[Ord. 571, 10/12/2009, § 1]
The Edinboro Building Code Department shall administer and enforce
the provisions of this Part. The Part will be known as the "Borough
of Edinboro Property Nuisance Ordinance."
[Ord. 571, 10/12/2009, § 2]
For the purpose of this Part, the following definitions shall
apply:
An accumulation of items other than garbage, trash, refuse,
rubbish or recyclables in such a manner that it would be deemed a
nuisance by reasonable living standards. Examples of this would include,
but not be limited to, construction materials not associated with
a current construction project of steady, significant progress; automobile
parts, appliances, bicycles, etc.
A method of disposal for household foodstuffs, wastes, leaves,
grass/yard clippings, etc., through biological conversion or breakdown
for alternate use.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Vegetation planted in yard spaces and parcels for ornamental
purposes.
A motor vehicle or trailer which lacks current registration
or licensing and/or inspection. A vehicle which has a current registration
or license and/or inspection but which is in a condition of major
disrepair or disassembly. A vehicle which, due to its condition is
not permitted on public streets.
An activity or action that interferes with the reasonable
use and enjoyment of neighboring and affected adjoining properties.
A type of furniture designed and manufactured in a manner
suitable for outdoor use. This definition does not include indoor
furniture designed and manufactured for inside use only.
Equipment used for recreational purposes, which is transported
by attachment to a licensed motorized vehicle or transported on a
trailer that is attached to such vehicle. The equipment can include,
but not limited to, boats, personal watercraft, rowboats, canoes,
kayaks, campers (fixed and popup) snowmobiles, all terrain vehicles
and trailers utilized to transport.
A self-propelled, motorized vehicle generally used for camping
purposes. It is designed and licensed to be driven on streets and
highways. The vehicle may contain housing amenities utilized separate
from the principal residence including eating, cooking, sleeping and
sanitation facilities.
The proper collection and storage items and materials for
future reuse through industrial processes. This includes, but is not
limited to, plastics, newspapers, paper, glass, etc., which are disposed
of at regular intervals.
Combustible and non-combustible waste materials, except garbage.
The term shall include residue from the burning of wood, coal, coke,
and other combustible materials, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin cans,
metals, mineral matter, glass, crockery, dust, and other similar materials
and animal feces.
Any noxious vegetation planted or existing not for ornamental
purposes. This may include any species not considered grass.
[Ord. 571, 10/12/2009, § 3]
1.
The following activities are deemed a nuisance and, therefore, in
violation of this Part:
A.
The height of grass or weeds on private property that exceeds eight
inches. Any vegetation or flowers planted for ornamental or decorative
purposes are exempted.
B.
The storage of any non-operating motor vehicle on private property
unless permitted by an established zoning ordinance. Vehicles in a
state of disrepair or disassembly stored enclosed garage are exempted.
C.
The improper storage and placement of recreational equipment (as
defined) on private property. Proper storage shall comply with the
following yard requirements (storage shall not occur within these
yard areas).
(1)
Front yard: 30 feet.
(2)
Side yard: 10 feet.
(3)
Rear yard: six feet.
(4)
Street corner (corner lots).
(5)
Side yard: 30 feet.
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At no time shall recreational vehicles or equipment be stored
in yard areas along street frontages or on right of ways. Boats in
process of restoration or repair shall be kept only within enclosed
garages.
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D.
The placement or storage of larger commercial vehicles over one ton
or busses or semi-trucks and/or semi-trailers or dump trucks in a
residential zoned district.
E.
The exterior accumulation of garbage, rubbish, trash, junk items or recyclables on private property. This shall not include items properly set at curbside for pickup by trash haulers as described in the Solid Waste Ordinance [Chapter 20].
G.
The placement of indoor type furniture in yard areas and open porches.
H.
Dumping or placement of items such as leaves into open drainage ditches.
I.
An accumulation of clutter (as defined) in yard areas.
[Ord. 571, 10/12/2009, § 4]
1.
Upon investigation of complaint or observation and determination
by the Building Code Department or by a member of the Police Department
that a violation exists, a notice shall be served on the property
owner or tenant or responsible party. The violation notice may be
served in person or by posting of notice or by USPS certified mail,
first class mail, or via e-mail. The notice shall contain the following
information:
[Ord. 571, 10/12/2009, § 5; as amended by Ord.
585, 9/12/2011]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not more than $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 Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
[Ord. 571, 10/12/2009, § 6]
The Borough of Edinboro may, at its discretion, abate any nuisance
if not corrected by the responsible party. The Borough shall also
demand payment for costs incurred in the abatement of such nuisance.
Failure to reimburse the Borough of Edinboro for such costs will result
in an additional civil action.
