The Council of the Borough of Blawnox, Allegheny County, Pennsylvania,
finds that the removal of nuisances is in the interest of the citizens
of the Borough and that the removal of nuisances promotes the public
health, safety and welfare of all residents of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED MOTOR VEHICLE
Any unregistered or uninspected motorized vehicle which is
without a currently valid license plate or plates and/or is in a rusted,
wrecked, discharged, dismantled, partly dismantled, inoperative or
abandoned condition.
ATTRACTIVE NUISANCE
A condition, building, or instrumentality on a premises which
is dangerous to young children because of their inability to appreciate
peril and which may reasonably be expected to attract them to the
premises.
DANGEROUS BUILDING
Any building, structure or portion thereof which threatens
the health, safety or property of the public or its occupants by reason
of inadequate maintenance, dilapidation, obsolescence, fire hazard,
damage or abandonment. The conditions which may cause a structure
to be classified as a "dangerous building" include but are not limited
to the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Those existing in violation of any provisions of the Pennsylvania Uniform Construction Code, Chapter
410, Property Maintenance, of the Code of the Borough of Blawnox, or any other ordinance of the Borough of Blawnox.
B.
Conditions of deterioration, damage, decay, or faulty construction
of a building or structure, or any part thereof, which could lead
to partial or complete collapse.
C.
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle third of its base.
D.
Those which, exclusive of the foundation, show damage or deterioration
to 33% of the supporting member or members or damage or deterioration
to 50% of the nonsupporting enclosing or outside walls or coverings.
E.
Those which have improperly distributed loads upon the floors
or roofs in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the proposed use.
F.
Conditions present in any room, hallway, stairway or other area
that render a safe and adequate means of exit in case of emergency
as completely or partially inaccessible.
G.
The building or structure is not sufficiently secured to prevent
access by children, transients, vagrants, or animals who might try
to gain access.
H.
The building or structure used or intended to be used for dwelling
purposes is unsanitary, unfit for human habitation or in such condition
that it is likely to cause sickness or disease because of inadequate
maintenance, dilapidation, decay, damage, faulty construction, or
inadequate sanitation facilities.
I.
The building or structure creates a fire hazard by virtue of
its obsolescence, dilapidated conditions, deterioration, damage or
other cause.
J.
Any portion of the building, including the basement, foundation,
slab or grade, which remains on a site after the demolition or destruction
of the building and which constitutes an attractive nuisance, harbors
vermin, retains water, or poses any hazard.
NUISANCE
Any condition or use of buildings or premises which is detrimental
to the property of others or which causes or tends to cause diminution
in the value of other property in the surrounding neighborhood, or
which constitutes a threat to the health or safety of the public.
This includes, but is not limited to, any of the following:
A.
The keeping, depositing, or scattering of any junk, trash, or
debris.
B.
The keeping or depositing of abandoned, discarded or unused
objects or equipment, such as unregistered or uninspected motor vehicles,
furniture, or appliances.
C.
The presence of any dangerous structures, buildings, or parts
of buildings, whether abandoned or occupied.
D.
The presence upon any porch or exterior attachment that is substantially
exposed to the elements of furniture which is commonly intended for
use inside a dwelling, including but not limited to upholstered sofas,
chairs, beds, and the like, but excluding furniture that is clearly
designed for exterior use.
E.
Weeds, grass or other uncultured vegetation not edible or planted
for some useful or ornamental purpose, more than six inches in height
when measured from the surface of the ground, provided that scattered
weed growth on lawns occurring between mowing shall not constitute
a nuisance.
F.
Trees, shrubs, hedges or other vegetation overhanging sidewalks
or other pedestrian walkways at a height less than eight feet.
G.
Trees, shrubs, hedges or other vegetation overhanging a road
right-of-way at a height of less than 16 feet, measured from the street
surface at the curb.
H.
Garbage, garbage containers, or trash stored in the front of
a building on a porch or front yard, except for the 24 hours immediately
prior to and following the regularly scheduled collection of trash.
I.
Harboring or providing shelter for any animals, either domestic
or wild, in such a way that the number of animals or conditions present
constitute a threat to the health and safety of the public or the
animals themselves.
J.
The keeping as pets, raising and/or farming of domesticated
birds, including, but not limited to, chickens/roosters, ducks or
turkeys.
[Added 11-12-2020 by Ord. No. 613]
OWNER
Any person having an ownership interest or right of use as
tenants, lessees and/or occupants of real property within the Borough.
PERSON
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
Nuisances, as defined herein, are hereby declared to be illegal.
[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 conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings, plus costs of restitution in a case in which the Borough
has abated the nuisance. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the county correctional facility for a
period not exceeding 30 days. Each day that such 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 Allegheny County.
All prior ordinances or parts thereof which are inconsistent
with this chapter are hereby repealed.
If any provision or part of this chapter is for any reason found
to be unconstitutional, illegal or invalid, such provision or part
shall be excluded from the chapter and shall not affect or impair
any remaining provision or part of the chapter.
This chapter shall become effective on the date of adoption.