[Amended 12-3-2003 by Ord. No. 497; 9-6-2006 by Ord. No. 521]
As used in this chapter, the following terms shall have the
meanings indicated:
NUISANCE
Any use of property within the Borough, or any condition
upon property within the Borough that, other than infrequently, causes,
tends to cause or results in annoyance or discomfort to persons beyond
the boundaries of that property, interference with the health and/or
safety of persons beyond the boundaries of that property or of persons
who might reasonably be expected to enter upon or be in that property,
substantial diminution in the value of other property in the neighborhood
in which such premises are located, and/or disturbance to or interference
with the peaceful use of the property of others within the Borough,
in any case taking into consideration the location of the use or condition
and the nature and condition of the surrounding neighborhood. Specifically,
the word "nuisance" shall include but shall not be limited to the
following:
A.
Loud playing of radios, television sets, jukeboxes, amplifiers
and other sound devices so as to be heard beyond the premises from
which the sound emanates;
B.
Keeping or harboring any dog or animal or fowl which, by creation
of odor or by frequent howling or barking or other noise, particularly
by barking after 10:00 p.m. or before 6:00 a.m., annoys or disturbs
the neighborhood or a number of persons;
C.
Maintaining or permitting the maintenance of any of the following
dangerous conditions, structures or premises:
(3)
Unfinished buildings, foundations or other structures.
(4)
Dangerous placement of materials or equipment.
(5)
Lakes, ponds or swimming pools not property safeguarded.
(6)
Stagnant water in pools in which mosquitoes, flies or insects
multiply.
D.
The commencement of construction work, the collection of trash
and/or recyclable items and the commencing of landscape work (including
but not limited to residential lawn mowing) shall not commence prior
to 6:00 a.m. on weekdays (Monday through Friday) and before 8:00 a.m.
on weekends (Saturdays and/or Sundays) and holidays (to be named by
Borough resolution).
E.
Carrying on construction work in such a manner that dirt is
carried by wind onto adjacent properties or that mud is tracked or
drained into streets adjacent to the project.
F.
Washing, tracking or otherwise depositing dirt, mud, soil, stone
or debris upon or onto the pavement of any street, without removing
the material before 5:00 p.m. of the day on which the material was
deposited.
G.
Using any property or operating any business or other activity
so as to permit or cause smoke, soot, cinders, fly ash, dust, mud,
dirt, acid, noxious or offensive fumes, gases or odors to be carried
off the premises, or to cause any water to become polluted by sewage,
industrial wastes, acid or other substance, or to cause a glare from
lights, or noise of such character as to cause annoyance to residents
or interference with the normal use of adjacent properties.
H.
Creation or maintenance of attractive nuisances, which is the
leaving of a dangerous instrumentality which by its character is dangerous
and attractive to children and in a place frequented by children.
I.
Maintaining or causing to be maintained upon any unenclosed
porch or the exterior of any premises, adjoining a public thoroughfare,
appliances or household furnishings, as defined in Sections 5-2002(2)
and 5-2002(5) of the Code of Ordinances of the Borough of Collegeville, but excluding furniture or appliances designed for exterior
use.
[Amended 3-4-1991 by Ord.
No. 391]
It shall be unlawful for any purpose to create a nuisance as defined in §
427-1 or to maintain said nuisance after receiving notice to remove or abate the nuisance, as provided in §
427-3.
Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the Borough shall, within 10 days after notice from Council to do so, remove or abate that nuisance. If that person fails, neglects or refuses to abate the nuisance within the time limit, Council shall have authority, in person or by its agents and/or employees, to remove or abate the nuisance, and, in so doing, shall have authority to enter upon the property of the person in default. Thereupon, Council shall collect the cost and expense of the abatement or removal from the person who created, continued, caused or maintained the nuisance and/or permitted it to exist, that person having failed, neglected or refused to remove or abate the nuisance, with an additional amount of 10%, in the manner provided for the collection of municipal claims, or by an action in assumpsit. Provided, the cost and expense may be in addition to any penalty imposed under §
427-4.
Any person who violates any provision of this chapter shall, for every such violation, upon conviction, be subject to the penalty prescribed in §
1-2.
This chapter shall not be construed to be the sole means for
abatement of nuisances within the Borough, and nothing shall preclude
any person from proceeding individually or with other injured persons
to effect the abatement of a private nuisance. Furthermore, in the
exercise of the powers conferred in this chapter, the Borough may
institute proceedings in equity.