[HISTORY: Adopted by the Borough Council of the Borough of
Carlisle 6-13-2019 by Ord. No. 2335, approved 6-13-2019. Amendments noted
where applicable.]
This chapter is enacted pursuant to the power of Borough Council
to prohibit nuisances in accordance with the Borough Code, 8 Pa.C.S.A.
§ 1202(4), and to establish regulations necessary for the
health, safety, general welfare, comfort and safety of the Borough
of Carlisle pursuant to 8 Pa.C.S.A. § 1202(5).
Borough Council deems it best for the health, general welfare,
cleanliness and safety of the Borough, its residents and visitors,
to adopt an ordinance related to certain nuisances, and finds:
A.
That the existence of grass, weeds and similar vegetation in excess
of the height specified in this chapter creates a danger because such
condition provides a haven for insects, rodents, vermin and animals
and otherwise creates unhealthful and unsafe conditions;
B.
That buildings and structures, including, but not limited to, residences,
dwellings, garages, sheds, barns, commercial buildings and industrial
buildings, which have been damaged by wind, fire or other causes,
become dilapidated, decayed, unsafe and unsanitary so as to become
uninhabitable, are dangerous to life and safety of occupants, neighbors
or other people in the Borough; and
C.
That the accumulation of trash, garbage, rubbish, combustible or
noncombustible waste material, including but not limited to paper,
rags, boxes, cartons, tree branches, yard trimmings, glass, metal,
cans, equipment, appliances, parts, animal or vegetable waste, litter
and/or plastic, on public or private property provides a haven for
insects, rodents, vermin, vectors and animals, negatively affects
property values, creates odors, health issues and fire hazards dangerous
to the life, health and safety of occupants, neighbors and other people
in the Borough.
The following words and phrases when used in this chapter shall
have the meanings ascribed to them in this section:
The Borough of Carlisle.
The Borough Council of the Borough of Carlisle.
A structure, either temporary or permanent, used or occupied
as a roofed shelter without walls or a roofed enclosure with walls
for persons, animals or property. The word "building" shall be construed
as if followed by "or any part thereof."
All buildings or structures, including, but not limited to,
residences, dwellings, garages, sheds, barns, commercial buildings
and industrial buildings, which have one or more of the following
defects:
Those which have been damaged by fire, wind or other cause so
as to fail to provide the amenities essential to decent living and
are unfit for human habitation;
Those which have been damaged by fire, wind, or other cause
so as to have become dangerous to the life and safety or the general
health and welfare of the occupants or other people of the Borough;
Those which have become or are so dilapidated, unsafe, unsanitary,
or which fail to provide the amenities essential to decent living
are likely to cause accidents, sickness, or disease, so as to incur
injury to the health, safety, or general welfare of the people of
the Borough;
Those which have parts thereof which are so attached that they
might fall and injure members of the public or cause damage to adjoining
property; or
Those which because of their general condition are unsafe, unsanitary,
or dangerous to the health, safety or general welfare of the citizens,
residents and visitors to the Borough.
A natural person, firm, partnership, limited partnership,
limited liability partnership, limited liability corporation, association,
corporation, trust or other legal entity.
Combustible and noncombustible waste material, garbage; the term shall include residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, rubber, leather, tree branches, yard trimmings, tin or metal cans or containers, metals, mineral matter, glass, crockery dust, construction debris, household items not intended for exterior use, as well as those items listed in § 160-2C, above, and other similar materials.
A man-made object having an ascertainable, stationary location
on or in land or water, whether or not affixed to the land, or something
located on the land. The word "structure" shall include buildings,
fences, walls, towers, swimming pools, porches, garages or the like,
or any part thereof.
A.
Dangerous structures are hereby declared to be a public nuisance
and shall be repaired, vacated, secured and/or demolished.
B.
Weeds or similar vegetation and/or grass more than six inches high
permitted to remain standing in any vacant or occupied lot, yard or
other place (excluding grass grown for feed or browse for grazing
livestock, for hay or silage where agricultural use is lawful) is/are
hereby declared to be a public nuisance and shall be removed, trimmed
and/or mowed.
C.
