[HISTORY: Adopted by the Board of Supervisors of the Township
of Moore 4-7-1998 by Ord. No. 1998-4. Amendments noted where applicable.]
For the purposes 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 future, words in the plural number include the singular number,
and words in the singular number include the plural number, and the
word "shall" is always mandatory and not merely directory.
The Board of Supervisors of Moore Township, Northampton County,
Pennsylvania.
The unreasonable, unwarranted or unlawful use of public or
private property, which causes injury, damage, hurt inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights of person or property.
A person owning, leasing, occupying or having charge of any
premises within the Township.
Any natural person, firm, partnership, association corporation,
company or organization of any kind.
The Township of Moore, Northampton County, Pennsylvania.
Nuisances, including but not limited to the following, are hereby
declared to be illegal;
A.
Storing or accumulating the following:
(1)
Garbage or rubbish.
(2)
Junk material (including but not limited to unused or abandoned machinery,
equipment or appliances).
(3)
Waste (including but not limited to any and all forms of waste and
refuse or any type of material, including scrap metal, glass, industrial
waste and other salvageable materials).
B.
Storing or accumulating more than one vehicle which does not have
a valid inspection sticker issued by the Bureau of Motor Vehicles
of the commonwealth, except as permitted by license from the Township,
unless such vehicles are visually sheltered by a building or a solid
fence (including fence of evergreens) of a minimum height of six feet.
[Amended 9-7-1999 by Ord.
No. 1999-3]
C.
Drainage or flow, 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, wash stands, lavatories, water closets, swimming
pools, privies or cesspools of any kind or nature whatsoever, or any
other 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 into or upon any said highway, road,
street, avenue, lane or alley; or from any property into or upon any
adjoining property.
D.
Draining or flow, or allowing to drain or flow, any water or drainage
from within dwellings situate upon property along any 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 garbage, tires, tar products, or other substances which produce
noxious vapor.
F.
Maintaining or causing to be maintained any dangerous structure,
including but not limited to abandoned or unoccupied buildings or
parts of buildings in a state of dilapidation or disrepair.
G.
Tall weeds and vegetation.
(1)
No person, firm, partnership or corporation owning or having a present
interest in or occupying any real estate in the Township of Moore,
Northampton County, shall, except as hereinafter provided, permit
weeds or vegetation not edible or planted for some agricultural or
ornamental purposes, or useful purpose, to grow or remain on such
premises, including any portion of the premises, so as to exceed a
height of 12 inches or to throw off any unpleasant odor or to conceal
any debris or to create or to produce seeds or pollen. All such vegetation
is hereby declared to be a nuisance and detrimental to the health,
safety, cleanliness and comfort of the inhabitants of the Township.
(2)
The owner of any such premise (whether occupied by the owner or not) shall be responsible to remove, trim or cut all such vegetation growing or remaining upon such premises in violation of the provisions as set forth in Subsection G(1) above. Both the owner and the occupant, in the case of premises occupied by other than the owner, shall be jointly responsible for the compliance with this chapter.
H.
Permitting or allowing any well or cistern to be or remain uncovered.
I.
Interfering with the flow of a stream, creek or other waterway, by
means of dam construction or otherwise.
J.
Removing the embankment of a stream so as to alter the natural flow
of the stream.
K.
Pushing, shoveling, or otherwise depositing snow upon the cartway
or traveled portion of any public highway, road or street which is
maintained by this Township or by the Commonwealth of Pennsylvania,
and allowing same to remain thereon.
L.
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.
M.
Those activities which constitute sound and accepted farming practice
in the judgment of the Pennsylvania Department of Agriculture shall
not be considered a nuisance under the terms of this chapter.
Upon notice of violation of this chapter the Zoning Officers
shall cause written notice to be served upon the owners of the property
in which the nuisance is permitted or maintained in the following
way:
A.
By mailing, first class, a notice of violation to the owner. The
notice shall be deemed delivered when mailed to the last-known address
of the owner.
If any such owner and/or occupant shall neglect to comply with
such written notice within the period of time stated herein, the Township
authority shall have the following remedies:
A.
He shall be guilty of a violation of this chapter and shall, upon
conviction thereof, pay a fine of not more than $1,000 and the costs
of prosecution, and, in default of payment of such fine and costs
of prosecution, shall be imprisoned for not more than 90 days, provided
each day's continuance of a violation shall constitute a separate
offense in bringing charges under this chapter.
B.
The Board of Supervisors may direct the removal, repairs or alteration,
as the case may be, to be done by the Township, and the cost thereof
plus a penalty of 10% may be collected from the owner of the premises
by an action of assumpsit or may file a municipal claim or lien therefor
against such real estate.
C.
The Township by means of a complaint in equity may compel the owner
to do so or to seek such other relief as such court is empowered to
afford.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision arid such holdings
shall not affect the validity of the remaining portion hereof.
All other ordinances or resolutions inconsistent herewith are
hereby and the same repealed.
This chapter shall become effective five days after the adoption
hereof.
