[HISTORY: Adopted by the Board of Supervisors of East Earl
Township 9-10-2013 by Ord. No.
183. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate or
any other legal entity whatsoever which is recognized by law as the
subject of rights and duties. Whenever used in any clause prescribing
and imposing a penalty or fine, the term "person" shall include the
members of an association, partnership or firm and the officers of
any public or private corporation for profit or not for profit.
A.
No person shall continue, maintain, establish or carry on any of
the following prohibited acts or activities on any public or private
property in the Township of East Earl, Lancaster County, Pennsylvania
("Township") if the same are determined to be and constitute nuisances
in fact:
(1)
The storage, accumulation or depositing of any abandoned or junked
vehicles or machinery, or parts thereof, or unlicensed vehicles;
(2)
The storage, accumulation or depositing of any abandoned or used
building materials of any kind;
(3)
The storage, accumulation or depositing of garbage, rubbish or other
refuse matters (this provision shall not prohibit the use of animal
excrement as fertilizer on active farms, provided that such use is
in accordance with the then existing laws, rules and regulations governing
nutrient management programs and manure);
(4)
The maintenance of any dangerous structure, including buildings in
a state of dilapidation or disrepair;
(5)
The height of grass, noxious weeds and other weeds exceeding six
inches on commercial or industrial properties;
(6)
The height of grass, noxious weeds and other weeds exceeding six
inches within 200 feet of any dwelling; or
(7)
Any use of land or structure which is unreasonable or unlawful and
causes injury, damage, reduced property values or substantial discomfort
to the residents of the Township in the legitimate enjoyment of their
reasonable rights.
B.
Excluded from all of the above-defined activities are any agricultural
operations conducted in accordance with normal agricultural operations
so long as the agricultural operation does not have a direct adverse
effect on the public health and safety.
The Secretary, Code Official, Zoning Officer, Police Officer
or any officer or employee of the Township designated by the Board
of Supervisors shall serve written notice, either personally or by
certified or first class mail, on any person violating the provisions
of this chapter to remove or abate any nuisance or dangerous structure
on public or private property. Upon the failure of said person to
comply with such notice within 15 days after receipt thereof or to
request a hearing within such time before the Board of Supervisors
pursuant to the Act of December 2, 2968, P.L. 1133, known as the "Local
Agency Law,"[1] the Board of Supervisors of the Township may abate, remove
or arrange for the removal of the nuisance or dangerous structure
and collect the cost of such abatement or removal together with a
penalty of 25% of the cost of the abatement or removal, together with
court costs and legal fees, from the person failing to comply with
such notice by summary proceedings or in the manner provided for the
collection of municipal claims or by an action on assumpsit without
the filing of a claim.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
Any person who or which shall violate any of the provisions of this chapter shall, upon conviction thereof by summary proceeding before any Magisterial District Judge having jurisdiction, be sentenced to pay a fine of not more than $1,000 per violation. If a defendant, sentenced to pay a fine or costs after a finding of guilt in a summary case, defaults in such payments, the defendant may be imprisoned to the extent provided by law for the punishment of summary offenses. Such fine and costs shall be in addition to the remedies provided in § 274-3 of this chapter and shall be enforceable and recoverable in the manner provided by applicable law. All fines collected for the violation of this chapter shall be paid to the Treasurer of the Township for the general use of the Township. Each day or portion thereof in which a violation is found to exist, or each section of the chapter which is found to have been violated, shall constitute a separate offense.
