As used in this article, the following terms shall have the
meanings indicated:
Any use of property within the Borough, or any condition
upon property within the Borough that, other than infrequently, causes
or results in: annoyance or discomfort to persons beyond the boundaries
of that property; interference with the health and/or safety of persons
beyond the boundaries of that property or of persons who might reasonably
be expected to enter upon or be in that property; and/or disturbance
to or interference with the peaceful use of the property of others
within the Borough, in any case taking into consideration the location
of the use or condition and the nature and condition of the surrounding
neighborhood. Specifically, the word "nuisance" shall include, but
not be limited to, the following:
The accumulation or storage of junked, abandoned discarded vehicles,
trailers, boats, appliances or household furnishings or parts thereof.
Loud playing of radios, television sets, amplifiers and other
sound devices so as to be heard beyond the premises from which the
same shall emanate, including vehicles. All bands and dances must
cease at 12:00 midnight. This includes street dances, bars and fire
hall.
Keeping or harboring any dog or other animal or fowl which,
by frequent howling or barking or other noise or odor which shall
annoy or disturb the neighborhood or a number of persons, to include
noises, cause by human or electronic device emanating from buildings
or places of business.
The maintenance of any structure, equipment or device or accumulated
debris and materials in such a condition as to allow the same to harbor
dangerous rodents or other vermin.
The storage, accumulation or depositing of any abandoned or
used building material of any kind.
The appearance of any sewage, toilet, kitchen and laundry wastes
on the surface of the ground or in or reaching to any creeks, streams,
or bodies of water or sources of water supply.
The conducting of any noxious or offensive manufacture, business,
or other activity by reason of odor, dust, fumes, smoke, gas, vibration,
illumination or noise.
Creating smoke to such an extent that the smoke is an annoyance
or discomfort to persons beyond the boundaries of that property.
Creating or maintaining "attractive nuisances," which is the
leaving of dangerous instrumentality which by its character is dangerous
and attractive to children and in a place frequented by children.
The failure to take steps and perform maintenance to buildings
or structures to ensure the property is safe, sound, sanitary and
secure and does not present a health or safety hazard to surrounding
properties or to the general populace.
As used in this article, the following words or phrases shall
have the meaning ascribed to them in this section:
Any item resting for 96 hours or more and which is inoperable,
without current registration plates, certificate, or inspection, or
in such a condition as to be unusable.
A stove, refrigerator, television, furnace, water heater,
water softener, washer, dryer or mangle, household articles used to
perform any of the necessary work in a household, and articles used
in business to increase production or to speed, ease or eliminate
work.
Any vessel capable of transporting a person on any river,
stream, creek, lake or ocean.
Any item resting for 96 hours or more with no known or apparent
owner.
Includes all items normally found and used in a home.
Items sold or to be sold for scrap, being stripped or being
used or sold for parts.
A natural person, the members of an unincorporated association,
all the partners of a partnership and the officers and board of directors
of a corporation.
A wheeled device used as a means of carrying, hauling or
conveying any vehicle, person, animal, object or boat.
An automobile, motorcycle, minibike, bicycle, go-cart, truck
or other wheeled means or conveyance, motorized or self-propelled.
If the Council of the Borough of Mt. Jewett determines that any person, partnership, association, or corporation is carrying on any of the above prohibited activities so as to constitute a nuisance in entity in default. Thereupon, Council shall collect the cost and expense of the abatement or removal from the person or other entity who created, continued, caused or maintained the nuisance and/or permitted it to exist, that person or entity having failed, neglected or refused to remove or abate the nuisance, with an additional amount of 10%, in the manner provided for the collection of municipal claims, or by an action in assumpsit, provided the cost and expense may be in addition to any penalty imposed under § 318-5 of this article.
All prosecutions of this article shall be brought in the name
of the Borough of Mt. Jewett before any Magisterial District Judge
and shall be commenced by information and warrant, citation, or complaint
and summons and shall be directed to and be served by a constable
or other proper person. Warrants shall be returnable forthwith and
upon such return like proceedings shall be had as in case of summary
convictions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a 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 McKean County.
This article shall not be construed to be the sole means for
abatement of nuisances within the Borough, and nothing shall preclude
any person from proceeding individually or with other injured persons
to effect the abatement of a private nuisance. Furthermore, in the
exercise of the powers conferred in this article, the Borough may
institute proceedings in equity.
All fines levied, assessed, and paid under the terms of this
article shall be payable by the Magisterial District Judge or such
other judicial officer to the Borough of Mt. Jewett for the general
use of the Borough or as otherwise provided by law.
