[Ord. 2006-71, 3/9/2006]
For the purpose of this Part, the following terms, phrases,
words, or their derivations 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.
Any vehicle in a nonserviceable condition or without having
both a current inspection sticker and a current registration plate.
The Board of Supervisors of the Township of Swatara, Lebanon
County, Pennsylvania.
The unreasonable, unwarrantable, unsightly, or unlawful use
of public or private property which causes injury, damage, hurt, inconvenience,
annoyance, or discomfort to any person or resident in the legitimate
enjoyment of their reasonable rights of person or property.
A person owning, leasing, occupying, or having charge of
any premises within the Township.
A natural person, firm, partnership, association, corporation,
company, club, copartnership, society, or organization of any kind.
The Township of Swatara, Lebanon County, Pennsylvania.
[Ord. 2006-71, 3/9/2006]
1.
Nuisances, as described below, are hereby declared to be illegal
in Swatara Township and abatable and punishable as such:
A.
Storing or accumulating junk material, including but not limited
to unused or abandoned machinery, equipment, or appliances, scrap
metal, glass, industrial waste, used scrap building materials, or
other salvageable materials, unless for resale, which can be seen
from any public highway, road, street, or alley which is maintained
by the Township or by the Commonwealth of Pennsylvania.
B.
Storing or accumulating abandoned or junked motor vehicles on property
that can be seen from any public highway, road, street, or alley which
is maintained by the Township or by the Commonwealth of Pennsylvania,
which vehicles must be moved to wholly enclosed storage within 60
days or, if at a vehicle repair business, 90 days.
C.
Maintaining or causing to be maintained any dangerous structure,
including but not limited to any abandoned or unoccupied buildings
or parts of buildings in a state of dilapidation or disrepair.
D.
Allowing or permitting any excavation, material excavated, or obstruction
on any public highway, road, street, alley and/or any public or Township
right-of-way to remain open or exposed without the same being secured
by a barricade, temporary fence, or other protective materials.
E.
Allowing or permitting any excavation material, including but not
limited to mud, soil or earth, and/or manure or animal waste to be
deposited on any public highway, road, street, alley, public or Township
right-of-way, and/or any public ground in the Township.
F.
Destroying, injuring, tampering with, or defacing any public highway,
road, street, alley, public or Township right-of-way, sidewalk, culvert,
streetlight, ornamental work, building, facility, and/or any public
ground in the Township without prior Township authorization or permit.
G.
Removing any earth, stone or other material from any public highway,
road, street, alley, public or Township right-of-way, and/or any public
ground in the Township without prior Township authorization or permit.
H.
Collecting, allowing, permitting, or maintaining garbage, rubbish,
trash, refuse, junk, and other materials, metals, plumbing fixtures,
appliances, auto parts, lumber or other litter and furniture, stuffed
furniture, clothing, or other household items which create an unsightly
appearance, which can be seen from any public highway, road, street,
alley which is maintained by the Township or by the Commonwealth of
Pennsylvania.
I.
Allowing, permitting, or maintaining any grass or weeds or any vegetation
whatsoever, not edible or planted for some ornamental purpose, to
grow or remain upon such premises so as to exceed the height of six
inches or to throw off any unpleasant or noxious odor or to conceal
any filthy deposit or to create or produce pollen. Excluded from application
of this provision are wooded areas and open fields, meadows or acreage
to within 100 feet of any principal building or structure.
[Ord. 2006-71, 3/9/2006]
1.
Whenever a condition constituting a nuisance occurs, the Board of
Supervisors shall cause written notice to be served upon the owner
in one of the following manners:
A.
By making personal delivery of the notice to the owners.
B.
By handing a copy of the notice at the residence of the owner to
an adult member of the family with which the owner resides, but if
no adult member of the family is found, then to an adult person in
charge of such residence.
C.
By affixing a copy of the notice to the door at the entrance of the
premises in violation.
D.
By mailing a copy of the notice to the last known address of the
owner by certified mail.
E.
By publishing a notice in a local newspaper of general circulation
within Lebanon County, Pennsylvania, once a week for three successive
weeks.
2.
Such notice shall set forth in detail the condition that constitutes
a nuisance, whether removal is required by the Township or whether
the nuisance can be corrected by repairs, alterations, fencing, or
in some way confining and limiting the nuisance.
3.
Such notice shall require the owner to commence action in accordance
with the terms of the notice within 20 days of receipt of the notice
and thereafter to comply fully with its terms within 30 days, with
all materials to be supplied and work to be done at the owner's
expense; provided, however, that if any provision of this Part is
violated and if the circumstances require immediate corrective measures,
such notice shall require the owner to immediately comply with the
terms of the notice.
[Ord. 2006-71, 3/9/2006]
1.
The Board of Supervisors determines this Part to be a building, housing,
property maintenance, health, fire, and public safety ordinance.
A.
Any person who violates any provision of this Part shall be subject
to civil enforcement and a fine not to exceed $600 per violation and/or
criminal enforcement, as a summary offense, with a criminal fine not
to exceed $1,000 per violation and imprisonment not to exceed 30 days.
Each day that a violation of this Part continues to exist shall constitute
a separate offense. Such civil enforcement, criminal enforcement,
and fines shall be in accordance with provisions of 53 P.S. § 66601,
as amended.
B.
The Board of Supervisors may direct the removal, repair, or alterations
to any such nuisance or dangerous structure by the owner or occupier
of the premises, and in default of which the Board of Supervisors
may cause the same to be done and collect the cost thereof, together
with a penalty of 10% of such cost and attorney's fees of 5%
of the claim, and may pursue collection in the manner of municipal
claims, or by an action of assumpsit, or by an action in equity, to
compel the owner or occupier of the premises to comply with the terms
of any notice of violation, or seek any such other relief as a court
of competent jurisdiction is empowered to afford.
[Ord. 2006-71, 3/9/2006]
1.
This Part shall be enforced by the Swatara Township Code Enforcement
Officer or by any other person designated, subsequent to the enactment
of this Part, by resolution adopted in public session by the Swatara
Township Board of Supervisors.
2.
This Township Code Enforcement Officer is authorized to perform all
duties necessary and appropriate to be performed in the view of Swatara
Township related to this Part, including but not necessarily limited
to making all necessary inspections, and enforcement of violations
and penalties.
