[Ord. 2-1998, 9/14/1998, § 1]
This Part shall be known and may be cited as the "Hughesville
Borough Nuisance Ordinance of 1998."
[Ord. 2-1998, 9/14/1998, § 2]
For the purposes 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 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.
A vehicle (other than a pedalcycle):
That is inoperable and is left unattended on public property
for more than 30 days.
That has remained illegally on public property for a period
of more than 30 days.
Without a valid registration plate or certificate of inspection
or title left unattended on or along a highway.
That has remained on private property with or without the consent
of the owner or person in control of the property for more than 30
days and does not have (a) a valid registration plate or (b) current
certificate or inspection.
The Borough of Hughesville, Lycoming County, Pennsylvania.
The Borough Council of Hughesville Borough, Lycoming County,
Pennsylvania.
Any motor vehicle, valueless except as junk.
The unreasonable, unwarrantable 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 of person or property.
A person owning, leasing, occupying or having charge of any
premises within the Borough.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
[Ord. 2-1998, 9/14/1998, § 3]
Nuisances, including but not limited to the following, are hereby
declared to be illegal:
A.
Storing
or accumulating the following:
(1)
Garbage or rubbish.
(2)
Junk material (including, but not limited to, unused or abandoned
machinery, equipment or appliances).
(3)
Other junk (including, but not limited to, any and all forms of waste
and refuse of any type of materials, including scrap metal, glass,
industrial waster and other salvable materials.
B.
It
shall be unlawful to store, or deposit any abandoned or junked vehicle,
or part thereof in or on any highway or public or private property,
vacant or occupied, within the Borough of Hughesville.
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 as permitted by applicable zoning
ordinance; or storing or accumulating in an unorderly fashion three
or less antique or collector motor vehicles for restoration.
D.
Maintaining
or causing to be maintained any dangerous structure including, but
not limited to, abandoned or unoccupied buildings or parts of buildings
in a state of dilapidation or disrepair.
E.
Permitting
or allowing any well or cistern to be or remain uncovered.
F.
Interfering
with the flow of a stream, creek or other waterway by means of a dam
or other construction, unless authorized by law.
G.
Removing
the embankment of a stream so as to alter the natural flow of the
stream.
H.
Pushing,
shoveling or otherwise depositing snow upon the cartway or traveled
portion of any public highway, road or street which is maintained
by the Borough or by the Commonwealth of Pennsylvania, and allowing
same to remain thereon.
I.
Allowing
or permitting any excavation or 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 materials.
J.
The
maintenance or storage of an owner or lessee of a motor vehicle which
is unable to move under its own power and has any of the following
physical defects:
(1)
Broken windshields, mirrors or other glass, with sharp edges.
(2)
One or more flat or open tires or tubes which could permit vermin
harborage.
(3)
Missing doors, windows, hood, trunk or other body parts which could
permit vermin harborage.
(4)
Any expose body parts with sharp edges including holes resulting
from rust.
(5)
Missing tires resulting in unsafe suspension of the motor vehicle.
(6)
Upholstery which is torn or open which could permit vermin harborage.
(7)
Broken head lamps or tail lamps with sharp edges.
(8)
Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or on the vehicle.
(9)
Protruding sharp edges from the chassis.
(10)
Any vehicle or part thereof suspended from the ground in an unstable
manner.
(11)
Leaking or damaged oil pan or gas tank.
(12)
Exposed battery containing acid.
(13)
Inoperable locking mechanism for doors or trunk.
(14)
Open or damaged floor boards including trunk and firewall.
(15)
Damaged bumpers pulled away from the perimeter of vehicle.
(16)
Broken grill with protruding edges.
(17)
Loose or damaged metal trim and clips.
(18)
Broken communication equipment antennae.
K.
The
unsheltered storage or maintenance of junk or the storage or maintenance
of garbage, rubbish or any other material if any of the following
conditions exist with respect thereto:
(1)
Broken glass or metal parts with sharp or protruding edges.
(2)
Openings or areas which are conducive to the harboring of vermin.
(3)
Storage in any manner which would allow the junk, garbage, rubbish
or material, or any part thereof, to easily shift, tilt or fall from
its original storage position.
(4)
The presence of any liquid or material of a hazardous or potentially
hazardous nature including, but not limited to, gasoline, oil, battery
acids, refrigeration agents or poisons.
L.
