[HISTORY: Adopted by the Board of Supervisors of the Township
of Weisenberg 7-3-1991 by Ord.
No. 91-3. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall be known and may be cited as the "Weisenberg
Township Nuisance Ordinance" and is enacted under the authority of
the Second Class Township Code, 53 P.S. § 65101 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
That which endangers life or health, or which is an unreasonable,
unwarrantable, or unlawful use of property which causes injury, damage,
hurt, inconvenience, annoyance or discomfort to another in the legitimate
enjoyment of his reasonable rights of persons or property. The accumulation
of refuse and garbage shall constitute a nuisance.
One who is in possession of the premises. A tenant, even
though absent, shall be deemed to be in possession of the premises
and the occupier.
The person in whom title of the property is vested.
From and after the effective date of this chapter:
A.
The Board of Supervisors shall appoint a person(s) to serve as the
Health Inspector(s) for a yearly term.
B.
The Health Inspector is hereby granted authority to make sanitary
inspections and execute nuisance orders of abatement. In such duties,
he shall have the same authority as of a policeman;
C.
Whenever the Board of Supervisors has reason to believe a nuisance
may exist, the Health Inspector shall cause a certified letter to
be sent to the owner or occupier of such suspected nuisance premises
calling for an inspection of said premises at a specified time and
requiring a return letter agreeing to such inspection. During such
inspection, evidence may be gathered by the Inspector for presentation
at further municipal or magisterial proceedings.
A.
Whenever a structure is causing a nuisance or is found to exist in
violation of the terms of this chapter, and the existence of such
structure is, in the opinion of the Board of Supervisors, such as
to constitute an immediate menace to the health and/or safety of persons
residing within the Township, then and in such event, the owner or
occupier shall, upon causing a nuisance, cause the same to be removed
within 24 hours of the receipt of such notice, and each twenty-four-hour
violation shall be deemed a separate offense.
B.
Any person, whether owner or occupier of any real estate within the
Township, after receiving written notice from any authorized Township
official, including, but not limited to, a Health Inspector or Township
Manager, of the existence of a nuisance in violation of the terms
of this chapter, shall immediately cause the elimination of such nuisance
within the time limit established by such communication.
A.
In the event the owner or occupier, upon receiving the written notice
described above, fails to eliminate or cease the violation, certified
mail notice shall be sent to the owner and occupier in all cases involving
a structure or improvement to real estate and, in all other cases,
to the occupier of the premises, following which the Board of Supervisors
may proceed to remove the nuisance as set forth in this section.
B.
The Township, upon refusal by the owner or occupier to remove any structure causing a nuisance, or to terminate or to remove the nuisance within the time limits prescribed, may after 48 hours from the certified mailing set forth in Subsection A above cause the same to be done and collect the costs thereof, together with a penalty provided for in § 344-7 or at the option of the Township, may proceed to file and collect said costs plus 10% added for administrative costs by way of a municipal lien as is provided by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm, or corporation who violates or permits a violation
of this chapter 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 chapter that is violated
shall also constitute a separate offense.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall become effective five days from the date
of enactment.
