[Ord. No. 09-09-03A, 9/9/2003, § 100]
1.
Title. These regulations shall be known as the "Public Nuisance Code
of the Township of Hemlock."
2.
Scope. This Part is to protect the public health, safety, and welfare
in all existing structures, residential, and nonresidential, and on
all existing premises as herein after provided by:
A.
Prohibiting the unreasonable, unwarranted, or unlawful use of private
or public property, which causes or may cause injury, damage, hurt,
inconvenience, or discomfort to others in the legitimate enjoyment
of their rights of person, or property.
B.
Fixing the responsibilities of owners, operators, and occupants of
all structures and premises.
C.
Providing for administration, enforcement, and penalties.
3.
Officer.
A.
It shall be the duty and responsibility of the Code Enforcement Official
and/or police officers to enforce the provisions of this Part as herein
provided.
B.
Notices and Orders. The Code Enforcement Official and/or police officers
shall issue all necessary notices and orders to abate illegal or unsafe
conditions, to insure compliance with the requirements of this Part
for the safety, health and general welfare of the public. Such notices
(once in a six-month period) shall be to the owner or person responsible
for such violations. In order to protect the public from an immediate
and significant threat to its safety, health and welfare, these notice
requirements shall be abrogated and the Code Officer and/or police
officer shall take such steps as permitted by law to abate such nuisances.
All notices required under this Part shall:
C.
Service. Such service shall be deemed to be properly served upon
such owner or person if:
(1)
A copy is delivered to him personally, or by leaving the notice
at the usual place of abode, in the presence of someone in the family
of a suitable age.
(2)
By certified or registered mail addressed to the owner or person,
at the last known address, with a return receipt requested.
(3)
By posting the said notice on the property in question.
[Ord. No. 09-09-03A, 9/9/2003, § 200]
For the purpose of this Part, the following terms, phrases,
words, and their clarifications shall have the meaning given herein.
When consistent 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 domestic animal or fowl, any wild animal or any household
pet.
Any structure incapable of being properly repaired.
Any animal as hereinafter defined as a household pet; a large
animal or a small animal.
A business involving the production of crops, trees, horticulture,
or livestock in accordance with normal agricultural standards.
The Board of Supervisors of Hemlock Township, Columbia County,
Pennsylvania.
Any dog, cat, or other domestic animal normally and ordinarily
kept in or permitted to be at large in a dwelling of its owner.
Any domestic animal of the bovine, equine sheep or hog family.
Any type of mechanical device propelled by a motor in which
persons or property may be transported upon public streets or highways,
and including trailers or semi-trailers pulled thereby.
The unreasonable, unwarranted, or unlawful use of public
or private property which causes injury damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights as a person or property.
Any person (including domestic service employees) living
and/or sleeping in a dwelling unit or having possession of a space
within a building, or dwelling.
As in disagreeable to the senses.
A person owning, leasing, occupying or having charge of any
premises and/or real property within the Township.
Any natural person, firm, partnership, association corporation,
company, or organization of any kind.
Placed inside an enclosed structure.
Any domestic animal such as a rabbit, hare, guinea pig, rat,
mouse, or chinchilla, and any domestic fowl such as a chicken, turkey,
goose, duck, or pigeon (excepting homing pigeons).
Hemlock Township, Columbia County, Pennsylvania.
Any animal, bird, fowl, or reptile not normally or ordinarily
domesticated; not normally raised in this area and climate as livestock
or for work or breeding purposes; or not capable of being kept as
a household pet.
[Ord. No. 09-09-03A, 9/9/2003, § 300]
1.
The following shall constitute illegal nuisances:
A.
Storing or accumulating the following:
(1)
Garbage or rubbish which constitutes a health hazard.
(2)
Junk material including, but not limited to, unused or abandoned
machinery, equipment, furniture, or appliances.
(3)
Other junk including, but not limited to, any and all forms
of waste and refuge of any type of material including scrap metal,
automotive parts, crating and used materials, glass, industrial waste,
and other salvageable materials.
B.
Storing or accumulating two or more junked motor vehicles, or two
or more motor vehicles which are unlicensed or inoperable, and which
are unsheltered. Said vehicles shall not at any time be in a state
of major disassembly, disrepair, or be in the process of being stripped
or dismantled. No junked or unlicensed or inoperable vehicles shall
be kept on a public street or within the setbacks of any property.
