.
[Ord. 37, 3/20/1956; as added by Ord. 337, 6/21/2000, § II]
The proper Township officials are hereby authorized to give
notice by personal service, regular mail, certified mail, or posting
upon the premises, to the owner or occupant of any premises whereon
garbage, refuse, rubbish, waste, trash, litter or other decaying,
offensive or unwholesome matter or thing has been dumped, thrown,
maintained, kept, accumulated or not removed in violation of the provisions
of this Part, such notice to direct and require such owner occupant
to remove such garbage, refuse, rubbish, waste, trash or other decaying,
offensive or unwholesome matter or thing as described in said notice
of violation within five days after the date specified in said notice.
Each day of failure to comply with said notice shall be a separate
violation.
[Ord. 37, 3/20/1956, § 2; as amended by Ord. 66,
8/9/1960, § 1; by Ord. 287, 6/12/1989, § II; and
by A.O.]
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. The failure to remove any garbage
or other above mentioned prejudicial thing shall constitute a separate
offense for each twenty-four-hour period subsequent to the initial
placement or deposit of such garbage or other above mentioned prejudicial
thing.
[Ord. 37, 3/20/1956, § 3; as amended by Ord. 337,
6/21/2000, § III; and by A.O.]
1. Should any such owner or occupier of property fail to remove the
materials, matter or items specified in the notice of violation within
five days of the date specified in said notice for removal, then,
in addition to any other remedy the Township may have, the Township
may cause the same to be removed and disposed of and shall collect
all costs in connection therewith from the owner or occupier of such
property together with a penalty of 10% of such costs, which collection
shall be made in the manner provided by law for the collection of
municipal claims or by an action in assumpsit.
2. Upon the failure of such owner or occupier of the property to pay
the cost of removal and disposal by the Township as set forth above,
together with the aforesaid penalties, the Township Secretary and
Solicitor are hereby authorized and directed to prepare and file municipal
claims therefore in the same manner as any other municipal claims
are prepared and filed of record, and they are hereby authorized to
proceed with the enforcement of the collection of such municipal claim
or claims against the real estate affected thereby.
3. An administrative charge in an amount as established, from time to time, by resolution of the Board of Supervisors, shall be imposed for the preparation and delivery of written notices issued pursuant to §
10-102 of this Part; provided, that such charge shall not apply to the first notice sent with respect to a particular piece of property. Such charge may be collected in the manner provided by law for the collection of municipal claims or by civil action filed by the Township against the owner or occupier of the property to whom the notice is sent.