[HISTORY: Adopted by the Board of Supervisors of Reilly Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-24-1999 by Ord. No. 99-1]
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LESSEE
Owner, for the purpose of this article, when the lessor holds the lessee responsible for maintenance and repairs.
NUISANCE
Any collection, condition, structure, or improvement which shall constitute a danger or potential danger to the health, safety or welfare of the public.
OWNER
The actual owner, agent or custodian of the property on which abandoned appliances, machinery, equipment or materials are stored, whether an individual, partnership, association or corporation.
PERSON
A natural person, firm, partnership, association, corporation or other legal entity.
B. 
In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to store or maintain abandoned, unused, stripped, damaged and generally unusable appliances, machinery or equipment, or construction materials in the open on private property. Such storage shall constitute a nuisance and/or health hazard if any of the following conditions exist:
A. 
Broken glass or metal parts with sharp or protruding edges.
B. 
Containers which are conducive to the harboring and growth of vermin or animals.
C. 
Storage in any manner which would allow the equipment, machinery, material or any part thereof to easily shift, tilt, or fall from its original storage position.
D. 
Containers of any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, gasoline, oil, battery acids, refrigeration agents, and poisons.
E. 
Appliances with the doors remaining attached.
F. 
Any other condition which shall threaten the health, safety or welfare of the citizens.
A. 
Storage of such items as listed in § 139-2 on private property shall be permitted only in strict compliance with these regulations provided or with stricter regulations in other Reilly Township ordinances or in state or federal laws. Each person, owner or lessee desiring to store items described in § 139-2 shall apply for a permit for either temporary or permanent storage and pay a fee to Reilly Township pursuant to a resolution of the Township. Such nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence at least six feet high which is locked at all times when unattended.
B. 
With the special approval of the Township, nuisances may also be stored outside in an area enclosed by a chain-link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, the appliances, machinery, equipment, or construction materials shall be kept free of vermin infestation while being stored, and all gas, oil or other potentially hazardous substances shall be removed. The total area of storage of such nuisances may not exceed 400 square feet.
C. 
Nothing herein shall be construed to permit the storage of appliances, machinery, equipment, or material nuisances contrary to the provisions of the Zoning Ordinance in effect in the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any police or enforcement officer of Reilly Township is hereby empowered to inspect private property on which appliances, machinery, equipment, and/or various construction materials are stored to determine if there is compliance with the provisions of this article. If noncompliance with the provisions of this article constitutes a nuisance or if any collection, condition, structure, or improvement poses a danger to the health, safety, or welfare of the public, he/she shall issue a written notice to be served by registered or certified mail upon the owner of the premises, or if the owner's whereabouts or identity are unknown, by posting the notice conspicuously upon the offending premises.
B. 
The notice shall specify the condition(s) considered to be a nuisance and shall require the owner to commence to remove or otherwise rectify the condition set forth in the notice within 10 days of mailing or posting of the notice and thereafter to comply with the requirements of the notice within a reasonable time.
If the owner of property on which appliances, machinery, equipment, and/or construction materials are stored does not comply with the notice to abate the nuisance within the time limit prescribed, Reilly Township shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. Reilly Township, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to rectify this noncompliance.
A. 
Any person who shall violate any provisions of this article shall, upon conviction, be punishable by a fine of not more than $1,000 plus costs of such proceedings and/or imprisonment to the extent allowed by law for a summary criminal offense.
B. 
Each day that a violation of this article continues shall constitute a separate offense and the person allowing or permitting the continuation of the violation may be punished as provided in this article for each such separate offense.
C. 
In addition, the costs incurred by Reilly Township to remove or correct any such violation, including the removal and scrapping of any items involved in the violation, shall be charged to the property owner of person responsible and may be assessed as a lien or charge against the land involved, or via civil process.
D. 
In the case of an abandoned appliance, machinery, equipment and/or construction materials, Reilly Township shall have the authority to either scrap such items or have such items removed. The owner or person responsible for leaving the items in such a manner that Reilly Township had to scrap or remove them shall be required to pay all costs for moving and storage.
The remedies provided for the enforcement of this article or any remedy provided by law shall not be deemed mutually exclusive, rather they may be employed simultaneously or consecutively at the option of Reilly Township.
All ordinances or parts of ordinances which are inconsistent with this article are hereby repealed.
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid by a court of competent jurisdiction, such a decision shall not affect the validity of any of the remaining provisions of this article.