[Ord. 694-2005, 5/18/2005, § 201]
1. The purpose of Part 1B, "Nuisances/Unauthorized Activities," is to
regulate abandon buildings, prevent the storage, discharge, burial
of animal carcasses, human waste, or vegetable matter that will decay
or become offensive or render offensive any of the drains, streams
or sewers of the Township which causes such conditions to create a
hazard or danger to the health, safety and welfare of the Township
residents because:
A. Such conditions create a breeding ground and haven for rodents, rats,
vermin, mosquitoes, flies and other undesirable animals, reptiles
and insects.
B. Such conditions create an attractive nuisance for children, who are
not aware of the dangers involved.
2. The following actions and matters are hereby declared to be nuisances,
and no person, firm, or corporation owning or occupying any property
within the Township of East Pennsboro shall do, authorize, aid or
abet any of them, such restrictions being intended to promote the
general health, safety and comfort of all the citizens of East Pennsboro
Township:
A. No person shall place or cause to be placed, thrown, harbored or
maintained in or near the streets, alleys or highways of the Township
any liquid or solid vegetable matter that will decay or become offensive
or render offensive any of the drains, streams or sewers of the Township
or any other matter or thing that will cause danger or discomfort
to the inhabitants or to the traveling public of the Township.
B. No person, firm or corporation owning or occupying any property within
the Township of East Pennsboro shall allow garbage, trash, human excrement
or any other unwholesome or offensive matter to accumulate on any
premises in such a manner as to create offensive odors, to contaminate
any stream or watercourse or to provide a breeding place for disease
or vermin.
C. The carcass of any dead animal not killed for food shall be removed
and disposed of by burial or incineration or some other sanitary method
within 24 hours after death. If the carcass is buried it shall be
placed so that every part shall be covered by at least two feet of
earth and at a location not less than 1,000 feet from any waters of
the Commonwealth, and not subject to overflow by such waters. In all
cases of death from communicable disease the carcass shall be thoroughly
enveloped in unslaked lime.
D. No person shall maintain or permit to be maintained, any pond, privy
vault, cesspool, well cistern, rain barrel or other receptacle containing
water unless such receptacle is constructed or maintained in a manner
to prevent the breeding of mosquitoes.
E. No person, firm or corporation shall keep or allow to remain on any
premises any abandoned house, barn, shed or other structure unless
such structure shall be closed up and secured so as to prevent entry
by unauthorized person(s) or vermin, or to allow any such abandoned
structure to remain in a dilapidated or dangerous condition.
F. No person, firm or corporation may maintain any other condition,
structure or improvement that shall constitute a threat to the health,
safety or welfare of the residents of the Township of East Pennsboro.
G. No person or occupant of any premises shall maintain any well, spring,
cistern or other source of water supply used for drinking or household
purposes to which the public has or may have access and which is polluted
or which is so situated or constructed that it may become polluted
in any manner which may render such water supply injurious to the
health.
[Ord. 694-2005, 5/18/2005, § 202]
The Health Officer and/or his/her authorized representative
is hereby empowered to enter and inspect any premises upon which he/she
has reasonable grounds to believe a nuisance/unauthorized activities
exists. If violation of any of the provisions of this Part constitutes
a nuisance thereon or if any condition or structure thereon poses
a threat to the public health, safety or welfare, he/she shall issue
written notice to be served by registered or certified mail upon the
owner of such premises or, if the owner's whereabouts or identity
be unknown, by posting the notice conspicuously upon the offending
premises. Such notice shall specify the condition or structure complained
of and shall require the owner to commence to remove or otherwise
rectify the offending condition or structure within five days of notification
and thereafter to fully comply with the requirements of this notice
within 20 days.
[Ord. 694-2005, 5/18/2005, § 203]
If the owner of premises upon which a nuisance is found to exist
does not comply with the notice and abate the nuisance within the
time prescribed, the Township shall have authority to take measure
to correct the conditions and collect the costs thereof, together
with a penalty of 10%, in the manner provided by law for the collection
of municipal claims or by any other means, or may seek to abate the
nuisance by an action in equity.
[Ord. 694-2005, 5/18/2005, § 204; as amended by
Ord. 716-2006, 7/5/2006]
Any persons aggrieved by a decision of the Health Officer in
regard to any alleged nuisance may request and shall be granted a
hearing before the Board of Health. Such hearing shall be requested
by filing a petition, in writing, stating the grounds therefore within
five days after notice of the Health Officer's decision. The
hearing shall commence within 30 days of filing of the petition unless
postponed for good cause. After such hearing, the Board of Health
shall sustain, modify or overrule the action of the Health Officer.
[Ord. 694-2005, 5/18/2005, § 205; as amended by
Ord. 757-2009, 7/1/2009]
Any person failing to remove or abate any nuisance after due notice from the health officer pursuant to this Part 1B or within five days of the denial of any appeal to the Board of Commissioners pursuant to §
10-114 hereof shall, upon summary conviction hereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution. Every day after the first offense shall be deemed a separate offense.