[Adopted 2-19-1991 by Ord. No. 1215]
For the purpose of this article, the following definition shall apply:
DANGEROUS OBSTRUCTIONS
Any tree, structure, trash, debris or other structure or thing which exists was placed, dumped or which has fallen or is likely to fall during a subsequent flood or windstorm at a location within or along a watercourse, streambed or creek, where said obstruction could cause interference with or a diversion of the stream flow or creek or could become waterborne during periods of heavy runoff.
From and after the passage and approval of this article, all owners and occupiers of property within the Borough through whose property streams, creeks, or watercourses flow are required to remove from same all dangerous obstructions, including all trash, debris or other structure or things, which impede the flow of water through the stream, creek or watercourse.
All dangerous obstructions, trees, structures, trash, debris or other structure or thing which exists was placed, dumped or which has fallen or is likely to fall during a subsequent flood or windstorm at a location within or along a watercourse, streambed or creek, where said obstruction could cause interference with or a diversion of the stream flow or creek or could become waterborne during periods of heavy runoff within Etna Borough are hereby declared to be a nuisance.
The Borough Engineer and the Building Inspector are hereby authorized to make such inspections and take such action as may be required to enforce the provisions of this article.
The Borough Engineer and the Building Inspector shall inspect all trees, structures, and other things within and adjacent to all streams, creeks, channels and watercourses within the Borough to determine whether or not such things constitute a dangerous obstruction, as defined herein.
Whenever it shall be ascertained by the Borough Engineer or Building Inspector that any owner or occupier of any real estate in Etna Borough has failed or neglected to comply with any of the terms of this article, the Building Inspector shall cause a written notice to be served upon the owner or occupier, by personal service or by United States Mail, directing the owner or occupier to comply with all the terms of this article within five days. If the premises are vacant, service of such notice shall be made by posting a copy thereof in a conspicuous place on the premises and mailing a copy of such notice by certified mail to the owner or owner's last known post office address.
In the event of the failure of the owner or occupier of said real estate within the Borough of Etna to remove such dangerous obstruction within five days after being notified to do so, the Borough of Etna shall remove and abate such dangerous obstruction and bill the owner or occupier for the actual cost thereof, together with a charge of $10.
Before the Borough removes any obstructions under the provisions of this article, the Borough Engineer or Building Inspector shall prepare and file with the Borough Secretary a report setting forth the reasons for finding the existence of a dangerous obstruction. Whenever possible, photographs should also be provided.
In addition to the other penalties provided by this article, the Borough of Etna may institute proceedings in courts of equity to require owners of real estate in the Borough of Etna to comply with the provisions of this article.
The cost of removal, fine and penalties hereinabove mentioned may be entered by the Borough of Etna as a lien against the property in accordance with existing provisions of law.
A. 
It shall be unlawful for any person to remove, deface or mutilate any notice posted pursuant to the provisions of this article; and
B. 
It shall be unlawful for any person to obstruct, impede or interfere with any owner or his agent or with any representative of the Borough when engaged in performing any reasonable act for the execution of any order of abatement issued pursuant hereto.
A. 
Any person, firm or corporation violating the provisions of this article shall, upon conviction thereof before any issuing authority, forfeit and pay a fine of not more than $300 for each offense and, in default of payment, shall be imprisoned for a period not exceeding five days in the county jail.
B. 
Each and every day upon which any owner or occupier of real estate in the Borough of Etna permits a violation to exist shall constitute a separate offense.
The provisions of this article shall be severable, and if any of its provisions shall be held to be unconstitutional or unenforceable for any reason, the validity of any of the remaining provisions of this article shall not be affected.
All ordinances or parts of ordinances conflicting herewith be and the same are hereby repealed insofar as they conflict herewith.