It shall be unlawful for any person to create or maintain any
condition upon his property which could directly or indirectly cause
a nuisance or health hazard to residents of the Borough of Sharpsburg.
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 if any of the
following conditions exist:
1. Broken glass or metal parts with sharp or protruding edges.
2. Openings or areas which are conducive to the harboring and growth
of vermin.
3. Storage in any manner which would allow the equipment, machinery,
material or any parts thereof to easily shift, tilt or fall from its
original storage position.
4. Contains any liquid or material of a hazardous or potentially hazardous
nature, including, but not limited to, gasoline, oil, battery acids,
refrigeration agents and poisons.
5. Any other condition which, in the opinion of the inspecting official,
shall be deemed to be a health hazard, potential health hazard or
nuisance.
Storage of such items as listed in §
10-602 hereof on personal property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Borough ordinances or in state or federal laws. Each person, owner or lessee desiring to store items described in §
10-602 must first apply for a permit for either temporary or permanent storage and pay a fee to the Borough such as may be provided from time to time by resolution of the Council of the Borough of Sharpsburg. The nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence at least six feet high which is locked at all times when unattended. With the special approval of the Council of the Borough of Sharpsburg, nuisances may also be stored outside in an area enclosed by a chain-link fence at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition the machinery, equipment or materials shall be kept free of vermin infestation while being stored; and all gas, oil or other potentially hazardous substances shall be removed. Nothing herein shall be construed to permit the storage of machinery, equipment or material nuisances contrary to the provisions of the Zoning Ordinance (Chapter
27).
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 Borough of Sharpsburg
shall have the authority to take measures to correct the conditions
and collect the cost of such corrections plus 10% of all costs. The
Borough of Sharpsburg, 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.
[Amended 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision
of this part shall, upon conviction thereof, be sentenced to pay 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.
The remedies provided herein for the enforcement of this part
or any remedy provided by law shall not be deemed mutually exclusive,
rather they may be employed simultaneously or consecutively, at the
option of the Council.