[Ord. 132, 9/13/1988, § 1; as amended by Ord. 231, 10/14/2008]
For the purpose of this Part the following term, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory.
BOARD OF SUPERVISORS
The Board of Supervisors of Old Lycoming Township, Lycoming County, Pennsylvania.
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
NUISANCE
The unreasonable, unwarrantable, or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person or resident in the legitimate enjoyment of his reasonable rights of person or property.
OWNER
A person owning, leasing, occupying or having charge of any premise within the Township.
PERSON
Any natural person, firm, partnership, association, corporation, company, club, copartnership, society, or any organization of any kind.
RUBBISH
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
TOWNSHIP
The Township of Old Lycoming, Lycoming County, Pennsylvania.
VEGETATION
Any grass, weed or vegetation whatsoever, which is not edible or planted for some useful, legal or ornamental purpose.
[Ord. 132, 9/13/1988, § 2]
1. 
Nuisances, including, but not limited to, the following, are hereby declared to be illegal:
A. 
Storing or accumulating the following:
(1) 
Garbage or rubbish.
(2) 
Junk material, including, but not limited to, unused or abandoned machinery, equipment or appliances.
(3) 
Other junk including, but not limited to, any and all forms of waste and refuse of any type of materials, including scrap metal, glass industrial waste and other salvable materials.
B. 
Storing or accumulating abandoned or junked motor vehicles.
C. 
Storing or accumulating more than three antique or collector motor vehicles for restoration which are neither sheltered by a building nor enclosed behind an evergreen or solid fence as permitted by applicable zoning ordinances; or, storing or accumulating in an unorderly fashion three or less antique or collector motor vehicles for restoration.
D. 
Draining or flowing, or allowing to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies, or cesspools of any kind or nature whatever, or any foul or offensive water or foul or offensive drainage of any kind, from property along any public highway, road, street, avenue, lane or alley in the Township into or upon any said highway, road, street, avenue, lane or alley; or from any property into or upon any adjoining property.
E. 
Draining or flowing, or allowing to drain or flow, any water or drainage from within dwelling situate upon property along public highway, road, street, avenue, lane or alley in the Township into or upon the cartway or traveled portion of any said highway, road, street, avenue, lane or alley, except where provision has been made in said cartway or traveled portion for said drainage by means of a drainage ditch or otherwise.
F. 
Burning of garbage, tires, or tar products.
G. 
Maintaining, or causing to be maintained, any dangerous structure, including, but not limited to, abandoned or unoccupied buildings or parts of buildings in a state of dilapidation or disrepair.
H. 
Permitting the growth of vegetation beyond the following restrictions: permitting the growth of any grass, weeds, noxious weeds, or any vegetation whatsoever, not edible or planted for some useful, legal or ornamental purpose, in excess of a height of 12 inches, or permitting any ouch grass, weeds, or any vegetation to throw off any unpleasant or noxious odor, or to conceal any rubbish, garbage, trash or any other filthy deposit.
Exception. The provisions of this subsection pertaining to the permissible height of vegetation within the Township shall not apply to any property which is utilized predominantly for agricultural purposes within the Township.
I. 
Permitting or allowing any well or cistern to be, or remain, uncovered.
J. 
Interfering with the flow of a stream, creek or other waterway by means of a dam or other construction, unless authorized by law.
K. 
Removing the embankment of a stream so as to alter the natural flow of the stream unless the required permits have been obtained.
L. 
Pushing, shoveling, or otherwise depositing snow upon the cartway or traveled portion of any public highway, road or street which is maintained by the Township or by the Commonwealth of Pennsylvania, and allowing same to remain thereon.
M. 
Allowing or permitting any excavation, material excavated or obstruction on or adjoining any highway, street, or road, to remain opened or exposed without the same being secured to a barricade, temporary fence, or other protective materials.
[Ord. 132, 9/13/1988, § 3; as amended by Ord. 231, 10/14/2008]
1. 
Whenever a condition constituting a nuisance is permitted or maintained, the Zoning Officer shall cause written notice to be served upon the owner in one of the following manners:
A. 
By making personal delivery of the notice to the owner.
B. 
By mailing a copy of the notice to the last known address of the owner by certified mail.
C. 
By publishing a copy of the notice in a local newspaper of general circulation within Lycoming County, Pennsylvania, once a week for three successive weeks.
2. 
Such notice shall set forth in what respect each condition constitutes a nuisance, whether removal is necessary and required by the Township, or whether the situation can be corrected by repairs, alterations or by fencing or boarding, or in some way confining and limiting the nuisance such notice shall require the owner to commence action in accordance with the terms thereof within 20 days and, thereafter, to comply folly with its terms with reasonable dispatch, with all material to be supplied and work to be done at the owner's expense; provided, however, if any of the provisions of § 10-102.F, I, L or M is violated, and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.
[Ord. 132, 9/13/1988, § 4; as amended by Ord. 182, 7/9/1996, § 2.M; and by Ord. 231, 10/14/2008]
1. 
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $600 nor more than $1,000 plus costs and, in default of payment of said fine and costs, or other maximum as established by State law, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. Costs to be collected shall include, but not be limited to, the charge of contractors or subcontractors hired, the salaries, overhead, administrative expenses and court costs of the Township.
2. 
The Zoning Officer may direct the removal, repair or alterations, as the case may be, to be done by the Township and to certify the costs thereof to the Township Solicitor, the cost of such removal, repairs or alterations shall be a lien upon such premises from the time of such removal, cutting, repairs and alterations which data shall be determined by the certificate of the person doing such work, and filed with the Township Secretary.
3. 
The Township, by means of a complaint in equity, may compel the owner of the premises to comply with the terms of any notice of violations, or seek any such other relief as any such court of competent jurisdiction is empowered to afford.