The
maintenance of abandoned or neglected buildings, structures, sidewalks
or premises, which shall pose or constitute any of the following conditions
or hazards:
(1)
A fire hazard to adjoining structures and other property within the
Borough.
(2)
A danger of infestation by vermin.
(3)
An area which is or which might potentially serve as an area of play
or attraction for children of the Borough or the public in general.
(4)
Buildings or structures whose interior walls or other vertical structural
members list, lean or buckle to such an extent that block line passing
through the center of gravity falls outside of the middle third of
its base.
(5)
Building or structures which, exclusive of the foundation, show 30%
or more of damage or deterioration of the supporting members, or 50%
or more of damage or deterioration of the nonsupporting interior or
outside walls or covering.
(6)
Buildings or structures which have improperly distributed loads upon
the floors or roofs, or in which the same are overloaded, or which
have insufficient strength to be reasonably safe for the purpose used.
(7)
Buildings or structures which have been damaged by fire, wind or
other causes so as to have become dangerous to life or safety of the
occupants or to others in the vicinity.
(8)
Buildings or structures which have become or are so dilapidated,
decayed or unsafe that they are unfit for human habitation or are
likely to cause injury to occupants or to others in the vicinity.
(9)
Buildings or structures having inadequate facilities for egress in
case of fire or panic, or those having insufficient stairways, fire
escapes or other means of access and egress.
(10)
Buildings or structures, parts of which are so attached that they
may fall and injure members of the public or cause damage to property.
M.
The
setting, maintenance, operation, conduct or permitting of the establishment
and maintenance of fire, combustion or manufacturing, commercial or
other process which is or shall be accompanied by constant, periodic
or occasional omission of smoke, sparks, ash particles, burned sawdust
and debris, or the creation and spreading of ash, debris, poisons
and the like materials on surrounding or adjacent property to the
annoyance, disturbance and detriment of surrounding property owners,
residents, passers-by and the traveling public.
N.
In all residential districts as defined in the zoning code of Hughesville Borough [Chapter 25], it is hereby declared a nuisance if any grass, ground cover, weeds, or other general vegetation, other than trees, or ornamental plantings exceeds four inches in height above the ground unless it is an agricultural crop which is planted and is harvested within six months of its planting. In all other zoning districts, the same definition of a nuisance shall apply except the height of the material must exceed six inches in height before it is a nuisance.
O.
It
is hereby declared a nuisance for any person owning real property
within the Borough to place, or permit the placement, of any obstruction
including, but not limited to, structures, overgrown landscaping and
items of personal property, within 30 inches of any fire hydrant within
the Borough connected to a public water system.
[Added by Ord. No. 2-2020, 10/12/2020]
[Ord. 2-1998, 9/14/1998, § 4]
Whenever a condition constituting a nuisance is permitted or
maintained, the Borough Zoning Officer, Borough Police Chief or Borough
Solicitor shall cause 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 which he 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.
E.
By
publishing a copy of the notice in the local newspaper once a week
for three successive weeks.
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Such notice shall set forth in what respect such condition constitutes
a nuisance, whether removal is necessary and required by the Borough,
or whether the situation can be corrected by repairs, alterations
or by fencing or boarding, or in some way confining and limiting the
nuisance. Such notice shall require the owner to commence action in
accordance with the terms thereof within 30 days and, thereafter,
to comply full with its terms with reasonable dispatch, with all material
to be supplied and work to be done at the owner's expense; provided,
however, if any of the provisions of § 303(D), (F) or (H),
and if the circumstances require immediate corrective measures, such
notice shall require the owner to immediately comply with the terms
thereof.
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[Ord. 2-1998, 9/14/1998, § 5]
If the owner, after receiving due notice, refuses to comply
with the terms thereof:
A.
He
shall be guilty of a violation of this Part and shall, upon conviction
thereof, pay a fine of not more than $300 and the [costs of] prosecution,
and, in default of payment of such fine and costs of prosecution,
shall be imprisoned for not more than 10 days; provided, each day's
continuance of a violation shall constitute a separate offense.
B.
The
Borough Council may direct the removal, repair or alteration, as the
case may be to be done by the Borough and the cost thereof with a
penalty of 10% may be collected from the owner of the premises by
an action of assumpsit or may file a municipal claim or lien therefore
against such real estate.
C.
The
Borough, by means of a complaint in equity, may compel the owner to
do so or seek such other relief as such court is empowered to afford.
