[Ord. 308, 7/11/2016]
The establishment, maintenance or conduct of any junkyard, the
parking of or the storage of abandoned or junked vehicles or junk,
either on public or private property, except pursuant to a valid zoning
permit, is hereby declared to be a public nuisance. The deposit or
storage of two or more motor vehicles not having valid registration,
excluding farm vehicles, or of two or more wrecked or broken vehicles,
or the major parts of two or more such vehicles, shall be deemed to
make the lot a junkyard. (This does not include activities related
to service stations and automotive repair uses under the Dublin Borough
Zoning Ordinance.)
[Ord. 308, 7/11/2016]
The establishment, maintenance or conduct of collection of "goodwill"
salvage items by the use or parking of collection containers without
a Borough permit and without the written consent of the owner of the
property where located is hereby declared to be a public nuisance.
[Ord. 308, 7/11/2016]
No person or persons, firm or corporation (hereinafter "person") shall directly or indirectly permit the violation(s) of §§
10-102,
10-103 and
10-104 above on any property owned by such "person," or any property occupied or controlled by such person, whether or not such property is public or private. Upon receipt of a notice from the Borough Council of the Borough of Dublin that such a condition exists upon a property so owned or occupied by him, it shall be his or her duty to abate the nuisance created thereby to the satisfaction of the Borough Council within 30 days from the date of the notice.
[Ord. 308, 7/11/2016]
Any person or persons, firm or corporation violating any of
the provisions of this Part who fails to comply with the requirements
of a written notice advising of such violation within 30 days of receipt
of such notice shall be subject to summary proceedings before a District
Justice and, upon conviction in such summary proceedings, be liable
for a fine or penalty not to exceed $1,000, together with the costs
of prosecution, and attorneys' fees, or imprisonment for a period
not to exceed 30 days for failure to pay such fine, costs, and attorneys'
fees, for each and every offense. Each day that such violation is
continued after notice shall constitute a new and separate offense,
punishable by like fine, penalty or imprisonment, and further notices
to the offender shall not be necessary in order to constitute such
continuance as an additional offense or offenses.
[Ord. 308, 7/11/2016]
If a final decision of a court of competent jurisdiction holds
any provision of this Part, or the application of any provision to
any circumstances, to be illegal or unconstitutional, the other provisions
of this Part, or the application of such provision to other circumstances,
shall remain in full force and effect. The intent is that the provisions
of this Part shall be severable and that this Part would have been
adopted if any such illegal or unconstitutional provisions had not
been included.
[Ord. 308, 7/11/2016]
It is the intent of Borough Council to exercise its power in
a constitutional manner and to the extent provided for by law. To
this purpose, all persons are hereby notified that persons aggrieved
by this Part may appeal within 30 days of the enactment hereof, pursuant
to the Borough laws, the validity or constitutionality thereof.
[Ord. 308, 7/11/2016]
All other ordinances are deemed to continue in effect unless
there is a conflict, in which case, the more-stringent provision shall
control.
[Ord. 199, 6/4/1990, § 1]
BUSINESS
Any person or persons, corporation or partnerships or other
entity engaged in commerce, either within or without Dublin Borough.
DANGEROUS SUBSTANCE OR SUBSTANCES
Any gas, liquid or solid which, when released onto the public
streets, highways and other thoroughfares, or into any drainage, sewer
or watercourse, or onto any land, public or private, which is part
of the ground water aquifer, poses a potential danger to the public
health and welfare or constitutes a nuisance. Without limiting the
generality of this definition, all materials regulated under any environmental
or general welfare statute, rule or regulation are included within
this definition, as well as biological or agricultural materials,
including wild or domestic animals or livestock, which generate a
Borough or management agency response.
FINANCIALLY NON-RESPONSIVE
Inability to pay for lack of sufficient financial resources,
insolvency, bankruptcy, and/or lack of insurance.
INDUSTRIAL ACCIDENT
An industrial accident is any incident that occurs from the
storage, transportation, use and/or manufacturing of any substance
potentially dangerous to the public health and welfare or constitutes
a nuisance that necessitates, either on private or public property,
or in any watercourse or ground water.
