The Board of Supervisors of Upper Tulpehocken Township, Berks
County, Pennsylvania, finds that removal of nuisances within all districts
in the Township (the "subject districts") of the Township of Upper
Tulpehocken, Berks County, Pennsylvania, (the "Township") is in the
interest of the citizens of the Township and that removal of nuisances
on public and private property promotes the public health, safety
and welfare of all residents of the Township, excepting only a premises
being used or occupied primarily for agricultural purposes in accordance
with sound agricultural practices.
For the purposes of this chapter, the following terms, phrases
and words and their derivatives shall have the meanings given herein.
When not 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.
ABANDONED VEHICLE
Any motorized or nonmotorized vehicle, such as a recreational
vehicle including campers and boats, which is without a currently
valid license plate or plates, is uninspected and/or is in a rusted,
wrecked, discharged, dismantled, partly dismantled, inoperative or
abandoned condition. Without limiting the generality of the foregoing,
an abandoned motor vehicle shall include any motor vehicle which has
any of the following physical defects:
A.
Broken windshield, mirrors or other glass, with sharp edges;
B.
One or more flat or open tires or tubes which could permit vermin
harborage;
C.
Missing doors, windows, hood trunk or other body parts which
could permit animal harborage;
D.
Any body parts with sharp edges including holes resulting from
rust;
E.
Missing tires resulting in unsafe suspension of the vehicle;
F.
Upholstery which is torn or open which could permit animal and/or
vermin harborage;
G.
Broken headlamps or tail lamps with sharp edges;
H.
Dissembled chassis parts apart from the vehicle stored in a
disorderly fashion or loose in or on the vehicle;
I.
Protruding sharp objects from the chassis;
J.
Broken vehicle frame suspended from the ground in an unstable
manner;
K.
Leaking or damaged oil pan tank which could cause fire or explosion;
L.
Exposed battery containing acid;
M.
Inoperable locking mechanism for doors or trunk;
N.
Open or damaged floor boards including trunk and firewall;
O.
Damaged bumpers pulled away from the perimeter of vehicle;
P.
Broken grill with protruding edges;
Q.
Loose or damaged metal trim and clips;
R.
Broken communication equipment antennas;
S.
Suspended or unstable supports;
T.
Such other defects which could threaten the health, safety and
welfare of the citizens of the Township of Upper Tulpehocken.
ENCLOSED
Having a wall or walls, window or windows and a door used
as access to the dwelling.
NUISANCE
Any condition or use of premises or of building exteriors
which is detrimental to the property of others or which causes or
tends to cause substantial diminution in the value of other property
in the neighborhood in which such premises are located. This includes,
but is not limited to, the keeping or depositing on or the scattering
over the premises of any of the following:
B.
Abandoned, discarded or unused objects or equipment such as
motor and non-motor vehicles, parts of vehicles, furniture, stoves,
refrigerators, freezers, cans or containers.
C.
Maintaining, or causing to be maintained, any dangerous structures,
including but not limited to fire-damaged, abandoned, occupied or
unoccupied buildings or parts of buildings.
D.
Maintaining or causing to be maintained upon any unenclosed
porch or exterior attachment, which faces a regularly traveled thoroughfare,
furniture, other than furniture designed for exterior use, which is
commonly intended for use inside a dwelling, including but not limited
to upholstered sofas, chairs, davenports, beds, divans and the like.
E.
The use of a porch roof or other second story or higher portion
of a structure for a nondesigned use, unless said porch roof or other
portion of structure is specifically designed for said use.
F.
Trees, shrubs, hedges or other vegetation overhanging sidewalks
or other pedestrian walkways at a height less than eight feet.
G.
Trees, shrubs or other vegetation overhanging a road right-of-way
at a height of less than 16 feet, measured from the street surface
at the curb.
H.
Garbage, garbage containers, trash stored anywhere on the property,
except for the 24 hours immediately prior to the regularly scheduled
collection of trash.
I.
Maintaining more than one unregistered or uninspected motor
vehicle(s) on a lot, except for properly licensed new or used car
dealers.
OWNER
A person giving, leasing, occupying or having charge of any
premises within the Township.
PERSON
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
PORCH ROOF
A roof at the second story or above on any building which
extends over an unenclosed area.
REGULARLY TRAVELED STREET
Any street, alley or thoroughfare on which one or more motor
vehicles travel during any twenty-four-hour period.
Nuisances, as defined herein, are hereby declared to be illegal
within all of the zoning districts (the "subject districts") of the
Township of Upper Tulpehocken, Berks County, Pennsylvania (the "Township").
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or persons convicted of violating any of the provisions
of this chapter shall be subject to a fine not to exceed $1,000 per
violation, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment in the Berks County
Prison to the extent allowed by law for the punishment of summary
offenses. Enforcement of any such violations shall be by action brought
before a Magisterial District Judge in the same manner provided for
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 the Pennsylvania Rules of Criminal Procedure relating to trial
in summary cases. Each day or portion thereof that a violation continues
or is permitted to continue shall also constitute a separate offense.
If any sentence, clause, or section 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, or sections of this chapter. It is
hereby declared as the intent of the Board of Supervisors that this
chapter would have been adopted had such unconstitutional, illegal
or invalid sentence, clause, section or part thereof not been included
herein.