[Adopted 7-3-1986 by Ord.
No. 57-1986]
A.
LESSEE
NUISANCE
OWNER
PERSON
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner for the purpose of this article when the lessor holds
the lessee responsible for maintenance and repairs.
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 of Carroll, York County.
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual or
partnership, association, or corporation.
A natural person, firm, partnership, association, corporation,
or other legal entity.
B.
In this article, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 of Carroll,
York County. Specifically, the unsheltered storage or maintenance
of unused, stripped, damaged and generally unusable machinery or equipment,
or materials, shall be considered a nuisance and/or health hazard.
A.
Storage of such items as listed in § 263-11 hereof on personal 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. The nuisance(s) must be stored within a garage or other enclosed building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Code Enforcement Officer 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 article.
If noncompliance with the provisions of this article constitutes a
nuisance, or if any condition, structure, or improvement poses a threat
to the health, safety, or welfare of the public, he shall issue a
written notice to be served by registered or certified mail upon the
owner of said premises, or, if the owner's whereabouts or identity
be unknown, by posting the notice conspicuously upon the offending
premises.
B.
Said notice shall specify the condition 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 in the notice 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.
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 of Carroll,
York County, shall have the authority to take measures to correct
the conditions and collect the cost of such corrections, plus 10%
of all costs. The Township of Carroll, York County, 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.
A.
Any person aggrieved by the decision of the Code Enforcement Officer
may request and shall then be granted a hearing before the Board of
Supervisors; provided, he files with the Board of Supervisors within
10 days after notice of the Code Enforcement Officer's decision,
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor. The hearing shall commence not
later than 30 days after the date on which the petition was filed
unless postponed for sufficient cause.
B.
After such hearing, the Board of Supervisors shall sustain, modify
or overrule the action of the Code Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
This article shall become effective on July 8, 1986.