[HISTORY: Adopted by the Board of Supervisors of the Township
of Cross Creek 11-18-2002 by Ord.
No. 3-02. Amendments noted where applicable.]
For the purpose of this chapter, 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.
Any vehicle in nonserviceable condition or without having
both a current inspection sticker and current registration plate.
Board of Supervisors of Cross Creek Township, Washington
County, Pennsylvania.
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 a person or property.
Person owning, leasing, occupying or having charge of any
premises within the Township.
Any natural person, firm, partnership, association, corporation,
company, club, copartnership, society, or any organization of any
kind.
Cross Creek Township which is located within the confines
of Washington County, Pennsylvania.
Any grass, weed or vegetation whatsoever, which is not edible
or planted for some useful, legal or ornamental purpose.
Nuisances, including, but not limited to the following, are
hereby declared to be illegal:
A.
Storing or accumulating abandoned or junked motor vehicles that can
be seen from any public highway, road, street, avenue, lane or alley
which is maintained by the Township or by the Commonwealth of Pennsylvania.
All such vehicles must be moved in 60 days or, if at a vehicle repair
business, 90 days.
B.
Storing or accumulating more than one antique or collector motor
vehicle for restoration which is neither sheltered by a building nor
enclosed behind an evergreen or solid fence as permitted by applicable
zoning ordinances; or storing or accumulating in a nonorderly fashion
one antique or collector motor vehicles for registration.
C.
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, lavatories, 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, lane or
alley; or from any property into or upon any adjoining property.
D.
Draining or flowing, or allowing to drain or flow, any water or drainage
from within dwelling situate upon property along public highway, road,
street, avenue, lane, or alley in the Township into or upon the cartway
or traveled portion for said drainage by means of a drainage ditch
or otherwise.
E.
As to properties located in a village or residential district, 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
chapter, or permitting to grow to such length as to make likely the
presence of snakes, vermin, or other dangerous or offensive conditions.
F.
Permitting or allowing any well or cistern to be, or remain, uncovered.
G.
Pushing, shoveling or otherwise depositing snow upon the cartway
or traveled portion of any public highway, road or street which is
maintained by the Township or by the Commonwealth of Pennsylvania
and allowing same to remain thereon.
H.
Allowing or permitting any excavation, material excavated 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.
I.
Defacing public and private property.
(1)
It shall be unlawful for any person, partnership, corporation or
agent acting independently or under the direction of the principal
to deface any private of 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 or any printed materials such as signs or posters;
destruction or removal; defacing in any manner.[1]
A.
Whenever a condition constituting a nuisance is permitted or maintained,
the Board of Supervisors shall cause written notice to be served upon
the owner in one of the following manners:
(1)
By making personal delivery of the notice to the owners; or
(2)
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; or
(3)
By fixing a copy of the notice to the door at the entrance of the
premises in violation; or
(4)
By mailing a copy of the notice to the last-known address of the
owner by certified mail; or
(5)
By publishing a copy of the notice in a local newspaper of general
circulation within Washington County, Pennsylvania, once a week for
three consecutive weeks. Such notice shall set forth in what respect
such condition constitutes a nuisance, whether removal is necessary
and required by the Township, or whether the situation can be corrected
by repairs, alterations, or by fencing or boarding, or in some way
confining and limiting the nuisance.
B.
Such notice shall require the owner to commence action in accordance with the terms thereof within 20 days and, thereafter, to comply fully 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 § 202-2F, G or H is violated, and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter regulates building, housing, property, maintenance,
health, fire, public safety, or air pollution, and shall be enforced
pursuant to 53 P.S. § 66601(c.1)(2).
A.
Enforcement thereof shall be by an action before a Magisterial District
Judge in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Civil Procedure. The Township Solicitor
may assume charge of the prosecution without the consent of the District
Attorney as required under Pa.R.C.P. 83(c) (relating to trial and
summary cases). The Board of Supervisors hereby set a criminal fine
in an amount of up to $1,000 per violation and the costs of prosecution
and, in default of payment of such fine and costs of prosecution,
to undergo imprisonment of not more than 90 days, provided further
that each day's continuance of a violation shall constitute a separate
event.
B.
The Board of Supervisors may direct the removal, repair, or alterations,
as the case may be, to be done by the Township and to certify the
costs thereof to the Township Solicitor; the cost of such removal,
repairs or alterations shall be a lien upon such premises from the
time of such removal, cutting, repairs and alterations, which date
shall be determined by the certificate of the person doing such work,
and filed with the Township Secretary.
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.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is, for any reason, held to be invalid or unconstitutional
by any court 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.
