[HISTORY: Adopted by the Board of Supervisors of the Township
of Metal 2-7-2002 by Ord. No. 2002-4. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 20.
This chapter shall be known as the "Nuisance Ordinance."
For the purposes of this chapter, the following terms, phrases
and words and their derivatives shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number,
and the word "shall" is always mandatory and not merely directory.
Any motorized vehicle, which is without a currently valid
license plate or plates and/or is in a rusted, wrecked, discharged,
dismantled, partly dismantled, inoperative or abandoned condition.
A condition, instrumentality, machine or other agency, which
is maintained on premises and which is dangerous to young children
because of their inability to appreciate peril and may reasonably
be expected to attract them to premises.
Any building, structure, mobile home, trailer or portion
thereof which threatens the life, health, safety or property of the
public or its occupants by reason of inadequate maintenance, dilapidation,
obsolescence, fire hazard, disasters, damage or abandonment. The conditions
which may cause a structure to be classified as a "dangerous building"
include, but are not limited to, the following:
The walking surface of any aisle, passageway, stairway or other
means of exit is so warped, worn, loose, torn or otherwise is unsafe
as not to provide a safe and adequate means of exit in case of fire
or panic.
Any portion, section or appurtenance of the building, structure,
mobile home or trailer has been damaged by fire, wind, flood or by
any other cause to such extent that it is likely to partially or completely
collapse, fail, detach, or dislodge.
The building, structure, mobile home, trailer, or any part thereof,
because of dilapidation, deterioration or decay; or faulty construction;
or the removal, instability or movement of any portion of ground necessary
for the purpose of such building; or the decay, deterioration or inadequacy
of its foundation; or any other cause is likely to partially or completely
collapse.
The building, structure, mobile home or trailer has been so
damaged by fire, wind, flood or other causes or has become so dilapidated
or deteriorated as to become an attractive nuisance to children or
a harbor of transients or vagrants.
The building, structure, mobile home or trailer used or intended
to be used for dwelling purposes is unsanitary, unfit for human habitation
or in such condition that it is likely to cause sickness or disease
because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air or sanitation facilities
or other cause.
The building, structure, mobile home or trailer creates a fire
hazard by virtue of its obsolescence, dilapidation condition, deterioration,
damage or other cause.
Any portion of the building, mobile home or trailer, including
the foundation, slab or grade, or structure remains on a site after
the demolition or destruction of the building, structure, mobile home
or trailer.
An accumulation of trash or rubbish, discarded items such
as furniture, automobiles, appliances, tree branches and brush, or
other items that are deteriorated or decayed.
Having a wall or walk, window or windows and a door used
as access to the dwelling.
Any condition or use of premises or of building exteriors
which is detrimental to the property of others or which causes or
tends to cause substantial diminution in the value of other property
in the neighborhood in which such premises are located. This includes,
but is not limited to, the keeping or depositing on or the scattering
over the premises of any of the following:
Junk, trash or debris.
Abandoned, discarded or unused objects or equipment such as
three or more motor vehicles, furniture, stoves, refrigerators, freezers,
cans or containers.
Maintaining or causing to be maintained, any dangerous structures,
including, but not limited to, abandoned, occupied or unoccupied buildings
or parts of buildings.
Noxious weeds or other uncultured vegetation not edible or planted
for some useful or ornamental purpose, more than 10 inches in height
when measured from the surface of the ground, provided that weed growth
on lawns occurring between mowings shall not constitute a nuisance.
Trees, shrubs, hedges or other vegetation overhanging sidewalks
or other pedestrian walkways at a height less than eight feet.
Trees, shrubs or other vegetation overhanging a road right-of-way
at a height of less than 16 feet, measured from the street surface
at the curb.
Garbage, garbage containers, trash stored in the front of a
building on a porch or front yard, except for 72 hours immediately
prior to the regularly scheduled collection of trash.
Maintaining more than three unregistered or uninspected motor
vehicle(s) or lot, adjoining lots or lots owned by the same individual
or entity, except for properly licensed new or used car dealers.
A person giving, leasing, occupying or having charge of any
premises within the Township.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
Any street, alley or thoroughfare on which one or more motor
vehicles travel during any twenty-four-hour period.
Nuisances, as defined herein, are hereby declared to be illegal.
A.
Abatement of nuisance by owners. The owner, owners, tenants, lessees
and/or occupants of any premises within the Township upon which a
nuisance is found to exist and also the owner, owners and/or lessees
of said personalty involved in such storage (all of whom are hereafter
referred to as "owners") shall jointly and severally abate said nuisance
by the prompt removal of said nuisance.
B.
Abatement of nuisance by township. Whenever said owner(s) shall fail
to abate said nuisance, the Township shall take such action as is
necessary to abate said nuisance without liability for damages to
the property. The actual costs of abating said nuisance, including
actual labor charges, equipment rental charges, postage and 25% of
the actual costs for administrative overhead, plus 50% of the total
actual costs, shall be collected from the owner of the premises by
a civil action or by the filing of a municipal claim or lien against
the said real property. In addition to the above, the Township may,
by an action in equity, compel the owner to comply with this chapter
or obtain such other relief as a court may order.
A.
Whenever a condition constituting a nuisance is permitted or maintained
upon premises situate in the Township, the Board of Supervisors or
designee shall cause written notice to be served upon the owner in
one of the following ways:
(1)
By personal delivery of the notice to the owner, tenant or lessee
of the premises.
(2)
By leaving the notice with an adult upon the premises.
(3)
By attaching a copy of the notice to the door at the entrance of
the premises in violation.
(4)
By mailing, by certified mail, a notice to the last known address
of owner.
B.
Such notice shall set forth in what respects such conditions constitute
a nuisance and whether removal is necessary and required by the Township
or whether the situation can be corrected by repairs, alterations
or by boarding or fencing or in some other manner confining and limiting
the nuisance.
C.
Such notice shall require the owner(s) to commence action, in accordance
with the terms thereof, within seven days of the date of the notice,
and thereafter to complete the work necessary to comply fully with
the terms of the notice as soon as is reasonable, but not later than
60 days from the date of said notice, provided that the owner(s) has
requested such an extension within the original term for compliance.
If removal of the nuisance is required, the owner of the premises
must provide proof, in a form acceptable to the Township, that removal
and disposal was done in accordance with local, state and federal
law.
[Amended 9-5-2002 by Ord.
No. 2002-6]
D.
The expense for said compliance shall be at the expense of the owner;
provided, however, that if a violation requires immediate correction,
such notice shall require the owner to immediately comply with the
terms thereof.
F.
Each day that a nuisance continues shall constitute a separate violation
of this chapter.
In accordance with the Municipal Code and Ordinance Compliance
Act, P.L. 724, No. 99, 68 P.S. § 1083(c), any purchaser
of any lot or parcel of land known to have one or more substantial
violations of this chapter is required to make a reasonable attempt
to abate the nuisance within one year of the date of purchase. Failure
to comply with the requirements of this section shall result in the
purchaser being personally liable for the cost of maintenance and
a fine of not less than $1,000 and not more than $10,000, which shall
be remitted to the Township.
In addition to the remedies provided in § 14-6 above, any continued violations of this chapter which shall constitute a nuisance in fact or which shall, in the opinion of the Board, create a nuisance, may be abated by proceeding against the violator in a court of equity for relief.
It is declared that the enactment of this chapter is necessary
for the protection, benefit and preservation of the health, safety
and welfare of inhabitants of Metal Township, Franklin County, Pennsylvania.
