[HISTORY: Adopted by the Board of Supervisors of the Township of Germany 6-8-2020 by Ord. No. 57.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 113, Property Maintenance, adopted 10-1-1990 by Ord. No. 22.
A. 
For the purpose of this chapter, the following terms, 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 tense, words in the plural include the singular, and words in the singular include plural.
B. 
Terms not defined. Where terms are not defined in this chapter, such terms shall have ordinarily accepted meanings such as the context implies.
C. 
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
A motor vehicle left illegally or inoperable on public property for more than 48 hours; or any motor vehicle left unattended along a highway for more than 48 hours without a valid registration plate, certificate of inspection or title. This definition does not include construction vehicles and equipment used or to be used or in operation of maintenance of public utility facilities, left in a manner to not interfere with normal movement of traffic or pose any threat or hazard to the normal movement of traffic.
ABATE
To repair, replace, remove, destroy or otherwise remedy a condition which constitutes a violation by such means, in such manner and to such extent as the Township determines necessary in the interest of the general health, safety and welfare of the Township.
APPLIANCE
A stove, refrigerator, television set, furnace, air conditioner, water heater, water softener, washer, dryer, microwave or any household article used to perform any of the necessary domestic work in the household. The term "appliance" shall also include any article used in business to increase production or to speed, ease, or eliminate work, including, but not limited to, the specific items aforementioned.
ATTRACTIVE NUISANCE
A nuisance that is dangerous or hazardous to young children because of their inability to appreciate peril and may reasonably be expected to attract them to personal or real property. Attractive nuisances include, but are not limited to, any appliance, open pit, excavation site, unsecured unsound structures (such as buildings, fences, retaining walls), large equipment, equipment parts, abandoned vehicles, as well as any other building, structure, construction or demolition debris or item at a property that could reasonably be expected to cause a hazard to minors.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Germany.
DANGEROUS STRUCTURE
Any building or structure which is unsecured or is in such a dilapidated condition that it is unfit for human habitation or kept in such an unsanitary condition that it is a menace to the health of persons residing in the vicinity thereof, or is in a condition that presents a fire hazard; or any building so damaged by fire, wind, other natural causes, lack of maintenance, deterioration or decay such that the structure or a part thereof could fail or cause injury to any person or adjoining property or otherwise pose a threat to the Township.
DISCARDED
Any item resting for 48 hours outdoors or in an area that is not fully enclosed, which is not designed for outdoor use or which is not being used outdoors for its intended purpose.
HAZARD
Any object, situation, or behavior that has the potential to cause injury, ill health, or damage to property or the environment.
HOUSEHOLD FURNISHINGS
All items normally found and used in a home or residence.
JUNK VEHICLE
Any wrecked, inoperable, abandoned or disassembled motor vehicle, trailer, house trailer (mobile home), tractor, boat, ATV/UTV, motorcycle, motor scooter, go-cart or other vehicle or part(s) thereof not being used for their intended purpose; vehicles that appear inoperable, immobile, disassembled or extensively damaged. Evidence of damage or inoperability includes, but is not limited to: buildup of debris obstructing use, broken window(s) or windshield, missing wheel(s), flat tire(s), nonfunctional motor or transmission, missing bumpers or other parts essential for safe and legal operation of said vehicle on a highway, and missing license plate(s) or certificate of inspection.
JUNKED
Inoperable, obsolete, or abandoned items that are being stripped of components, being used or sold for parts, to be sold for scrap, or not being used for their intended purpose.
NUISANCE
The unreasonable, unwarranted, or unlawful use of public or private property which may cause injury, damage, hurt, inconvenience, annoyance, or discomfort to any person or resident in the legitimate enjoyment of his reasonable rights of person or property; or any act or omission to act or perform any duty which injures or endangers the comfort, health or safety of others, is unreasonably offensive, or obstructs, disrupts, or interferes with the free use of public or private property by any lawful owner or occupant, including, but not limited to:
(1) 
The presence of junk, trash or debris, including, but not limited to, all waste, refuse and discarded materials having only a junk or salvage value, and garbage or waste not contained in a safe, sanitary and orderly manner in a proper container for collection.
