[HISTORY: Adopted by the City Council of
the City of New Kensington 8-9-1977 by Ord. No. 5-77 as Part 11, Art.
1119 of the 1977 Code; amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I.). Subsequent amendments
noted where applicable.]
The provisions of 53 P.S. § 37320
shall be the controlling provisions regarding nuisances in the City
of New Kensington.
[Added 6-11-2018 by Ord.
No. 1-18]
As used in this article, certain terms are defined as follows:
City of New Kensington, Pennsylvania.
A lot, plot or parcel of land including any structures theron.
(Pa 243.12) "A person may not maintain or permit to be maintained,
a pond, privy, vault, cesspool, well, cistern, rain barrel or other
receptacle containing water unless the receptacle is constructed or
maintained in a manner to prevent the breeding of mosquitoes."[1]
Stagnant water in pools in which mosquitoes, flies or other
insects may multiply, including, but not limited to, open containers,
sewage, lagoons, ditches, roof gutters, wheelbarrows, bird baths,
ornamental pools, swimming pools, vegetation, weeds, and grass in
excess of eight inches in height (except as may be otherwise provided
in Wetlands and Environmental ordinances and statutes).
That which is built or constructed or a portion thereof.
Any person, firm, partnership or corporation having legal
title or equitable interest in a structure and/or premises as recorded
in the official records of the state, county or municipality; or guardian
of the estate of any such person, or the executor, or administrator,
of the estate of such person if in possession of real property as
a fiduciary or heir.
[1]
Editor's Note: See 25 Pa. Code § 243.12.
Any stagnant water pool:
It shall be unlawful for any titled owner to permit or maintain
a stagnant water pool upon any premises or structure as defined herein
in the City of New Kensington, and upon conviction for a violation
thereof shall be subject to the penalties provided under this article.
The City of New Kensington Code Enforcement Officer shall enforce
this article.
A.
Whenever a violation of this article is found or believed to exist,
the enforcement official shall give written notice to the titled owner
personally, or by mail addressed to his/her last known address, or
by posting said written notice thereof upon the premises involved.
B.
Required notice shall identify the premises, specifically state the
reason why notice is being issued with relevant section(s) of the
article, include a correction order allowing a reasonable time to
achieve compliance with this article, and set forth that· any
appeal must be in writing to the City of New Kensington Secretary
within the time set forth for compliance. Failure to timely request
an appeal in writing will be deemed a waiver of the appeal.
Upon failure, neglect or refusal of any titled owner to comply
with any and all applicable sections of this article, the enforcement
official is authorized to prepare appropriate work orders for performance
of work by authorized City of New Kensington employees or contracted
workers to effect compliance and abatement of any nuisance on the
subject premises, including entry onto private property. After said
compliance work is completed, statements for work performed shall
be prepared by the City of New Kensington Secretary. Said statements
shall indicate the description of the premises, titled owner, the
cost of work performed, administrative charge, disposal costs, and
all other costs, if any, shall be filed as a lien against the premises
affected, and such lien shall continue in force until the full amount
thereof, together with interest at the rate of 6% percent per annum,
is paid in full.
In addition to the lien provided for herein, whoever violates
or fails to comply with the provisions of this article shall be, upon
conviction thereof, sentenced to pay a fine not less than $300, nor
more than $1,000, plus costs and restitution as determined for work
performed and charges assessed and/or paid by the City of New Kensington,
and in default of payment of said fine, costs, restitution, to a term
of imprisonment not to exceed 30 days. All fines, restitution and
City of New Kensington charges imposed and collected under the provisions
of this article shall be paid to the City of New Kensington. Each
day that an offense/violation continues shall constitute a separate
offense/violation.
If any section, subsection, sentence, phrase or portion of this
article is, for any reason, held invalid or unconstitutional by any
court or agency of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
This article shall become effective immediately.
