This chapter shall be known as the "Cummings Township Nuisance Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Cummings 9-14-1993 by Ord. No. 1993-2. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter is enacted pursuant to authority granted to the Supervisors of Cummings Township as set forth in Section 1519 of the Second Class Township Code (53 P.S. § 66529), as amended.
As used in this chapter, the following terms shall have the meanings indicated:
Any motor vehicle that does not bear a current registration, is not currently inspected or is unable to move under its own power.
A roofed structure enclosed by one or more walls for the shelter, housing, storage or enclosure of persons, goods, materials, equipment or animals.
A container of metal, wood, heavy-duty plastic or synthetic material of solid construction with a tight-fitting cover secured against wind and leakage.
All putrescible animal and vegetable matter or other organic substance subject to fermentation or decay including bottles or tin cans which contain animal, fish, vegetable or other organic matter.
The presence of insects, rodents, vermin and/or other pests.
Any discarded or salvageable article or material including, but not limited to, scrape metal, paper, rags, glass, containers, scrap wood, trade waste, motor vehicles, trailers, machinery and equipment, with the exception of mobile homes or house trailers which are occupied or are properly placed or planned for occupancy.
Owner for the purpose of this chapter when the lessor holds the lessee responsible for maintenance and repairs.
Plot, tract, premises or parcel of land, with or without improvements thereto.
Any type of mechanical device propelled by a motor in which persons or property may be transported upon public streets or highways and including trailers or semitrailers pulled thereby.
Any condition, structure or improvement which shall constitute a danger or potential danger to the health, safety or welfare of the citizens of Cummings Township.
The actual owner, agent or custodian of property within Cummings Township, whether individual, partnership, association or corporation.
A natural person, firm, partnership, association, corporation or other legal entity.
Garbage, rubbish and trade waste.
Nonputrescible solid waste including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, paper, glass, metal, ashes, tree branches, tree leaves, yard trimmings, plant growth, furniture and other similar material.
The Township of Cummings, Lycoming County, Pennsylvania.
All solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials.
A rodent, arthropod, or insect capable of transmitting a disease or infection including, but not limited to, rats, mosquitoes, cockroaches, flies and ticks.
Any grass, weed or vegetation, whatsoever, which is not edible or planted for some useful, legal, commercial, agricultural or ornamental purpose.
Any open space on the same lot with a building and, for the most part, unobstructed from the ground up.
It shall be unlawful for any person to maintain a motor vehicle nuisance upon their property within the Township. A motor vehicle nuisance shall include:
A.
Storing or accumulating no more than one abandoned or junked motor vehicle, except that a motor vehicle may be held for sale or repair for a period not to exceed 90 days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Storing or accumulating more than one antique or collector motor vehicle for restoration which is neither sheltered by a building nor enclosed behind a solid fence of a minimum height of eight feet.
C.
Storing or accumulating used motor vehicle parts not sheltered by a building including, but not limiting to, tires, wheels, hubcaps, body parts, batteries, motors, chases, drive trains, interior parts, window glass, etc.
It shall be unlawful for any person to store or accumulate, except in a covered receptacle, any junk material, garbage, refuse, rubbish, trade waste or hazardous or potentially hazardous material and then only upon obtaining the proper governmental permits to do so.
A.
Buildings and structure.
(1)
No owner of any building or structure shall fail to take steps and perform such maintenance thereto as may be required from time to time to insure the property is safe, sound and secure and does not present a health and/or safety hazard to surrounding properties and to the general populous.
(2)
No owner of any unoccupied building or structure shall fail to take such steps as may be required to insure that these are securely closed so as to prohibit and deter entry thereto and to insure that no health and/or safety hazard, or threat thereof is precipitated due to a lack of maintenance or due to neglect.
(3)
Owners of any and all unoccupied building and/or structures which, through neglect, have deteriorated to the point of being classified as unoccupied hazards, and therefore constitute a severe health and/or safety hazard, shall, upon direction of the Supervisors of Township, remove or cause the removal of the building and/or structure.
B.
Yards, open lots, parking areas. No person shall permit:
(1)
Fences and/or minor structures to be maintained so as to present a safety or health hazard to persons and/or property;
(2)
The development or accumulation of hazards or infestation upon yards and lots;
(3)
Wells, cesspools, cisterns, sedimentation ponds, stormwater management, impoundment ponds and/or ponds of a similar nature to remain open without adequate fencing or barricade to prevent access thereto by the general public;
(4)
The accumulation of heavy undergrowth and/or vegetation which would impair the health and/or safety of the neighborhood; nor shall they permit any vegetation, or any portion thereof, to grow on their property which would constitute a safety hazard to pedestrian and/or vehicular traffic.
C.
Infestation, prevention and correction.
(1)
Grounds, buildings and structures shall be maintained free of infestation.
(2)
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of refuse.
(3)
Where there exists infestation, corrective measures shall be undertaken by the owner or lessee to alleviate the existing problem in accordance with generally accepted practices.
No person shall permit:
A.
A draining or flowing, or allow to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water drainage from sinks, bathtubs, wash stands, lavatories, water closets, swimming pools, privies, or cesspools of any kind or nature, whatsoever, or any 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 lot into or upon any adjoining lot.
B.
The draining or flowing, or allow to drain or flow, any water or drainage from within a building situate upon property along a 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.
The Township may, through an authorized representative of the Township, enter onto property within the Township for the purpose of inspection of any and all premises, lots, buildings and/or structures located within the Township for ascertaining the existence or nonexistence of violations of this chapter. In those matters where the nature of an alleged violation is such that an inspection of the interior of a building or structure is necessitated, prior arrangements must be made with the owner or lessee to secure access thereof.
A.
If noncompliance with the provisions of this chapter constitutes a nuisance, or if any condition, structure or improvement poses a threat to the health, safety or welfare of the public, the Township, through its authorized agent, shall issue a written notice to be served upon the owner by making personal delivery of the notice to the owner, 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, by mailing a copy of the notice to the last-known address of the owner by certified mail or, if the owners whereabouts or identity is unknown, by posting the notice conspicuously upon the offending premises.
B.
Said notice shall specify the condition or structural improvement complained of and shall require the owner to commence to remove or otherwise rectify the condition or structural improvement as set forth therein within 10 days of service of said notice and thereafter to fully comply with the requirements of the notice within a reasonable time.
If the owner does not comply with the notice to abate the conditions within the time limit prescribed, the Township shall have the authority to correct the conditions and collect the costs of such corrections plus 10% of all costs. The Township, in such event and pursuant to its statutory or other police powers, shall have the right to enter upon the offending premises to accomplish the foregoing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person 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.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect nor impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared to be the intent of the Cummings Township Supervisors that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part thereof not been included herein.
This chapter shall become effective five days after the adoption hereof.