(2) 
The presence of abandoned, discarded or unused equipment, appliances, household furnishings, vehicles, construction or demolition materials, or other objects.
(3) 
Maintaining or causing to maintained upon any unenclosed porch or exterior attachment furniture, other than furniture designed for exterior use, which is commonly intended for use inside a dwelling, including, but not limited to, upholstered sofas, chairs, davenports, beds, divans and similar items.
(4) 
Maintaining or allowing any dangerous structures, including, but not limited to, abandoned, occupied, or unoccupied buildings or parts of buildings.
(5) 
Maintaining or allowing any building to be unsecured.
(6) 
Trees, shrubs, or other vegetation overhanging a road right-of-way or neighboring property.
(7) 
Garbage, garbage containers, trash, recycle containers or yard waste containers, placed in the public right-of-way, except for the 24 hours immediately prior to the regularly scheduled collection of trash.
(8) 
Maintaining or allowing the improper disposal of sewage and wastewater in a manner that does not conform to local ordinance or regulation or state or federal law.
(9) 
Maintaining or allowing more than one junk vehicle.
(10) 
The emission of noxious fumes, gas, smoke, ashes or soot in such quantities as to render occupancy of property dangerous to a person of ordinary sensibilities.
(11) 
The accumulation of, or improper disposal of, animal waste.
(12) 
All disagreeable and obnoxious odors or stenches, as well as the conditions which give rise to the omission or generation of said odor and stenches.
(13) 
The improper disposal of carcasses of animal or fowl.
(14) 
Dead or dying trees or other vegetation that may cause a hazardous situation if they fall.
(15) 
Any accumulation of stagnant water.
(16) 
An attractive nuisance.
OWNER
Any individual, firm, corporation, trust, association, partnership, or other legal entity which, alone, or jointly or severally with others, holds legal or equitable title to the rental unit (the plural use indicates each and every owner).
PERSON
A natural person, firm, partnership, company, association, trust, corporation, or other legal entity. The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter, whatever appropriate.
PORCH or EXTERIOR ATTACHMENT
Any area attached to or appended to a building regularly used for dwelling.
TOWNSHIP
The Township of Germany, Adams County.
VEGETATION
Any grass, weed, or vegetation whatsoever which is not edible or planted for some useful, legal or ornamental purpose.
A. 
It shall be unlawful for any person to create, maintain, or allow any condition which is a nuisance.
B. 
It is further declared unlawful to store, accumulate or keep outdoors on any property any scrapped or used appliances, household furnishings, unusable machinery, or machinery parts or any other form of discarded, unused, or unusable materials which, by their appearance, are unsightly.
C. 
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, sump pumps, swimming pools, privies, or cesspools of any kind or nature whatsoever, 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 unto or upon any said highway, road, street, avenue, lane or alley, or from any property into or upon any adjoining property.
D. 
Draining or flowing, or allowing to drain or flow, any water or drainage from within a dwelling situate upon property along a 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.
E. 
Burning of garbage, tires, tar products, or construction material.
F. 
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 six inches, or permitting any such grass, weeds, or any vegetation to throw off any unpleasant or noxious odor.
(1) 
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.
(2) 
Note: The provisions of this subsection do apply to the growth of Canadian thistle and Johnson grass.
(3) 
Any growth listed or any tree or bush shall not be placed/planted so near an intersection as to interfere with the site distance of motorists using said intersection. Additionally, existing listed growth, tree or bush, shall be maintained such that it does not interfere with the site distance of motorists using said intersection.
G. 
Permitting or allowing any well or cistern to be, or remain, uncovered.
H. 
Interfering with the flow of a stream, creek or other waterway by means of a dam or other construction, unless authorized by law.
I. 
Removing the embankment of a stream so as to alter the natural flow of the stream.
J. 
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.
K. 
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 by a barricade, temporary fence, or other protective materials.
A. 
Abatement of nuisance by owner, occupant, or person responsible. Whenever a nuisance is found to exist, the owner or occupant of the property upon which such nuisance exists or the person causing or maintaining the nuisance shall be provided with written notice as provided herein to abate the nuisance. The nuisance shall be abated by the owner, occupant, or person causing the nuisance, as applicable, within the time required in the notice. Any nuisance which constitutes a hazard shall be abated immediately. Nuisances involving items listed in § 113-2F shall be abated within seven days, unless same constitutes a hazard. All other nuisances shall be abated within 20 days.
