[Ord. 2001-5, 12/4/2001]
1.
For the purpose of this Part 3, the following terms, phrases, words,
or their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include
the 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.
2.
ABANDONED OR JUNKED MOTOR VEHICLE
BOROUGH
BOROUGH COUNCIL
NUISANCE
OWNER
PERSON
As used in this Part 3, the following terms shall have the meanings
indicated:
Any vehicle in a nonserviceable condition or without having
both a current inspection sticker and a current registration plate.
The Borough of Jonestown, Lebanon County, Pennsylvania.
The Borough Council of the Borough of Jonestown, Lebanon
County, Pennsylvania.
The unreasonable, unwarrantable, unsightly, 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 their reasonable rights of person or property.
A person owning, leasing, occupying, or having charge of
any premises within the Borough.
A natural person, firm, partnership, association, corporation,
company, club, copartnership, society, or organization of any kind.
[Ord. 2001-5, 12/4/2001; as amended by Ord. 2008-5, 12/2/2008]
1.
Nuisances, as described below, are hereby declared to be illegal
in Jonestown Borough and abatable and punishable as such;
A.
Storing or accumulating junk material, including, but not limited
to unused or abandoned machinery, equipment, or appliances, scrap
metal, glass, industrial waste, or other salvageable materials, unless
for resale, which can be seen from any public highway, road, street,
or alley which is maintained by the Borough or by the Commonwealth
of Pennsylvania.
B.
Storing or accumulating abandoned or junked motor vehicles that can
be seen from any public highway, road, street, or alley which is maintained
by the Borough, or by the Commonwealth of Pennsylvania, which vehicles
must be moved within 60 days or, if at a vehicle repair business,
90 days.
C.
Maintaining or causing to be maintained any dangerous structure including,
but not limited to, any abandoned or unoccupied buildings or parts
of buildings in a state of dilapidation or disrepair.
D.
Allowing or permitting any excavation, material excavated, or obstruction
on or adjoining any public highway, road, street, or alley, or to
which access may be obtained from the same, to remain open or exposed
without the same being secured by a barricade, temporary fence, or
other protective materials.
E.
Garbage, rubbish, trash, refuse, junk, and other materials, metals,
plumbing fixtures, appliances, auto parts, lumber or other litter
and furniture, stuffed furniture, clothing, or other household items
which create an unsightly appearance.
F.
Allowing, permitting, maintaining or storing any construction or
building materials including, but not limited to, stone, brick, lumber,
insulation, glass or metal, tools, machinery or equipment, appliances,
or industrial or construction waste on any public highway, road, street
or alley which is maintained by the Borough or by the Commonwealth
of Pennsylvania.
[Ord. 2001-5, 12/4/2001]
1.
Whenever a condition constituting a nuisance occurs, the Borough
Council shall cause written notice to be served upon the owner in
one of the following manners:
A.
By making personal delivery of the notice to the owners; or
B.
By handing a copy of the notice at the residence of the owner to
an adult member of the family with which the owner resides, but if
no adult member of the family is found, then to an adult person in
charge of such residence; or
C.
By affixing a copy of the notice to the door at the entrance of the
premises in violation; or
D.
By mailing a copy of the notice to the last known address of the
owner by certified mail; or
E.
By publishing a notice in a local newspaper of general circulation
within Lebanon County, Pennsylvania, once a week for three successive
weeks.
2.
Such notice shall set forth in detail the condition that constitutes
a nuisance, whether removal is required by the Borough or whether
the nuisance can be corrected by repairs, alterations, fencing, or
in some way, confining and limiting the nuisance.
3.
Such notice shall require the owner to commence action in accordance
with the terms of the notice within 20 days of receipt of the notice
and thereafter to comply fully with its terms within 30 days, with
all materials to be supplied and work to be done at the owner's
expense; provided, however, if any provision of this Part 3 is violated,
and if the circumstances require immediate corrective measures, such
notice shall require the owner to immediately comply with the terms
of the notice.
[Ord. 2001-5, 12/4/2001; as amended by Ord. 2013-5, 12/3/2013]
1.
The Borough Council determines this Part to be a building, housing,
property maintenance, health, fire, and public safety ordinance.
A.
A violation of or failure to comply with any provision of this Part
shall constitute a summary offense, and prosecution shall be according
to the practice in the case of summary convictions. The Borough Solicitor
may assume charge of the prosecution as provided for by the Pennsylvania
Rules of Civil Procedure for the trial in summary cases. The Borough
Council hereby sets the range of fines and penalties to be not less
than $200 but not more than $1,000 per violation, the costs of prosecution,
and in default of payment of such fine or costs of prosecution, to
undergo imprisonment of not more than 30 days; provided, further,
that each day's continuance of a violation shall constitute a
separate violation of this Part.
B.
The Borough Council may direct the removal, repair, or alterations
to any such nuisance or dangerous structure by the owner or occupier
of the premises, and in default of which the Borough Council may cause
the same to be done, and collect the cost thereof, together with a
penalty of 10% of such cost, and attorney's fees of 5% of the
claim, and may pursue collection in the manner of municipal claims,
or by an action of assumpsit, or by an action in equity, to compel
the owner or occupier of the premises to comply with the terms of
any notice of violation, or seek any such other relief as a court
of competent jurisdiction is empowered to afford.
[Ord. 2001-5, 12/4/2001]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal, or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts of this Part. It is hereby declared as the intent of the
Jonestown Borough Council that this Part would have been adopted had
such unconstitutional, illegal, or invalid sentence, clause, section,
or part thereof not been included therein.
[Ord. 2001-5, 12/4/2001]
This Part does not repeal or amend any prior enacted ordinances
to the extent of limiting the enforcement of such ordinances.
[Ord. 2001-5, 12/4/2001]
This Part shall become effective immediately upon its adoption.
