[HISTORY; Adopted by the Board of Supervisors of the Township
of Straban 3-1-2021 by Ord. No. 2021-01. Amendments noted where applicable.]
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 the plural.
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 a household.
The term appliance shall also mean any article used in business to
increase production or to speed, ease, or eliminate work, including
but not limited to the specific items aforementioned.
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.
The Board of Supervisors of Straban Township.
Any building or structure which 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.
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.
All items normally found and used in a home or residence.
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.
The unreasonable, unwarranted, 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 including,
but not limited to:
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.
The presence of abandoned, discarded or unused: equipment, appliances,
household furnishings, or other objects.
Maintaining or causing to be 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.
Maintaining or allowing any dangerous structures, including
but not limited to abandoned, occupied, or unoccupied buildings or
parts of buildings.
Maintaining or allowing any building to be unsecured.
Trees, shrubs, hedges, or other vegetation overhanging sidewalks
or other pedestrian walkways at a height less than eight feet.
Trees, shrubs, 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 or edge of roadway.
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. However, in the event that a property owner, whose garbage
collection occurs at the street frontage, does not have access to
the rear yard of the property by any means other than through the
interior of the structure on the property, the property owner may
make application to the Board of Supervisors for an exemption from
the requirement, that garbage containers remain out of the public
right-of-way. An exemption shall only be granted if the property owner
is able to ensure that: (1) the placement of the garbage container
will not obstruct a clear path of no less than four feet, (2) the
garbage container will not be placed in the cartway, and (3) the garbage
container will be covered tightly with a lid at all times and will
remain in good condition. Under no circumstance shall loose or bagged
trash be permitted in the public right-of-way or front yard of a property
except for the 24 hours immediately prior to the regularly scheduled
collection of trash.
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.
Maintaining or allowing more than one unregistered or uninspected
motor vehicle and/or motor vehicle subject to one or more of the following
defects:
Broken windshields, mirrors, or other glass or plastic with
sharp edges including broken headlamps or tail lamps.
Missing doors, windows, hoods, trunks, or other body parts or
one or more flat or open tires or tubes that could permit or facilitate
harboring of animals and/or infestation.
Any body parts with sharp edges, including holes resulting from
rust, broken grill with protruding edges, loose or damaged metal trim
and clips, broken communications equipment and antenna.
Missing tires resulting in unsafe suspension of the motor vehicle
including suspension on unstable supports.
Disassembled chassis parts apart from the motor vehicle stored
in an unsafe fashion or loose, in or on the vehicle including protruding
sharp objects from the chassis.
Damaged bumpers pulled away from the perimeter of the vehicle.
Any such other defect that may threaten the health, safety,
and/or welfare of the citizens of the Township.
Exemption: A classic or antique vehicle under restoration is
exempt, but such vehicle may not be stored in the front yard of the
property.
Street obstructions. It shall be unlawful to allow the storing,
depositing, or placement of obstructions on or adjoining any highway,
street, or road, such as dumpsters, portable toilets, basketball goals,
yard waste, branches, or leaf piles not during collection weeks. Any
materials on the street in front of a premises shall be removed and
streets cleaned within 24 hours, unless approved and permitted by
Township.
Vehicle-related discharge. It shall be unlawful to allow the
storing or depositing on or adjoining any highway, street, or road,
vehicle fuel, lubricant leaks or spills, radiators, coolants, hydraulic,
liquid related to automotive. Any materials on the street in front
of the premises shall be removed and streets cleaned within 24 hours,
unless approved and permitted by Township.
Sidewalk obstructions. It shall be unlawful for any person to
place on the public sidewalks of the Township any structure or object
which may potentially represent a hazard or obstruction to any able-bodied
or disabled person traversing any portion of such public sidewalk.
This section shall not apply to items left on public sidewalks for
refuse or recycling collection or obstruction for less than 24 hours.
Parking of abandoned vehicles and other prohibited motor vehicles.
It shall be unlawful to park any non-licensed, unregistered, or uninspected
vehicles, or any type of off-road equipment along the highways, streets,
or roads.
Exemption: Trailers connected to tow vehicles may be parked
for loading or unloading for no more than 48 hours. Contractors' construction
trucks and trailers, dumpsters, and other equipment may be parked
for more than 24 hours, but only if approved by the Township.
Safety or protective devices. It shall be unlawful to allow
or permit any construction equipment, dumpsters, excavated material,
or obstruction, on or adjoining any highway, street, or road, to remain
opened or exposed without the same being secured by warning and safety
devices such as lights or reflective materials, barricades, temporary
fences, or other protective materials. When dumpsters and bins are
not in use, the lids shall be closed.