B. 
Abatement of nuisance by Township. In the event the owner, occupant, or person causing the nuisance, as applicable, shall fail to abate said nuisance after notice has been given and the allowed time frame has expired, the Township shall take such actions as it deems necessary to abate said nuisance without liability for damage that may result from the abatement. The actual costs of abating said nuisance, including, but not limited to, actual labor charges, equipment, rental charges, administrative overhead, postage, plus a penalty of 10% of the costs and attorneys' fees, shall be collected from the owner of the property either by an action in assumpsit or by the filing of a municipal lien against the said real property. In addition to the above, the Township may, at its sole discretion, by an action in equity, compel the owner to comply with this chapter or seek relief as a court may order.
A. 
Whenever a condition constituting a nuisance is permitted or maintained in the Township, the Board of Supervisors or the Code Enforcement Officer shall cause written notice to be served at minimum in one of the following manners:
(1) 
By personal delivery of the notice to the owner, occupant, or person causing the nuisance, as applicable; or
(2) 
By leaving the notice with an adult upon real property upon which a nuisance exists; or
(3) 
By posting a copy of the notice on a door at the entrance of any building and/or structure located on real property upon which a nuisance exists; or
(4) 
By mailing, by certified mail, a notice to the last known address of an owner, occupant, or person causing the nuisance, as applicable. This manner of service shall be used in addition to any other manner of service as listed above.
B. 
Such notice shall be in writing and include the following:
(1) 
A description of the real property, sufficient for identification, upon which the nuisance exists.
(2) 
A statement of the condition or conditions that constitute a nuisance and why the notice is being issued.
(3) 
A correction order listing a time frame to abate the nuisance.
(4) 
A statement informing the owner, occupant, or person causing a nuisance that if said nuisance is not abated within the given time frame on the notice, a ticket and/or a nontraffic citation will be issued.
(5) 
A statement informing the owner, occupant, or person causing a nuisance that if it becomes necessary for the Township to abate the nuisance, the Township may file a municipal lien against the applicable real property in accordance with the Municipal Claims Act, 53 P.S. § 7101 et seq.
C. 
The Code Enforcement Officer is hereby duly authorized to issue a ticket in a form established by the Township to any owner, occupant, or person causing a nuisance, as applicable, violating the provisions of this chapter. The ticket shall identify the address of the property where the violation exists as well as the nature of the violation. The ticket may either be handed to an owner or occupant of the property or may be affixed to a door on the property where the violation exists fronting a right-of-way or conspicuously posted on the property. A copy of the ticket shall also be sent to the violator via certified mail.
D. 
If the violator has not abated or removed the nuisance within the time period for the removal set forth in the notice, the Township may initiate proceedings against such violator in the office of the appropriate Magisterial District Justice.
E. 
For violations of a serious or hazardous nature, the Township may immediately, upon giving notice to the violator of the violation verbally or in person but prior to mailing said notice, proceed to issue/file a nontraffic citation to the violator without first issuing a ticket.
A. 
Any person violating any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus costs of prosecution, including, but not limited to, reasonable attorneys' fees and restitution (in the event that the Township has abated the nuisance), or upon default of payment of fines, costs and/or restitution, by imprisonment for a period not to exceed 10 days.
B. 
Each day shall constitute a new and separate violation of this chapter.
The remedies provided herein for the enforcement of this chapter and/or any other remedy, at law and/or in equity, available to the Township under the laws of the Commonwealth of Pennsylvania shall not be deemed mutually exclusive, but rather each remedy may be employed simultaneously or consecutively, at the sole discretion of the Township.
All provisions of previous ordinances of the Township of Germany which are contrary to this chapter are expressly repealed.
In all other respects, the ordinances of the Township of Germany shall remain as previously enacted and ordained.
The provisions of this chapter are severable; and if any of its sections, clauses, or sentences shall be held illegal, invalid or unconstitutional, such provision shall not affect or impair any remaining sections, clauses or sentences of the same.
This chapter shall become effective upon adoption.