[HISTORY: Adopted by the Borough Council of the Borough of
North East 11-1-2010 by Ord. No. 856. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Removal or other termination of a nuisance.
Borough of North East.
The duly elected and appointed Council of the Borough.
The duly appointed Borough Manager of the Borough of North
East.
An officer specifically appointed by the Borough Council
of the Borough to enforce identified ordinances as well as the Zoning
Officer and Borough Manager.
Any condition which constitutes a threat or potential threat
to the health, welfare, and safety of residents, property owners,
and visitors of the Borough, the abatement of which does not require
physical alteration of buildings or other structures.
The animal and vegetable waste resulting from the handling,
preparation, cooking, and consumption of foods. It shall not include
sanitary sewage and industrial wastes.
Containers commonly abandoned from households such as cereal
boxes, soup cans, glass jars, grocery cartons, plastic bottles, paper,
clothing, discarded household goods, and similar items.
The allowance of a nuisance to exist upon premises whether
by intention, negligence, or otherwise.
Any type of mechanical device propelled by a motor in which
persons or property may be transported upon public streets or highways
and including trailers and semi-trailers pulled thereby.
A person who occupies and exercises control of real estate
in the Borough of North East as an owner, tenant, trespasser, or otherwise.
An outdoor fire that is not contained within a fireplace,
stove, grill, incinerator, fire ring, chiminea, or similar device.
A person who holds legal or equitable title to real estate
in the Borough of North East.
A natural person, firm, partnership, association, corporation,
or other legal entity.
A parcel of real estate in the Borough.
A nuisance that is maintained on an intermittent but recurring
basis so that the nuisance exists more than one day out of any continuous
twelve-month period.
The following conditions existing within the Borough of North
East are hereby declared to be common nuisances and prohibited:
A.
Vegetative growth:
(1)
Any grass or weeds or any vegetation whatsoever, not edible or planted
for some useful or ornamental purpose, allowed to grow or remain upon
such premises so as to exceed a height of six inches, nor shall the
following be permitted to grow within the Borough of North East: sumac,
hogweed, burdock, goldenrod, ragweed.
(2)
Any vegetation whatsoever that is planted or allowed to grow or remain upon such premises for edible or ornamental purposes that is not trimmed or otherwise maintained to avoid 1) encroachment upon public rights-of-way or adjacent properties; 2) the risk of injury to person or property from falling limbs or other debris; or 3) obstruction of visibility at intersections as provided under § 500-19D of Chapter 500, Zoning, of this Code of the Borough of North East and related provisions.
B.
Refuse accumulation: accumulations of garbage and household refuse
that are not contained in watertight metal or plastic containers and/or
have been held for a period in excess of two weeks.
C.
Accumulation of junk: accumulation or storage of appliances, machinery, equipment, construction materials, scrap metal, and salvage materials in the open, unless in a junkyard, salvage facility, or recycling center which is in compliance with the provisions of Chapter 500, Zoning.
D.
Early placement for refuse collection: placement of garbage or household refuse, whether or not in containers, at the curb for pickup prior to the times set forth in § 382-15 of Chapter 382, Article II, Garbage and Refuse Collection.
[Amended 1-3-2012 by Ord. No. 871; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
E.
Junk car: maintenance or storage of an unlicensed motor vehicle, an uninspected motor vehicle, or a motor vehicle which is unable to move under its own power in the open on private property except in: a junkyard or salvage facility; or new or used car dealership; or automotive repair facility which is in compliance with Chapter 500, Zoning.
[Amended 12-7-2015 by Ord. No. 885]
F.
Open fires: maintenance of an open fire.
G.
Disposal by burning: burning of junk, trash, construction debris,
or any recyclable materials for the purpose of disposal of same.
H.
Improper placement of vegetative material for collection: deposit
of grass clippings, tree clippings, brush, and other vegetative material
for collection by the municipality within the right-of-way of any
public highway in areas other than berms located between the sidewalk
and the paved portion of the street.
I.
Snow removal deposited on sidewalks and streets: deposit of snow
and ice removed from private property by any means whatsoever upon
the sidewalks and streets of the Borough located within the public
right-of-way.
J.
Failure to remove snow and ice from sidewalks: the failure to remove
accumulations of snow and ice by the owner or occupant of premises
abutting sidewalks from the sidewalk within 12 hours of the deposit
of said snow or ice upon the sidewalk by artificial or natural means.
The Code Enforcement Officer is hereby authorized to inspect
private and public premises in the Borough to determine if a common
nuisance is maintained thereat.
A.
Upon the determination by the Code Enforcement Officer that a common
nuisance is maintained upon a premises, the Code Enforcement Officer
shall serve the owner and occupant of the premises with an initial
written notice that a nuisance is maintained at the premises and requiring
abatement of said nuisance within 72 hours. Said notice shall be served
upon the owners and occupants of the premises by regular mail. In
the event that the nuisance is not abated within the seventy-two-hour
period provided for under the initial notice, the Code Enforcement
Officer shall send a second final notice by certified and regular
mail requiring the abatement of the nuisance within 48 hours and an
"order to abate" notice posted in a conspicuous site at the premises.
The Code Enforcement Officer may extend the period for abatement in
his discretion to a period not in excess of 10 days. No notice of
abatement is required if the Code Enforcement Officer has issued a
notice with respect to the maintenance of the same type of nuisance
within 12 months of the date of the final notice with respect to the
same premises if the nuisance is maintained on a continuous or recurring,
intermittent basis during 12 months following the initial notice.
B.
Hearing. A person who considers himself to be aggrieved by the decision
of the Code Enforcement Officer may, within the period established
for abatement, file an appeal requesting relief from the notice of
abatement, which appeal shall be heard by the Borough Council at its
next regularly scheduled meeting after the appeal is filed. Enforcement
of the notice of abatement shall be stayed until Council acts upon
the appeal. In the event that the notice is sustained by Borough Council,
the maintenance of the nuisance during the appeal period shall be
subject to the penalties provided hereafter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Upon the failure of an owner or occupant to abate a nuisance within
the required period after notice as required above, or the resumption
of an intermittent recurring nuisance after notice within the preceding
12 months, said owner or occupant shall, upon conviction in a summary
proceeding under the Pennsylvania Rules of Criminal Procedure, be
guilty of a summary offense and shall be punishable by a fine of not
more than $1,000, plus court costs and reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings. Upon
judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
Borough correctional facility for a period not exceeding 10 days or
to the county correctional facility for a period not exceeding 30
days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Erie County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If the owner does not comply with the notice to abate the conditions,
within the time limit prescribed or resumes a nuisance on an intermittent
recurring basis, the Borough shall have the authority to take measures
to correct the conditions and collect the cost of such corrections
plus 10% of all costs. The Borough, 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.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
chapter.
The remedies provided herein for the enforcement of this chapter,
or any remedy provided by law or any other ordinance of the Borough,
shall not be deemed mutually exclusive; rather they may be employed
simultaneously or consecutively, at the option of the governing body.