Sports equipment and personal activity. The permanent or temporary
erection of poles, basketball backboards and hoops, hockey or soccer
nets, and/or other recreational or sporting equipment on the street,
sidewalks, or within street right-of-way of Straban Township is prohibited.
The playing of basketball, soccer, hockey, or any sports activity
on the streets or sidewalks located within Straban Township is strictly
prohibited. The Township may remove or relocate any sports equipment
that is a nuisance within the street, sidewalks or right-of-way for
the protection of the public and property.
Unmanned aerial or ground vehicles. It shall be unlawful to
operate on or above streets, any remote-control cars, planes, or any
other remote-control recreational toy or vehicle. Operation of unmanned
aerial vehicles (UAV) and unmanned ground vehicles (UGV) must abide
by all federal and state regulations, and the operator of any UAV
or UGV must have permission of underlining property owner when operated
from surface to 500 feet above ground level (AGL).
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.
The accumulation of, or improper disposal of animal waste, the
improper disposal of the carcasses of animal or fowl, and 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.
Dead or dying trees or other vegetation that may cause a hazardous
situation if they fall.
Any accumulation of stagnant water.
An attractive nuisance.
All byproduct of waste fuels, chemicals, and other products
shall be properly disposed of.
Right-of-way maintenance. All trees and vegetation must be trimmed
and maintained adjacent to and above streets, sidewalks, and rights-of-way,
in accordance with the Township Zoning Ordinance.
Yard waste on Township streets. It shall be unlawful to knowingly
cause grass clippings, leaves, mud, or other debris or waste produced
in conjunction with yard maintenance, gardening and/or yard work or
construction, onto the streets, alleys and other public roads of the
Township.
Animals. It shall be unlawful for any person owning or possessing
any animal to permit the same to run at large. "Running at large"
shall be defined to be the presence of an animal at any place except
upon the premises of the owner, or upon the premises of another with
the consent of the owner of such premises. An animal shall not be
considered running at large if it is on a leash or under control of
a person physically able to control it. It shall also be unlawful
to keep an animal that constitutes a nuisance in terms of noise, health,
or safety hazards.
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), land, or real property.
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.
Any area attached to or appended to a building regularly
used for dwelling.
Straban Township, Adams County, Pennsylvania.
A.Â
It shall be unlawful for any person to create, maintain or allow
any condition which is a nuisance.
A.Â
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 for 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.
B.Â
Abatement of nuisance by Township. In the event the owner, occupant,
or person causing the nuisance, as applicable, shall fail to abate
said nuisance, 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 attorney's fees, shall be collected from the owner of the property
either by an action in assumpsit or by the filing of a municipal claim
or 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 other relief
as a court may order.
A.Â
Whenever a condition constituting a nuisance is permitted or maintained
in the Township, the Code Enforcement Official, or designee thereof,
shall cause written notice to be served in one of the following manners:
(1)Â
By personal delivery of the notice to the owner, occupant, or person
causing the nuisance, as applicable;
(2)Â
By leaving the notice with an adult upon real property upon which
a nuisance exists;
(3)Â
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)Â
By mailing by certified mail, a notice to the last known address
of an owner, occupant, or person causing the nuisance, as applicable.
B.Â
Such notice shall be in writing and include the following:
(1)Â
A description of the real property sufficient for identification,
upon which the nuisance exists.
(2)Â
A statement of the condition or conditions that constitute a nuisance
and why the notice is being issued.
(3)Â
A correction order allowing a reasonable time to abate the nuisance.
(4)Â
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.Â
Notwithstanding the foregoing, if the violator has not abated or
removed the nuisance within the time period for the removal set forth
in the notice, the Code Enforcement Official or a designee thereof
may initiate proceedings against such violator in the office of the
appropriate magisterial district justice. The Code Enforcement Official
or his designee(s) are 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. The
ticket shall instruct the violator that if the violator reports to
the Township Office and pays to the Township the sum of $100 within
10 days of the date of issuance of the ticket, then such payment shall
save such violator from prosecution by a citation, which prosecution
may result in court costs and attorney fees being assessed against
the violator in addition to the fine. In any event, if a ticket is
not paid in full within 10 days of issuance, the Code Official or
his designee(s) may issue a citation to the violator. Notwithstanding
the foregoing, the Code Official or his designee(s) shall have the
sole and absolute discretion to issue a citation without first issuing
a ticket as provided for herein.
A.Â
Any person violating any provision of this chapter shall upon conviction
thereof be sentenced to pay a fine of not less than $500 nor more
than $1,000 for each violation plus costs of prosecution, including
but not limited to reasonable attorney 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.Â
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.
