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.
ABANDONED MOTOR VEHICLES
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.
ATTRACTIVE NUISANCE
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.
DANGEROUS BUILDING
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
The building, structure, mobile home or trailer creates a fire
hazard by virtue of its obsolescence, dilapidation condition, deterioration,
damage or other cause.
G.
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.
DEBRIS
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.
ENCLOSED
Having a wall or walk, window or windows and a door used
as access to the dwelling.
NUISANCE
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:
B.
Abandoned, discarded or unused objects or equipment such as
three or more motor vehicles, furniture, stoves, refrigerators, freezers,
cans or containers.
C.
Maintaining or causing to be maintained, any dangerous structures,
including, but not limited to, abandoned, occupied or unoccupied buildings
or parts of buildings.
D.
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.
E.
Trees, shrubs, hedges or other vegetation overhanging sidewalks
or other pedestrian walkways at a height less than eight feet.
F.
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.
G.
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.
H.
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.
OWNER
A person giving, leasing, occupying or having charge of any
premises within the Township.
PERSON
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
REGULARLY TRAVELED STREET
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.
Any person, partnership or corporation violating any of the provisions of this article shall, upon conviction thereof shall be subject to the fines, costs and penalties provided in with Chapter
1, §
1-23B.
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.