[Ord. 348, 8/18/2003, § 1]
1. As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
CODE OFFICIAL/BUILDING INSPECTOR
The Code Official/Building Inspector of the Township, Township
Code Enforcement Officer, Township Zoning Officer, and/or Police Chief,
or other designee of the Board of Supervisors.
LESSEE
Owner for the purpose of this Part when the lessor holds
the lessee responsible for maintenance and repairs.
NUISANCE
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of the Township.
OWNER
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual or
partnership, association or corporation.
PERSON
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. 348, 8/18/2003, § 2]
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
or health hazard to residents of the Township. 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 Administrator/Building
Inspector shall be deemed to be a health hazard, potential health
hazard or nuisance.
[Ord. 348, 8/18/2003, § 3]
1. Storage of items as listed in §
10-302 hereof on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Township ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in §
10-302 must first apply for a permit for either temporary or permanent storage and pay a fee to the Township such as maybe provided from time to time by resolution of the Board of Supervisors. The nuisance(s) must be stored within a garage or other enclosed building or outside within a non-transparent fence at least five 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 five 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 Township Zoning Ordinance [Chapter
27] and as such must comply in all respects with the Township 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.
2. Nothing herein shall be construed to permit the storage of machinery, equipment or material nuisances contrary to the provisions of the Township Zoning Ordinance [Chapter
27].
[Ord. 348, 8/18/2003, § 4]
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 forth 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. 348, 8/18/2003, § 5]
If the owner of grounds on which machinery, equipment and/or
materials are stored does not comply with the notice to abate the
conditions, within the time limit prescribed, 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 Township,
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. 348, 8/18/2003, § 6; as amended 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 less than $300 nor more than
$1,000 plus costs including reasonable attorney's fees incurred
by the Township 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. 348, 8/18/2003, § 7]
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. 348, 8/18/2003, § 8]
When the provisions of this Part are in conflict with other
ordinances of the Township or any other applicable codes, the more
stringent code or ordinance shall apply.