[Ord. 205, 8/3/1964, § 1]
As used in this subpart:
Any act, occupation or structure which endangers life or
health, gives offense to the senses, violates the laws of decency
or obstructs reasonable and comfortable use of property, and which
affects all people coming within the extent of its range or operation.
Includes a firm, partnership or corporation.
The owner or occupier of such grounds upon which there is
a nuisance, dangerous structure, noxious or offensive manufacture,
art, trade or business.
[Ord. 205, 8/3/1964, § 2]
No person shall, within the limits of the Borough of New Oxford,
maintain a nuisance or dangerous structure on public or private grounds
within the Borough.
[Ord. 205, 8/3/1964, § 3]
No person shall carry on any manufacture, trade or business
within the Borough of New Oxford which shall be noxious or offensive
to the inhabitants therein.
[Ord. 205, 8/3/1964, § 4; as amended by Ord. 241,
11/6/1969, § 1; and by Ord. 384, 6/7/1999]
1.
The Mayor of the Borough of New Oxford may, upon complaint of any
inhabitant of the Borough or upon his own initiative, investigate
any activity, business or structure within the Borough to determine
whether it constitutes a nuisance, dangerous structure or a manufacture,
art, trade or business which is noxious or offensive to the inhabitants
of the Borough. After such reasonable investigation, as the Mayor
shall consider necessary, he shall determine whether or not such activity
or structure is prohibited under the terms of this subpart. If the
Mayor determines that the activity or structure does constitute a
violation of this subpart, the following shall apply:
A.
In the case of a structure which constitutes a nuisance or which
is a dangerous structure, the Mayor shall notify the person responsible
to remove the same within 30 days of such notice. Any person aggrieved
by the order to so remove shall have the right to appeal to the Borough
Council within the time of said notice. If the Borough Council shall
sustain the Mayor's determination, the person responsible shall
have 15 days from the date of the Borough Council action in which
to comply with the Mayor's order. In the case of a person not
complying with the Mayor's order, either within the time limit
thereof, if no appeal to the Borough Council is taken, or within 15
days after the determination of the Borough, in case there is an appeal,
the Borough may cause the nuisance or dangerous structure to be removed
and shall collect the costs thereof, together with a penalty of 10%
of such costs, from the person responsible in the manner provided
by law for the collection of municipal claims or by action in assumpsit.
B.
In the case of a nuisance, noxious or offensive manufacture, art,
trade or business, the Mayor shall notify the person responsible to
abate the nuisance or to cease carrying on of the noxious or offensive
manufacture, art, trade or business within 30 days of the notice.
Any person aggrieved by said order may appeal to the Borough Council
within the time limit of the order. If the Borough Council sustains
the determination of the Mayor, the person responsible shall have
a period of 15 days from the time of the Borough Council's determination
within which to comply with the order. Any person failing to comply
with the said order when the same becomes final shall be guilty of
a violation of this subpart and, upon conviction thereof shall, be
sentenced to pay a fine not to exceed $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day that a violation of this subpart continues
shall constitute a separate offense.
[Ord. 205, 8/3/1964, § 5]
The Borough may, in addition to its other rights or remedies
contained in this subpart, institute such actions in law or in equity
as the Borough Council may decide, to enforce the provisions of this
subpart.
