[Adopted 4-20-1989 by Ord. No. 89-3]
This article shall be known as the "Waste Building Products
Ordinance of the Township of Weisenberg."
All "whereas" clauses as set forth above are incorporated herein
by reference.[1]
[1]
Editor's Note: "Whereas" clauses of the ordinance are on file
with the original ordinance in the Township Clerk's office.
As used in this article, the following terms shall have the
meanings indicated:
Those products generated by the building and/or construction
process which are not to be incorporated into the structure of the
building. Such products shall include, but not be limited to, waste
lumber, sheeting, paper, glass, insulation, wiring, plumbing supplies,
appliances, fixtures, metals, masonry materials, aluminum and vinyl
siding, roofing materials, carpet, and tile.
This article shall be applicable to all building activity as
defined by this article.
On each site where building activities are conducted, it shall
be the responsibility of the record owner to police the building site
so as to provide, by 9:00 p.m. on each day during the building period,
that all waste building products are removed from the subject premises,
stored and secured inside an existing structure, or contained in a
leakproof container of appropriate size.
It shall be unlawful for any person, persons or corporation to bury within the ground any waste building products other than those masonry materials such as concrete, brick, concrete block, cement block, and the like within 100 feet of any building as that term is defined by Chapter 500, Zoning, of the Code of the Township of Weisenberg, or any well or similar source of drinking water.
A.
Notices. Whenever the Township Manager or other authorized municipal
representative determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this article,
such authority shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(1)
Be in writing;
(2)
Include a statement for the reasons of its issuance;
(3)
Allow a reasonable time not to exceed a period of 15 days for the
performance of any act it requires;
(4)
Be served upon the property owner or his agent as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been mailed by regular mail to the owner of record at the address
as set forth on the tax assessment rolls or when served with such
notice by any other method authorized or required by the laws of this
commonwealth;
(5)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this article, or any part thereof.
B.
Violations and penalties. Any person, persons or corporation who
fails to comply with any or all of the requirements or provisions
of this article or who fails or refuses to comply with any notice,
order or direction of the Township Manager or any other authorized
employee of the Township shall, upon conviction in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. The imposition of a fine
or penalty for any violation of, or noncompliance with, this article
shall not excuse the violation or permit it to continue, and all such
persons shall be required to correct or remedy such violations and
noncompliance within a reasonable time. Any building activity undergone
in noncompliance with this article may be declared by the Board of
Supervisors to be a public nuisance and abatable as such.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If any section, subsection, paragraph, sentence, clause or phrase
of this article shall be declared invalid for any reason whatsoever,
such decision shall not effect the remaining portions of this article,
which shall remain in full force and effect, and for this purpose,
the provisions of this article are hereby declared to be severable.
All ordinances and parts of ordinances inconsistent herewith
be and the same are hereby repealed.
The provisions of this article shall become effective five days
from the enactment of this article.
