No person shall leave outside any building or dwelling or in any place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight door, or lock, which may not be released from the inside of such icebox, refrigerator or container, or which has an airtight snap-lock or other device thereon without first removing the snap-lock or doors from the icebox, refrigerator or container.
[HISTORY: Adopted by the City Council of the City of Chester as Art. 733 of the 1978 Codified Ordinances. Amendments noted where applicable.]
A.
Where any quarry or other excavation in excess of 12 feet in depth at the deepest point is located adjacent to or within 500 feet of a highway, school, church, park, playground or dwelling, or when water in excess of three feet in depth at the deepest point is permitted to accumulate and remain in any quarry or other excavation for a period of 48 hours, a protective fence at least six feet in height shall be placed around the rim of the quarry or excavation which may constitute a hazard to the life or safety of persons.
B.
The fence required herein shall be securely enclosed at all times, except for ingress and egress by means of a gate, which gate shall be locked when not in use.
C.
Warning signs shall be posted on excavations required to be fenced as provided herein.
D.
The existence of any quarry or other excavation, without the safeguards as set forth herein, is hereby declared to constitute a public nuisance.
E.
Whenever any nuisance condition, as set forth herein is found to exist, any official of the Department of Public Safety shall notify in writing the owner, tenant, occupant or agent of the property, where the violation exists, to remove or abate the condition or construct such protective fence as required within 30 days from the date of the receipt of such notice.
F.
The notice shall be signed by such official, by the Director of Public Safety, and shall be served upon the owner, tenant, occupant or agent of the property on which a nuisance exists, either personally, by registered mail or by posting of premises, if no person can be located.
G.
If the notice is not complied with, and the nuisance not abated as directed or by the construction of the protective fence as required, the Director of Public Safety may, at his option, take either or both of the following actions:
(1)
Cause the arrest of the violator, who shall be given a court hearing for failure to comply with this section.
(2)
Cause the condition to be removed or abated by the City, either by the construction of a protective fence as it deems proper and safe, or by taking such other steps as may be necessary to make the premises safe. Should the City be required to take action in order to remove or abate or make the premises safe, the owner of such property abutting thereon shall be chargeable with the cost of such sums expended by the City. The Director of Public Safety shall collect the same by a civil action or he may direct the City Solicitor to file a lien against the property in order to reimburse the City for the abatement of such nuisance.
[Amended 6-6-1990 by Ord. No. 4-1990]
Any person violating any provision of this chapter shall, upon conviction in a summary proceeding, be fined not more than $1,000 and costs, and in default of payment thereof, shall be imprisoned for not more than 90 days. Each day such violation is committed or permitted to continue shall constitute a separate offense.