[Ord. 73-3, 8/14/1973, § 1]
The following words, when used in this Part, shall have the
meanings ascribed to them in this section:
The entirety of a way or place, of whatever nature, open
to the use of the public as a matter of right for purposes of vehicular
travel, including the unimproved portion of the right-of-way adjacent
to a cartway.
Any condition, structure or improvement which shall constitute
a threat to the health, safety or welfare of the citizens of Valley
Township, including, but not limited to, accumulation of garbage or
rubbish, the storage of abandoned or junked automobiles, dangerous
and unsightly structures on public or private land or any other condition
or structure which may be declared a nuisance by a court of competent
jurisdiction.
Any natural person, association, partnership, firm, corporation
or other legal entity.
[Ord. 73-3, 8/14/1973, § 2]
[Ord. 73-3, 8/14/1973, § 3]
1.
Whenever a condition, structure or improvement exists on any premises
situate within the boundaries of the Township of Valley which is deemed
by the Board of Supervisors of said Township, or their lawful delegate,
to constitute a nuisance, or otherwise poses a threat to the health,
safety and welfare of the public, the said Board of Supervisors, or
their lawful delegate, shall issue written notice to be served by
registered or certified mail upon the owner or occupier or possessor
of said premises, or, if his whereabouts or identity be unknown, by
posting the notice conspicuously upon the offending premises.
2.
Said notice shall specify the condition or structure or improvement
complained of and shall require the owner or occupier or possessor
to commence to remove or otherwise rectify the condition or structure
or improvement as set forth therein within 10 days of mailing or posting
of said notice and, thereafter, to fully comply with the requirements
of the notice within a reasonable time.
[Ord. 73-3, 8/14/1973, § 4]
Whenever any person shall have utilized the highways of Valley
Township in such a manner as to result in the deposit thereon of dirt,
debris or foreign matter of any kind in such quantities or in such
manner as to have created a hazardous or unhealthy condition or as
to have destroyed, blocked or caused deterioration of drainage or
in drain areas adjacent to said highways, said person shall immediately
cause the correction of said condition or conditions.
[Ord. 73-3, 8/14/1973, § 5]
1.
Any person who causes or permits the continuance of any nuisance or otherwise dangerous and unhealthy condition as set forth in §§ 10-203 and 10-204 of this Part without commencing corrective action within 10 days of the mailing or posting of the notice specified in § 10-203, or immediately upon written or oral notification of conditions specified in § 10-204, or in either event, by failure to complete corrective action within a reasonable time thereafter, shall suffer the following:
A.
The Township may cause removal, correction or abatement of the nuisance,
condition, structure or improvement specified in the written notice
by such means as are necessary, including, but not limited to, demolition
or destruction or reconstruction. The Township, in such event, and
pursuant to its statutory or otherwise authorized police powers, shall
have the right and power to enter upon the offending premises to accomplish
the foregoing.
[Ord. 73-3, 8/14/1972, § 6; as amended by Ord. 96-4, 5/7/1996, § 10; and by Ord. 97-2, 3/18/1997, § 10]
In the event that the Township shall have incurred any expenses
to remove, correct or abate the nuisance, condition, structure or
improvement under the terms of this Part, it shall recover the said
expenses and a penalty of 5% and an attorney's fee of 5% by municipal
claim proceedings under the Act of May 16, 1923, P.L. 207, as amended,[1] or by summary proceedings under the Act of May 1, 1933,
P.L. 103, Article VII, § 702, Clause XII, as amended,[2] or by an action in assumpsit in the Court of Common Pleas
of Chester County or by any other remedy as may be available at law,
at the election of the Township.
[Ord. 73-3, 8/14/1972, § 7]
In lieu of removal, correction or abatement of any nuisance,
condition, structure or improvement constituting a danger to the health,
safety or welfare of the public by the Township of Valley, the said
Township may enforce the provisions of this Part by an equity action
filed in the Court of Common Pleas of Chester County to compel the
offender to do so and to seek such other relief as the said Court
might grant to the Township and if such action is decided in favor
of said Township, costs of the suit and reasonable attorney's fees
shall be paid by the offender to said Township.
[Ord. 73-3, 8/14/1972, § 8; as amended by Ord. 96-4, 5/7/1996, § 10; by Ord. 97-2, 3/18/1997, § 10; and by Ord. 99-7, 11/3/1999, §§ 5, 6]
1.
Any person who shall violate any provision of this Part shall be
guilty of a summary offense punishable by a fine not to exceed $1,000,
together with all court costs and reasonable attorney's fees incurred
by the Township in such enforcement proceeding, and may further be
punished by imprisonment to the extent permitted for summary offenses.
Each day that a violation continues may be considered a separate offense.
2.
Any administrative appeal of the Code Enforcement Officer's decision
regarding this Part must be filed in writing with the Township Secretary
within 10 days after notification to the appellant of that decision.
Such appeal must contain a concise statement of the reason(s) for
the appeal and must be accompanied by such fee as may be approved
by resolution of the Board of Supervisors.
[Ord. 73-3, 8/14/1972, § 9]
The remedies provided herein for the enforcement of this Part
or of any remedy provided by law shall not be deemed mutually exclusive,
rather they may be employed simultaneously or consecutively at the
option of the Township of Valley.
