[Ord. 308, 7/11/2016[1]]
1.
The following words and terms, when used in this Part, have the following
meanings, unless the context clearly indicates otherwise:
B.
BULK REFUSE ITEMS
COLLECTION CONTAINER
DUMPSTER
JUNK
JUNK CONTAINER
PARK, PARKING
STORAGE TRAILER
UNAUTHORIZED STORAGE OUTDOORS ON PRIVATE PROPERTY
USED FOR STORAGE
Borough Definitions:
Items such as appliances, furniture, mattresses, couches,
bedding and rugs, branches not reduced to firewood, machinery or vehicles,
automotive parts and equipment, such as batteries, hoods, truck caps
or tires, steel, tree stumps, building or demolition material, fences,
stones, earth, concrete, bricks or similar items not legally or conveniently
handled as municipal waste.
An oversized container designed for the collection of used
and discarded household goods, clothing and the like, intended not
for disposal as rubbish or junk but rather for salvage and reuse (commonly
called a "goodwill" container).
An oversized container for the collection of trash, rubbish,
refuse, garbage and other disposables, including construction waste,
which is intended to be lifted, emptied or transported by truck as
waste or municipal waste (commonly called a "dipsy-dumpster").
Used, salvaged, discarded, or scrap: metals, building materials,
rope, rags, batteries, tires, wastepaper, paper, trash, household
furnishings, rubbish, bulk refuse items, household rubber, debris,
waste, including wrecked, scrapped, ruined, dismantled or abandoned
vehicles or motor vehicles, which are reasonably regarded as valueless
except for junk, or parts thereof, machinery, or other material of
a similar description, which is reasonably regarded as having only
salvage value or scrap value, or no value at all. The burden is upon
the owner to prove that materials of the above description are not
junk.
Anything which is used or operated for storing, keeping,
buying or selling junk; for the maintenance or operation of a garbage
dump, sanitary landfill or scrap metal processor; or for the storage
of junked vehicles. Without limitation, a container located on land,
with or without wheels, whether or not a vehicle, a trailer or motor
vehicle, used for the storage of junk or the processing, salvage,
sale or other use or disposition of the same.
To leave stand a motor vehicle or vehicle, licensed and lawfully
operable for the public highway, for a temporary period. A parked
motor vehicle or vehicle is one which does not meet the criteria of
"abandoned vehicle," whether on private or public property.
A trailer used for storage rather than for transportation.
The accumulation, placement, storage, heaping up, or putting aside of any thing or things (which are not part of the real estate) outside of buildings, which storage is either not authorized by, or a permit is not issued under, the Dublin Borough Zoning Ordinance [Chapter 27].
The use of a container to accumulate, store, place, heap
up and/or put aside things.
[1]
Editor's Note: This ordinance also superseded former
Part 1, Nuisances, adopted 1/3/1994 by Ord. 217.
[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]
1.
The parking, establishment, maintenance or conduct of junk storage
in containers, including the unauthorized storage outdoors on private
property, or the parking or the use for storage of junk of storage
trailers, or vehicles or trailers, whether licensed for the road or
not, except pursuant to a valid zoning permit, or as allowed under
the Waste Management Ordinance No. 210, is hereby declared to be a
public nuisance.
2.
For the purposes of this Part, the parking of or usage for more than
30 days on private property of a motor vehicle or vehicle or trailer
or an abandoned vehicle as a container for storage, whether or not
it is equipped with wheels, or whether or not it is emptied from time
to time, without a valid zoning permit is deemed to be a junk storage
use, and the burden is upon the owner to prove otherwise.
[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]
1.
The following procedures, fees and charges are established to govern
the Dublin Borough impound program:
A.
Removal of junk, dumpsters or collection containers will be supervised
by the Dublin Borough Chief of Police. Seizure and removal of items
will be undertaken only upon the approval of the Chief of Police.
B.
Notice will be given to the owner or reputed owner of impoundment
at the last-known address or, if unknown, by posting the property
and advertisement in a newspaper of general circulation.
C.
The Borough Secretary will be responsible for maintaining necessary
records.
D.
To claim impounded items, the owner must provide proof of ownership,
pay all applicable fees/charges and sign a receipt.
E.
Fees and Charges:
(1)
Removal, storage and transportation charges as billed by the
company performing these services.
(2)
A storage fee of $10 per calendar day or portion thereof per
item or per lot in the case of impoundment of multiple items stored
on Borough property.
(3)
Payment must be made at the Borough Hall and be in cash, United
States postal money order or certified check made payable to the Borough
of Dublin.
F.
Thirty days after notice, unless the impounded items are claimed
and paid for, the Borough may make such disposition of the impounded
items as it sees fit and seek to collect costs from the responsible
person or persons. This provision does not apply to items which imperil
public health or safety or which would attract vermin, which items
may be disposed of immediately.
[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]
Any person or persons, corporation or partnerships or other
entity engaged in commerce, either within or without Dublin Borough.
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.
Inability to pay for lack of sufficient financial resources,
insolvency, bankruptcy, and/or lack of insurance.
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.
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.
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.