Farm equipment used for parts shall be exempt on farm operations,
provided that said equipment be stored in a secluded area at least
100 feet from the property lines. A vehicle of any type shall not
at any time undergo major overhauls, including body work, in a residential
district unless such work is performed inside a structure or similarly
enclosed area designed and approved for such purposes.
C.
Allowing drainage or flow, by pipe or other channel, whether natural
or artificial, any foul or other offensive water, or drainage from
sinks, bathtubs, wash stands, lavatories, water closets, privies or
cesspools of any kind or nature whatsoever, or any other foul or offensive
water or offensive drainage of any kind from property along any public
highway, road, street, avenue, land, or alley in the Township. Swimming
pools and water softeners are exempt.
D.
Allowing to drain or flow any water or drainage from within dwellings
situate upon property onto neighbor's property and/or any public highway,
road, street, neighbor, avenue, land or alley in the Township, into
or upon said highway, road, street, avenue, lands or alley. Surface
waters pumped from basements are exempt.
E.
Maintaining or causing to maintain any dangerous structure including,
but not limited to, abandoned or unoccupied buildings or parts of
a building, in a state of dilapidation or disrepair, in excess of
six months. Buildings where an ongoing fire investigation or unsettled
insurance claim exists are exempt.
F.
Refusing or failing to cut and destroy ragweed, chicory, thistle,
goldenrod, poison ivy, poison oak, sumac or other similar vegetation,
which has grown above the height of 12 inches, to permit any grass,
weeds, or any vegetation whatsoever, not edible or planted for some
useful or ornamental purpose, to grow above the height of six inches.
Pertains to lots of one acre or less in residential districts only
and only the portions of any tract of land in any other district that
is within 100 feet of a residential district or is used for residential
dwelling units. A fifty-foot-wide landscape buffer planted along a
stream bank is exempt from this section.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
G.
Permitting or allowing any well or cistern to be or remain uncovered.
Includes any manhole or any storm sewer culvert.
H.
Pushing, shoveling, or otherwise depositing snow upon the cartway
or traveled portion of any public highway, road, street, or alley,
which is maintained by the Township or by the Commonwealth of Pennsylvania,
and allowing same to remain thereon.
I.
Allowing or permitting any excavation, excess material, or any other
obstruction, on or adjoining any highway, street, or road, to remain
opened, or exposed without the same being secured by a barricade,
temporary fence or other protective material.
J.
Planting of trees or shrubbery, erecting fences or storage of personal
property, including motor vehicles at or adjacent to streets, road,
highways, alleys or driveways, so as to limit clear view at intersections
of any of the above.
K.
Raking, depositing or blowing grass clippings, organic matter, and/or
leaves onto any public highway, street, road or alley which is maintained
by the Township or by the Commonwealth of Pennsylvania.
[Added by Ord. No. 12-12-2017A, 12/12/2017]
L.
Dead tree branches over a right-of-way and stormwater runoff from
agricultural fields onto public roadways.
[Added by Ord. No. 12-12-2017A, 12/12/2017]
2.
An owner of a structure or property shall be responsible for the
extermination of insects, rats, vermin and other pests in all exterior
areas of the premises.
[Ord. No. 09-09-03A, 9/9/2003, § 400]
1.
No person shall keep, or permit to be kept, harbor, or otherwise
maintain any animal which shall disturb the quiet of any public street
or other public place or of any neighborhood; provided, however, that
a noisy animal shall be defined as one or more animals which makes
noise habitually, as to constitute annoyance to a person of ordinary
sensibilities.
2.
It shall be unlawful for any person to keep hogs, swine, or any wild animal in all residential districts within Hemlock Township, except where the same shall be permitted under the Zoning Ordinance [Chapter 27], in a park, zoological garden or similar establishment for public exhibitions.
3.
Large animals shall be confined in quarters, no part of which shall
be closer than 100 feet from the exterior limits of any dwelling or
of any property line.
4.
Small animals shall be kept confined in quarters no part of which
shall be closer than 10 feet from any property line.
5.
The keeper of every such domestic animal shall confine the same in
an enclosure sufficient to prevent such animals from running at large,
and such enclosure shall be of a size conducive to good sanitary practices
and adequate and sanitary drainage facilities shall be provided.
