[HISTORY: Adopted by the Board of Supervisors of the Township
of Nottingham 11-5-2012 by Ord.
No. 102. Amendments noted where applicable.]
It is hereby declared that the purpose and intent of this chapter
is to promote the general health, welfare and safety of residents
and their property located in Nottingham Township, Washington County,
Pennsylvania by requiring the maintenance of premises and property
within the Township; by requiring the elimination of nuisances prohibited
by this chapter by the owner or occupant of the premises and/or property,
or by the Township, at the expense of such owner or occupant in violation
of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Property over which the owner has given up dominion and control
with no intention of recovery of it for a period of 30 days or more.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison, spraying, fumigating,
trapping or by any approved pest elimination methods.
Discarded building materials, junk, rubbish, and vegetable
waste which results from the handling, preparation, cooking and consumption
of food.
The presence within or continuous to a structure or premises
of insects, rats, vermin or other pests.
Any person living or sleeping in the building or having possession
of a space within a building.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property or recorded in the Washington
County Recorder of Deeds as holding title to the property or otherwise
having control of the property, including the estate of any such person
and the executor or administrator of the estate of such person if
ordered to take possession of real property by a court.
Any natural person, corporation, partnership, sole proprietorship,
business or any combination thereof.
A lot, plot or parcel of land, including any structures thereon.
A person, corporation, partnership or group whether or not
the legal owner of record occupying a building or portion thereon
as a unit.
The Township of Nottingham having its principal address at
909 Sugar Run Road, Washington County, Eighty Four, PA 15330.
Any building or part thereof or man-made structure which
remains unoccupied for a period of more than 30 days, to include any
building or part thereof with either doors, windows, or other openings
broken, removed, boarded or sealed up, or any building under construction
upon which little or no construction work has been performed for a
period of more than 30 days, or a building recently constructed where
an occupancy permit has been issued but remains unoccupied for a period
of 30 days.
All grasses, annual plants and vegetation other than trees
or shrubs; provided, however, the term shall not include cultivated
flowers and gardens.
An open space on the same lot with the structure.
The following are declared public nuisances by this chapter
and are prohibited:
A.
The physical condition or occupancy of any premises regarded as a
public nuisance at common law;
B.
Any physical condition or occupancy of any premises or its appurtenances
that are considered an attractive hazardous nuisance to children,
including but not limited to abandoned wells, shafts, basements, excavations
and unsafe fences or structures;
C.
Any premises that is an unsanitary sewage or plumbing facility;
D.
Any premises designated by the Township Zoning Officer or competent
authority as unsafe for human habitation;
E.
Any premises that is manifestly capable of being a fire hazard or
is manifestly unsafe or unsecure as to endanger life, limb or property;
F.
Any premises from which the plumbing, heating or facilities required
by Township ordinances or building codes have been removed or from
which utilities have been disconnected, destroyed, removed or rendered
ineffective or the required precautions against trespassers have not
been provided;
G.
Any premises that is unsanitary or that is littered with rubbish
or garbage or that has an uncontrolled growth of grass and weeds;
H.
Any structure or property that is in an unsafe state of debilitation,
deterioration or decay, of faulty construction, overcrowded, open,
vacant or abandoned, unoccupied, damaged by fire to the extent so
as not to provide shelter, in danger of collapse or failure, and dangerous
to anyone on or near the premises;
I.
Noise which is determined by the Zoning Officer to be objectionable
because of the volume or frequency of the noise that occurs shall
be muffled or otherwise controlled, except for fire sirens and related
apparatus that is used solely for public safety purposes. Additionally,
noise that occurs or is generated on a regular, frequent, and/or continual
basis that is in excess of 80 dBa as measured on a decibel or sound
level meter of standard quality and design operated on the A-weighing
scale at any property line (and/or beyond any such property line,
of the property on which the noise source is located) shall not be
permitted;
J.
Willful drainage or removal of water or snow/ice-melt directly onto
adjacent property or a public roadway;
K.
Accumulation of domestic animal waste to include feces;
L.
Willful concentration of snow or leaves for collection and removal
on other than owner's property.
