[Ord. 2000-5, 12/7/2000, § 1]
For the purpose of this Part the following terms, phrases, words
and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present sense 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.
ABANDONED OR JUNK MOTOR VEHICLE
Any vehicle in a non-serviceable condition or a vehicle which
does not have both a current inspection sticker and a current registration
plate attached to it.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Vernon, Crawford
County, Pennsylvania.
JUNK MATERIAL
Includes but is not limited to unused or abandoned machinery,
equipment or appliances and all forms of waste and refuse of any type
of materials including scrap metal, glass, industrial waste and other
salvageable materials unless for resale that can be seen from any
public highway, road, street, avenue, lane or alley which is maintained
by the Township of Vernon or by the Commonwealth of Pennsylvania.
NUISANCE
The unreasonable, unwarrantable 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 his reasonable rights of person or property.
OWNER
A person owning, leasing, occupying or having charge of any
premises within the Township.
PERSON
A natural person, firm, partnership, association, corporation,
company, club, copartnership, society or any organization of any kind.
TOWNSHIP
The Township of Vernon, Crawford County, Pennsylvania.
[Ord. 2000-5, 12/7/2000, § 2]
1. Nuisances including but not limited to the following are hereby declared
to be illegal:
A. Storing or accumulating junk material.
B. Storing or accumulating abandoned or junk motor vehicle that can
be seen from any public highway, road, street, avenue, lane or alley
which is maintained by the Township of Vernon, Crawford County, Pennsylvania
or by the Commonwealth of Pennsylvania. All such vehicles must be
moved within 60 days or if at a vehicle repair business within 90
days.
C. Storing or accumulating more than three antique or collector motor
vehicles for restoration which are neither sheltered by a building
nor enclosed behind an evergreen or solid fence or storing or accumulating
in a non-orderly fashion three or less antique or collector motor
vehicles for restoration.
D. Draining or flowing or allowing to drain or flow by pipe or other
channel whether natural or artificial any foul or offensive water
or drainage from sinks, bathtubs, washstands, laboratories, water
closets, swimming pools, privies or cesspools of any kind or nature
whatsoever or any foul or offensive water or foul or offensive drainage
of any kind from property along any public highway, road, street,
avenue, lane or alley or from any property into or upon any adjoining
property.
E. Permitting the growth of any grass, weeds, noxious weeds or any vegetation
whatsoever not edible or planted for some useful, legal or ornamental
purpose to conceal any rubbish, garbage, trash or any other violation
of this Part.
F. Permitting or allowing any well or cistern to remain uncovered.
G. Allowing or permitting any excavation, material excavation or obstruction
on or adjoining any highway, street or road to remain open or exposed
without the same being secured by a barricade, temporary fence or
other protective materials.
H. Defacing Public or Private Property. It shall be unlawful for any
person, partnership, corporation or agent acting independently or
under the direction of the principal to deface any private or public
buildings, structures, signs, banners or vehicles within the Township.
Examples of defacing shall include, but not be limited to the following:
application of paint, inks and dyes; affixing of any printed materials
such as signs or posters.
[Ord. 2000-5, 12/7/2000, § 3]
1. Whenever a condition that constitutes a nuisance as defined in this
Part is permitted or maintained, the Board of Supervisors of Vernon
Township shall cause a written notice to be served upon the owner
in one of the following manners:
A. By making personal delivery of the notice to the owner.
B. By handing a copy of the notice at the residence of the owner to
an adult member of the family with whom he/she resides, but if no
adult member of the family is found, then to an adult person in charge
of such residence.
C. By fixing 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.
[Ord. 2000-5, 12/7/2000, § 4]
1. This Part regulates building, housing, property maintenance, health,
fire and public safety and shall be enforced pursuant to the provisions
of the Act of Assembly known as the Second Class Township Code and
specifically pursuant to 53 P.S. 56601 (C.1)(2).
A. Enforcement thereof shall be by an action before a district magistrate
in the same manner provided for in the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor
may assume charge of the prosecution without the consent of the District
Attorney as required under Pennsylvania Rule of Criminal Procedure
No. 83(3) (relating to trials in summary cases). The Board of Supervisors
of Vernon Township hereby set a criminal fine in the amount of $300
per violation and the cost of prosecution and in default of payment
of such fine and costs of prosecution to undergo imprisonment for
not more than 10 days provided, however, that each day's continuance
of such a violation shall constitute a separate event.
B. The Board of Supervisors of Vernon Township may direct the removal,
repair or alteration as the case may be to be done by the Township
and the cost of such removal, repair or alteration shall be determined
by the certificate of the person doing such work and shall be filed
with the Township Secretary and thereafter the same shall be certified
to the Township Solicitor for the purpose of placing a lien upon the
premises.
C. The Township by means of a Complaint in Equity may compel the owner
of the premises to comply with the terms of any notice of violation
or seek any such other relief as any such court of competent jurisdiction
is empowered to afford.