The storage or accumulation of rubbish is declared to be a nuisance,
excepting any small quantity of normal household solid waste properly
stored in an appropriate, airtight container on a temporary basis
for purposes of its immediate later proper removal and disposal, and
further excepting compost for use on the property where composting
is performed.
A.
Notice. Whenever a condition constituting a nuisance is maintained,
the Borough Code Enforcement Officer, or his or her designee, shall
cause written notice to be served upon the owner and the occupant
of the property, if applicable, in one of the following manners:
(1)
By making personal service or delivery of the notice to the owner,
and, if applicable, to the occupant of the premises; or
(2)
By mailing a copy of the notice to the last known address of the owner, and, if applicable, the occupant, by United States certified mail, return receipt requested, and also by mailing a copy of said notice by United States first-class mail, as evidenced by a postal certificate of mailing. The notice required by this section shall be sent to the owner or owners at the last known address according to the real estate tax records of the Borough. If the copy mailed by certified mail is returned to the Borough as being refused, unclaimed or for any other reason other than it was not properly addressed or that it lacked proper postage, and the mailing of the notice by regular first-class mail was not returned, service by mail under this Subsection A(2) shall be considered properly accomplished.
(3)
In addition to service of the notice being given by either Subsection A(1) or (2), above, service shall be made by posting a copy of the notice and order in a conspicuous place visible to the public and to any owner or occupant of the property on the property which is the subject of the notice and order.
B.
Order to correct. Such notice shall contain an order to correct which
shall include:
(1)
A description sufficient to identify the condition and location of
the condition;
(2)
An order to such owner and/or occupant to take action to correct
the condition within a specified time no less than within 10 days
after the date of the notice and, thereafter, to comply fully with
its terms and the notice with reasonable diligence as is deemed necessary
by the Borough to correct the condition under the circumstances;
(3)
A warning substantially to the effect that if the condition is not
corrected within the time fixed in the order, the failure to correct
the condition could result in the imposition of a fine, court costs
and legal fees, and, in addition, could result in the condition being
abated by the Borough as a public nuisance at the cost and expense
of the owner of the property; and
(4)
Both the owner and the occupant shall be responsible for carrying
out or complying with the order.
Enforcement of any violation of this chapter shall be by an
action brought before a Magisterial District Judge in the same manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure. Any person who shall violate any provision
of this chapter, upon conviction thereof, shall be sentenced to pay
a fine in an amount not to exceed $1,000 per violation and the costs
of prosecution, and, in default of payment of such fine and costs
of prosecution, shall undergo imprisonment of not more than 90 days;
provided, further, that each day's continuance of a violation
shall constitute a separate offense.
The Borough, upon direction of the Borough Manager or Borough
Council, by means of a complaint in equity in the Court of Common
Pleas of Cumberland County, may compel the owner and, if applicable,
the occupant of the premises, to comply with the terms of any notice
of violation, or otherwise may seek any such other relief, including
all costs of suit and legal fees.
In addition to any other penalties and remedies set forth in
this chapter, any owner who shall create, continue, maintain, or permit
a nuisance as declared in this chapter on their or its premises within
the Borough, as applicable, and/or permits such conditions to exist
and continue unabated, shall within 10 days or such greater reasonable
time as determined by the Code Enforcement Officer or his or her designee,
after notice and order to do so, legally remove the same and legally
dispose of any rubbish or debris from the same as required by law
or ordinance, as applicable. If such owner shall fail, neglect or
refuse to comply with the provisions of the notice and order within
the time limit set forth, the Borough shall have the authority, in
person or by their agents and/or employees, to abate the nuisance,
and in so doing shall have authority to enter upon the property of
such person in default, and thereupon the Borough shall collect the
cost and expense of such removal from any owner who created, continued,
caused, maintained or permitted such violation to exist, by the filing
of a municipal claim in the manner provided by law for the collection
of municipal claims or by a civil action. In addition to such costs
and expenses, such claim shall include a penalty of 10% of such costs
and expenses, attorney's fees, interest and filing costs as provided
by law for municipal claims.
The imposition of the remedies or penalties in this chapter
are not exclusive, but cumulative, and the exercise of one remedy
or penalty shall not preclude the Borough from instituting an appropriate
action in law or equity, or taking appropriate action under this chapter
or otherwise, to restrain, correct or abate the violation.