A.
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The occupant shall keep that
part of the exterior property which occupant occupies or controls
in a clean and sanitary condition.
B.
Grading and drainage. All premises shall be graded and maintained to manage water and erosion in accordance with Chapter 340, Stormwater Management.
C.
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of
repair and maintained in a safe condition free from hazardous conditions.
D.
Vegetation. All premises and exterior property shall be maintained
free from grass and weeds in excess of eight inches in height. Excluded
from application of this provision are wooded areas, open fields,
farmland, gardens or utility easements.
E.
Rat harborage. All structures and exterior property shall be kept
free from rat infestation. Where rats are found, they shall be promptly
exterminated by approved processes which will not be injurious to
human health. After extermination, proper precaution shall be taken
to prevent reinfestation.
F.
Exhaust vents, pipe, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke odors or other gaseous or particulate waste directly upon abutting or adjacent public or private property or that of another tenant. Discharge from such facilities that comply with setback requirements in Chapter 425, Zoning, shall not be prohibited by this chapter.
G.
Accessory structures. All accessory structures, including storage
sheds, detached garages, fence and walls shall be maintained structurally
sound and in good repair so as not to pose a health or safety hazard.
H.
Accumulation of rubbish or garbage prohibited. All exterior property
and premises of any structure shall be free from any accumulation
of any rubbish or garbage.
I.
Rubbish storage facilities. The owner, tenant or occupant of every
occupied premises shall use approved containers for rubbish and the
owner of the premises shall be responsible for the removal of rubbish.
J.
Disposal of garbage. Every occupant of a structure shall dispose
of garbage in a clean and sanitary manner by placing such garbage
in an approved garbage disposal facility or garbage containers acceptable
for pickup by an approved waste garbage collector.
The Nottingham Township Zoning Officer, or other official designated
from time to time by resolution of the Board of Supervisors, is hereby
empowered to inspect private property to determine if there is compliance
with the provisions of this chapter. If said Officer determines that
any condition constitutes a nuisance within the meaning of this chapter,
and that there is noncompliance with the provisions of this chapter,
he/she shall:
A.
Issue a written notice to the person, owner or lessee by certified
mail, return receipt requested or by first class mail, postage prepaid;
or
B.
If the person, owner or lessee's address, whereabouts and/or identity
is unknown, written notice will be sent to the name and address as
listed on the current tax assessment records, and, if written notice
by mail is not successful, by posting the notice of noncompliance
conspicuously upon the offending nuisance(s) or enclosure thereof;
and
C.
Such notice of noncompliance shall specify the reasons for noncompliance,
and shall require the person, owner or lessee to correct such condition
forthwith or within 15 days of mailing or posting of said notice of
noncompliance, and thereafter to fully comply with the provisions
of this chapter.
If the person, owner or lessee of the premises on which the
condition determined to be a nuisance is found to be in noncompliance
with the provisions of this chapter fails or refuses to comply with
the provisions of this chapter within the time limit prescribed, upon
approval of the Board of Supervisors, the Zoning Officer shall have
the authority to take necessary measures to abate the condition constituting
the nuisance by removal of such nuisance, to include entering on the
grounds where the nuisance is located. The Board of Supervisors may
assess any cost of correction of such nuisance, to include removal,
on the offending person, owner or lessee. In addition, upon approval
of the Board of Supervisors, the Zoning Officer is authorized to file
a complaint to remedy the noncompliance with the Magisterial District
Judge who has jurisdiction over such matters for violation(s) of this
chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
The remedies provided herein for the enforcement of this chapter,
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 Nottingham Township Board of Supervisors.
If any sentence(s), clause(s), section(s) or part(s) of this
chapter is for any reason found to be unconstitutional, illegal or
invalid, such unconstitutionality, illegality or invalidity shall
not affect or impair any of the remaining provisions, sentences, clauses,
sections or parts of this chapter. It is declared the intent of the
Nottingham Township Board of Supervisors that this chapter would have
been adopted had such unconstitutional, illegal or invalid sentences,
clauses, sections or parts thereof not be included herein.
