[Adopted 2-19-1991 by Ord. No. 1215]
For the purpose of this article, the following definition shall
apply:
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.
