[Ord. 2398, passed 10-1-2003]
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. The masculine shall include the feminine and the neuter.
EASEMENT AND/OR RIGHT-OF-WAY
All easements and/or rights-of-way owned or legally acquired by the Municipality.
PENN HILLS
The Municipality of Penn Hills, Allegheny County, Pennsylvania.
PERSON
Any individual, partnership, association, firm, corporation, group, company, society, or any other combination of human beings whether legal or natural.
[Ord. 2398, passed 10-1-2003]
It shall be unlawful for any person to place, erect, construct or to allow to remain in place any building, structure, device or thing of any nature whatsoever within, over, under, into or otherwise occupying any easement and/or right-of-way area so as to obstruct or otherwise interfere with the Municipality's right to use said easement and/or right-of-way, except any traffic or other sign placed, erected or maintained by the proper State or municipal authorities and any sign attached to a building erected and maintained under a permit and otherwise meeting the requirements of the Ordinances of the Municipality.
[Ord. 2398, passed 10-1-2003]
It shall be the responsibility of all property owners or occupants thereof, within the Municipality, to conform to the requirements of this chapter. If any person fails to comply after notice from the Municipality to remove or eliminate any obstruction or interference with the Municipality's right to use said easement and right-of-way, pursuant to § 1056.04, said person shall be in violation of this chapter.
[Ord. 2398, passed 10-1-2003]
The Municipality, or any officer or employee of Penn Hills designated thereby for this purpose, is hereby authorized to give written notice, by personal service or by United States mail, to the owner or occupant, as the case may be, who, in the judgment of said officer or employee of the Municipality who reasonably believes said owner or occupant is or remains in violation of the provisions of this chapter. Said notice shall direct and require such owner or occupant to remove or eliminate the obstruction or interference with the Municipality's right to use its easement and/or right-of-way, so as to conform to the requirements of this chapter, within 30 days after issuance of such notice. Whenever in the judgment of the Municipality or any officer or employee thereof, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Municipality or any officer or employee of the Municipality designated thereby for such purpose, may give notice by posting conspicuously on the property where such obstruction exists, a notice or order directing and requiring that such obstruction or interference be removed or eliminated within 30 days. In case any person shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the person shall be in violation of this chapter, the Municipality may order the removal and elimination of such obstruction and interference and the cost thereof, together with a penalty of 10% of the cost thereof, which shall be collected by the Municipality from such person in any manner provided by law.
[Ord. 2398, passed 10-1-2003]
If, in the opinion of the Municipality or its designated officer or employee, a dangerous condition exists which poses an immediate threat to the safety and health of individuals or damage to property, the Municipality may remove or eliminate the obstruction or interference with the use of its easement and/or right-of-way, without the necessity of providing said notice to the property owner and/or occupant of the property where the easement is located, pursuant to §§ 1056.03 and 1056.04, and the cost thereof, together with a penalty of 10% of the cost thereof, shall be collected by the Municipality from such person in any manner provided by law.
[Ord. 2398, passed 10-1-2003]
The remedies provided herein for the enforcement of this chapter, or any remedy provided by law, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively, at the option of the Municipality.
[Ord. 2398, passed 10-1-2003]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, and/or to undergo imprisonment for a term not to exceed 90 days. Each day that a violation of this chapter continues after notice shall constitute a separate offense.