6.
Every keeper of a domestic animal shall cause the litter and droppings
therefrom to be collected daily in a container or receptacle that,
when closed, shall be rat-proof and fly-tight and after such collection
shall cause such containers or receptacles to be kept closed. At least
once a week, every keeper shall cause all litter and droppings collected
to be disposed of in such a manner as not to permit fly larvae.
[Amended by Ord. No. 12-12-2017A, 12/12/2017]
7.
Every keeper of a domestic animal shall cause all feed to be stored
and kept in a rat-proof and fly-tight building, box, container, or
receptacle.
8.
Household Pets. It shall be unlawful for any person to keep any household
pet, except as provided in this section:
A.
If any such pet shall be kept in a dwelling owned or occupied by
its owner, such owner shall be required to follow such procedures
and practices as to the number of pets to be kept there so as to insure
that no public nuisance shall be created or maintained and no threat
to the health of persons living in the dwelling or elsewhere shall
be created.
[Ord. No. 09-09-03A, 9/9/2003, § 500]
The Board of Supervisors of Hemlock Township recognizes and
encourages the continuity, development and viability of agricultural
operation within Hemlock Township, and incorporate Act 113 of 1982,
the Right to Farm Law, 3 P.S. § 951, in this Part. In the
event an agricultural operation is conducted in accordance with normal
agricultural operations, none of it shall be considered as a nuisance
under the terms of this Part, so long as the operation does not have
an adverse effect on the public health and safety.
[Added by Ord. No. 03-09-2021, 3/9/2021[1]]
Private waste haulers shall collect municipal waste and recyclables
from properties in all residential districts within the limits of
Hemlock Township only between the hours of 5:00 a.m. and 5:00 p.m.
on any given day.
[Ord. No. 09-09-03A, 9/9/2003, § 600; as amended
by Ord. No. 03-08-05, 3/8/2005, § 1]
1.
If the owner and/or occupant receiving due notice refuses to comply
with the terms herein:
A.
Enforcement of this Part shall be by an action brought before the
magisterial district judge in the same manner for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Persons violating this Part shall be subject to a fine of up to $1,000
and/or imprisonment of up to 90 days in jail. Each day in which a
violation continues shall constitute a separate offense.
B.
The Board of Supervisors of Hemlock Township may direct the removal,
repair or alterations, as the case may be, to be done by the Township,
and the cost thereof, with a penalty of 10%, including Township's
attorneys' fees, may be collected from the owner, occupant, person
of the premises by an action of assumpsit or may file a municipal
claim of lien against such real estate.
[Amended by Ord. No. 12-12-2017A, 12/12/2017]
C.
Hemlock Township, by means of a complaint in equity, may compel the
owner to do so or seek relief as such court of law is empowered to
afford.
[Ord. No. 01-06-03, 1/6/2003, § 1]
Any person, corporation, partnership, or other entity engaged
in the buying, selling, storing, transferring, transporting, manufacturing
or processing of properties, merchandise, chemicals, fuels, waste
products or any other goods or services for compensation.
Any incident which creates a dangerous condition requiring
immediate and emergency action in order to prevent injury to persons
or damage to property, and necessitates either or both of the following
responses:
The intervention of the Board of Supervisors of Hemlock Township
or the Fire Company or any of the emergency agencies or services which
may service Hemlock Township including, but not limited to, fire companies
or rescue squads operating in Hemlock Township.
The need for cleanup or abatement measures to be performed by
Township employees, or the need for any responsive action resulting
in expense to the Township.
Any incident that occurs from the storage, transportation,
use, manufacturing, processing or discharging of any substance potentially
dangerous to the public health and welfare at large which necessitates
either or both of the following responses:
The intervention of the Board of Supervisors of Hemlock Township
or the Fire Company or any of the emergency agencies or services which
may assist Hemlock Township including, but not limited to, fire companies
or rescue squads operating in Hemlock Township.
The need for cleanup or abatement measures to be performed by
Township employees, or the need for any responsive action resulting
in expense to the Township.
Bridges, state highways, county roads, town streets, any
navigable waterways or other roadways or watercourses owned by a governmental
unit, or a privately owned street, parking lot or access way to which
the public has access.
[Ord. No. 01-06-03, 1/6/2003, § 2]
1.
