[Adopted 8-19-2003 by Ord. No. 2003-149]
This article shall be known and may be cited as "The Carroll
Township Nuisance Ordinance."
The following terms shall be construed in this article to have
the following meanings, except in those instances where the context
clearly indicates otherwise:
Any natural person or persons, partnership, association,
corporation, firm, factitious name or any other individual or business
entity or their agents.
Any condition or premises which is unsafe or unsanitary or
any condition that threatens the health, morals, safety, comfort,
convenience, or welfare of a community or enjoyment of property.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any public street, highway, road, alley, park, playground,
public building or vacant lot.
The following activities or conditions are hereby declared to
be nuisances when it is established that such activities or conditions
are contrary to the health and welfare of the people of Carroll Township:
A.
Accumulations of garbage, rubbish and/or trash (as those terms are
commonly defined and understood) on private or public property.
B.
Storage of abandoned or junked vehicle(s) on private or public property.
C.
The carrying on of any offensive manufacture or business.
D.
Maintaining or permitting the existence of any vegetative matter
on or near any public thoroughfare which hinders or obscures the view
of motorists of any road, thoroughfare, traffic device or sign.
E.
Maintaining or permitting the existence of any dangerous structure
on public or private grounds.
F.
Any other activity or condition conducted or existing on public or
private property which in law and in fact constitutes a public nuisance.
A.
It is hereby declared to be unlawful for any person owning, leasing,
occupying or having a present interest in any activities constituting
a nuisance, or permitting the existence of any condition constituting
a nuisance.
B.
Each one day continuance of a violation of the provisions of this
article shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be the duty of the Township Code Enforcement, or any
other party or parties designated by the Board of Supervisors of Carroll
Township, upon complaint of citizens and property owners or otherwise,
to investigate an alleged nuisance and if a nuisance exists, to notify
the person allegedly in violation of the following:
A.
The belief of the Township that a nuisance exists for which that
person is responsible;
B.
A description of the location and nature of the alleged nuisance;
C.
That the nuisance must be abated or removed by said person within
10 days of receipt of notice;
D.
Each one-day continuance of a violation of the provisions of this
article shall constitute a separate offense which will not require
the Township to provide additional or subsequent notification of said
violations;
E.
Failure to comply with the directions of the Township may result
in the abatement or removal of the nuisance by the Township or its
authorized representative and the cost of said removal or abatement
shall be assessed against the violator together with the additional
amount of 10% of such cost, to be collected by summary proceedings
or in the manner provided for the collection of municipal claims or
by an action of assumpsit without the filing of a complaint. The imposition
of such cost and additional amount may be in addition to any other
penalty provided for in this article.
[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.
In the exercise of the powers herein conferred, the Board of
Supervisors of Carroll Township may institute proceedings in courts
of equity.
