For the purpose of this chapter, the following terms, phases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future tense, words in the plural include the singular,
and words in the singular include the plural.
APPLIANCE
A stove, refrigerator, television set, furnace, air conditioner,
water heater, water softener, washer, dryer, microwave or any household
article used to perform any of the necessary domestic work in a household.
The term "appliance" shall also mean any article used in business
to increase production or to speed, ease, or eliminate work, including
but not limited to the specific items aforementioned.
ATTRACTIVE NUISANCE
A nuisance that is dangerous or hazardous to young children
because of their inability to appreciate peril and may reasonably
be expected to attract them to personal or real property.
BOROUGH
The Borough of Chambersburg, Pennsylvania.
BOROUGH COUNCIL
The Town Council of the Borough of Chambersburg, Pennsylvania.
DANGEROUS STRUCTURE
Any building or structure which is in such a dilapidated
condition that it is unfit for human habitation or kept in such an
unsanitary condition that it is a menace to the health of persons
residing in the vicinity thereof or is in a condition that presents
a fire hazard.
DISCARDED
Any item resting for 48 hours outdoors, or in an area that
is not fully enclosed, which is not designed for outdoor use or which
is not being used outdoors for its intended purpose.
JUNK
Inoperable, obsolete, or abandoned items that are, being
stripped of components, being used or sold for parts, to be sold for
scrap, or not being used for their intended purpose.
NUISANCE
The unreasonable, unwarranted, 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 his reasonable rights of person or property, including,
but not limited to:
A.
The presence of junk, trash or debris, including but not limited
to all waste, refuse and discarded materials having only a junk or
salvage value, and garbage or waste not contained in a safe, sanitary
and orderly manner in a proper container for collection.
B.
The presence of abandoned, discarded or unused equipment, appliances,
household furnishings, or other objects.
C.
Maintaining or causing to be maintained upon any unenclosed
porch or exterior attachment furniture, other than furniture designed
for exterior use, which is commonly intended for use inside a dwelling,
including but not limited to upholstered sofas, chairs, davenports,
beds, divans and similar items.
D.
Maintaining or allowing any dangerous structures, including
but not limited to abandoned, occupied, or unoccupied buildings or
parts of buildings.
E.
Maintaining or allowing any building to be unsecured.
F.
Maintaining or allowing the improper disposal of sewage and
wastewater in a manner that does not conform to local ordinance or
regulation, or state or federal law.
G.
Maintaining or allowing any currently unlicensed, unregistered
or uninspected motor vehicle(s) on a lot, with one or more of the
following defects:
(1)
Broken windshields, mirrors or other glass with sharp edges.
(2)
One or more flat or open tires or tubes that could permit infestation.
(3)
Missing doors, windows, hoods, trunks, or other body parts which
could facilitate the harboring of animals and/or other infestation.
(4)
Any body parts with sharp edges, including holes resulting from
rust.
(5)
Missing tires resulting in unsafe suspension of the motor vehicle.
(6)
Upholstery that is torn or open which could permit the harboring
of animals and/or other infestation.
(7)
Broken headlamps or tail lamps with sharp edges.
(8)
Disassembled chassis parts apart from the motor vehicle, stored
in an unsafe fashion or loose, in or on the vehicle.
(9)
Protruding sharp objects from the chassis.
(10)
Broken vehicle frames suspended from the ground in an unstable
manner.
(11)
Leaking or damaged oil pan or gas tank that could cause fire
or explosion.
(12)
Exposed battery containing acid.
(13)
Inoperable locking mechanism for doors or trunk or hood.
(14)
Open or damaged floorboards, including trunk and firewall.
(15)
Damaged bumpers pulled away from the perimeter of vehicle.
(16)
Broken grill with protruding edges.
(17)
Loose or damaged metal trim and clips; broken communications
equipment and antenna.
(18)
Suspended on unstable supports.
(19)
Such other defects that may threaten the health, safety and
welfare of the citizens of the Borough.
H.
The emission of noxious fumes, gas, smoke, ashes, or soot in
such quantities as to render occupancy of property dangerous to a
person of ordinary sensibilities.
I.
The accumulation of, or improper disposal of, animal waste.
J.
All disagreeable and obnoxious odors or stenches, as well as
the conditions which give rise to the omission or generation of said
odor and stenches.
K.
The improper disposal of the carcasses of animal or fowl.
L.
Dead or dying trees or other vegetation that may cause a hazardous
situation if they fall.
M.
Any accumulation of stagnant water.
OWNER
Any individual, firm, corporation, trust, association, partnership,
or other legal entity which alone, or jointly or severally with others,
holds legal or equitable title to the rental unit. (The plural use
indicates each and every owner.)
PERSON
A natural person, firm, partnership, company, association,
trust, corporation, or other legal entity. The singular shall include
the plural, the plural shall include the singular, and the masculine
shall include the feminine and the neuter, whatever appropriate.
It shall be unlawful for any person to create, maintain or allow
any condition which is a nuisance.
The following accumulation of articles shall be unlawful in
the Borough: It is further declared unlawful to store, accumulate
or keep outdoors on any property (unless fully enclosed within a building)
within the limits of the Borough any scrap material of any kind, any
scrapped or used appliances, fixtures, automobile parts, household
furnishings, machinery, and machinery parts or other similar material
or any other form of discarded or unused or unusable materials (including
but not limited to building materials) which by their appearance are
unsightly.
The remedies provided herein for the enforcement of this chapter
and/or any other remedy, at law and/or in equity, available to the
Borough under the laws of the Commonwealth of Pennsylvania shall not
be deemed mutually exclusive but rather each remedy may be employed
simultaneously or consecutively at the sole discretion of the Borough.