The business which owns or leases the premises on which a hazardous accident occurs shall be responsible for all costs that occur as a direct or consequential result of a hazardous accident. In the event a hazardous accident occurs during transportation on a public thoroughfare, or in delivery to an entity other than a business as defined in § 10-201 above, the entity who owns or has custody or control of the vehicle or substance involved in the hazardous accident shall be responsible for all costs that occur as a direct or consequential result of such accident. Nothing contained herein shall prevent such business or entity from recovering any costs from a third party whose negligence may have caused such hazardous accident.
2.
In the event that any person undertakes, either voluntarily or upon order of an official of the Board of Supervisors of Hemlock Township, to clean up or abate the effects of any hazardous accident, the Township may take such action as deemed necessary to supervise or verify the adequacy of the cleanup or abatement. The business or entity described in Subsection 1 above shall be liable to the Township for all costs incurred as a result of such supervision or verification.
3.
For the purposes of this Part, costs of a hazardous accident shall
include, but are not limited to, the following: expenses incurred
by police, fire, or emergency medical services; actual labor costs
of Township personnel, including benefits and administrative overhead;
costs of consultants or others preparing reports concerning the hazardous
accident; costs of equipment operations; costs of materials obtained
directly by the Township; costs of any contractual labor and materials
for cleanup or abatement; costs of the Township Solicitor or Township
Engineer connected with the hazardous accident; costs to replace or
repair any damage caused to equipment utilized by the Township or
any service agency which responded to the accident.
4.
The costs resulting from the hazardous accident shall be paid directly
to the Township within 30 days from the date on which the Township
issues an invoice or other appropriate demand for such costs. Interest
shall accrue on any unpaid invoice at the rate of 1 1/2% per
month commencing after the expiration of the thirty-day grace period.
[Ord. No. 01-06-03, 1/6/2003, § 3]
1.
Any entity which owns or has custody or control of any motor vehicle
or other instrumentality that creates a dangerous incident, as defined
by this Part, or any entity which owns or leases any real property
upon which a dangerous incident takes place, shall be responsible
for all costs of any emergency response that arise as a direct or
consequential result of such incident. Nothing contained herein shall
prevent such entity from recovering any costs from a third party whose
negligence may have caused such dangerous incident.
2.
In the event that any person undertakes, either voluntarily or upon order of any official of the Board of Supervisors of Hemlock Township, to clean up or abate the effects of any dangerous incident, the Township may take such action as deemed necessary to supervise or verify the adequacy of the cleanup or abatement. The entity described in Subsection 1 above shall be liable to the Township for all costs incurred as a result of such supervision or verification.
3.
For the purpose of this Part, costs of a dangerous incident shall
include, but are not limited to, the following: expenses incurred
by police, fire, or emergency medical services; actual labor costs
of Township personnel, including benefits and administrative overhead,
costs of consultants or others preparing reports concerning the dangerous
incident; costs of equipment operations; costs of materials obtained
directly by the Township; costs of any contractual labor and materials
for cleanup or abatement; costs of the Township Solicitor and Township
Engineer connected with the dangerous incident, costs to replace or
repair any damage caused to equipment utilized by the Township or
any other service agency which responded to the incident.
4.
The costs resulting from the dangerous incident shall be paid directly
to the Township within 30 days from the date on which the Township
issues an invoice or other appropriate demand for such costs. Interest
shall accrue on any unpaid invoice at the rate of 1 1/2% per
month commencing after the expiration of the thirty-day grace period.
[Ord. No. 01-06-03, 1/6/2003, § 4]
1.
The Board of Supervisors of Hemlock Township hereby recognizes the
authority of and authorize the Fire Company to recover the reasonable
costs of equipment and materials involved in any hazardous material
incident, environmental incident, or any safety and rescue incident
or operation, including structure and nonstructure fires and vehicle
accidents, from a person's or persons' or entity's or entities' insurance
company.
2.
Said reasonable costs may be recovered directly by the Fire Company
or through a third-party agency agreement.
3.
In addition to the aforementioned reasonable costs, the Fire Company
shall be authorized to collect reasonable interest, administrative
fees and any and all additional fees that may be authorized by the
Hazardous Material and Emergency Planning and Response Act, 35 P.S.
§ 6022.101 et seq., or as authorized by any other statutes
or laws.