A.
The intervention of the Dublin Borough Police Department or
any of the emergency agencies or services which may service Dublin
Borough, including, but not limited to, the fire company or rescue
squad operating in Dublin Borough or the Dublin Borough Emergency
Management Organization or emergency response agencies engaged by
Dublin Borough; and/or in the alternative.
B.
The need for clean up and/or, in the alternative, abatement
measures to be performed by Borough agents, consultants, employees
or anything else resulting in expense to the Borough.
[Ord. 199, 6/4/1990, § 2]
1. The business on whose premises an industrial accident occurs shall
bear all costs that occur to Dublin Borough as a direct or consequential
result of such industrial accident. In the event the owner of said
business appears to be financially nonresponsible to the imposition
of such costs, then the record owner of the land and/or, alternatively,
the person or entity which placed the substance into the stream of
commerce shall bear the costs, if such person or entity can be identified
and is financially responsible. Signs permits, deeds and other documents
publicly displayed, or which are of record, shall be prima facie evidence
of persons or entities responsible for costs.
2. In the event an industrial accident occurs during transportation,
the operator and the owner of the powered vehicle transporting (or
towing a non-powered vehicle containing such a substance) the substance
potentially dangerous to the public health and welfare shall bear
jointly and severally the costs which are incurred by the Borough
as a consequence of the accident. If the operator and the owner of
the powered vehicle appear to be financially non-responsible to the
imposition of such costs, the owner of the substance, or the person
or entity which placed the substance into the stream of commerce,
shall bear the said costs. Registration plates, operator licenses,
manifests, bills of lading, permits, fuel stickers, signs, product
or container labels or documents and other identification indicia
shall be prima facie evidence of persons or entities responsible for
costs.
3. In the event that any person undertakes, either voluntarily or upon
order of the Dublin Borough Emergency Management Organization or other
Borough official, to clean up or abate the effects of an industrial
accident, the Dublin Borough Emergency Management Organization may
take such action as is necessary to supervise or verify the adequacy
of the clean-up or abatement. The business or entity described shall
be liable to the Borough for all costs incurred as a result of such
supervision or verification, plus 10% as provided by 53 P.S. § 46202(5).
4. For the purpose of this section, costs of an industrial accident
shall include, but are not limited to, the following: expenses incurred
by police, fire and/or emergency medical services; actual labor costs
of Dublin Borough personnel, including benefits and administrative
overhead; costs of consultants or others investigating, advising and
preparing reports concerning the industrial accident; costs of equipment
operations; costs of materials obtained directly by the Borough; costs
of any contractual labor and materials for cleanup abatement; and
all costs of the Borough Solicitor, Borough Engineer and Borough Hydrogeologist
connected with the industrial accident.
5. The costs of such industrial accident, as set forth in Subsection
4 above, shall be compiled by the Borough Manager or his/her designee and assessed by Borough Council, either under the Borough Code or the environmental laws.
6. Such costs for all emergency services rendered shall be paid directly
to the Borough within 30 days from proceeding against any other person
or entity for recovery of all of, or a portion of, said costs.
[Ord. 199, 6/4/1990, § 3]
Whenever the requirements of this Part are in conflict with
other requirements of the ordinances of Dublin Borough, the most restrictive,
or those imposing the higher standards, shall govern.
[Ord. 199, 6/4/1990, § 4; as amended by Ord. 256,
5/24/2004]
Any person or entity which seeks to contest all or part of the
assessed costs herein shall, within 30 days of receipt of said invoice,
request a Local Agency Law, 2 Pa.C.S.A. § 501 et seq., hearing
stating, in particular, the issues to be adjudicated by Borough Council.
In either case, if no Local Agency Law hearing is requested and the
person or entity charged fails to pay the costs within 30 days after
an adverse adjudication, so that the costs are not paid to the Borough,
then, and in such case, the person or entity against whom the costs
have been so assessed or so adjudicated shall, in addition, 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
shall constitute a separate offense.