[HISTORY: Adopted by the Borough Council
of the Borough of Brentwood 9-1-1992 by Ord. No. 1029. Amendments noted where
applicable.]
[Amended 8-1-1995 by Ord. No. 1078]
It shall be unlawful for any person, by any
act or omission, whether negligent, grossly negligent, reckless, intentional,
unintentional, willful or malicious, to cause, create or maintain,
on any public property or on any property of another, or on property
owned, leased or occupied by said person himself or herself, any nuisance,
hazardous condition, unhealthy condition, physically offensive condition
or any environmentally deleterious or polluting condition.
Any person causing or maintaining any condition
or nuisance prohibited by the provisions of this chapter, within 12
hours of receiving notice of such condition or nuisance by a representative
of Brentwood Borough, shall abate such condition or circumstance or
shall take such substantial measures as are required under the circumstances
to abate said condition or circumstance promptly.
A.
PERSON
NUISANCE
As used in this chapter, the following terms shall
have the meanings indicated:
Includes any and all natural persons and all associations
of persons, including but not limited to corporations, general partnerships,
limited partnerships, nonprofit corporations, unincorporated associations,
all other business entities and all other groups or associations of
persons or business entities and any other entity recognized as a
"person" under the laws of the United States of America or of Pennsylvania.
Includes any condition or circumstance recognized as a public
or private nuisance under the common law, statutory or regulatory
law or judicial precedent of the United States of America and/or the
Commonwealth of Pennsylvania, and includes but is not limited to circumstances
or conditions that threaten, are harmful to or are deleterious to,
public or individual health, safety or welfare and circumstances or
conditions that are actually or potentially deleterious to the environment.
B.
As used herein, the singular form of any word shall
include the plural and the masculine gender shall include the female
gender and neuter gender.
A.
It is not a prerequisite to violation of provisions
of this chapter that an accused violator has acted with knowledge,
general wrongful intent, or a specific intent, to cause or commit
an act or omission prohibited by the provisions of this chapter, if
an accused violator fails, after receipt of the required notice, to
abate the prohibited condition or nuisance as required by the provisions
of this chapter.
B.
Notwithstanding the provisions set forth in Subsection A or other provisions above, any act or omission done with the intention of creating a nuisance or prohibited condition or done with knowledge that such act or omission is likely to cause such condition or nuisance or done in a reckless, grossly negligent, willful or malicious manner, shall constitute a violation of the provisions of this chapter, regardless of the giving or receipt of official notice from Brentwood Borough and regardless of subsequent measures to abate the prohibited circumstance or condition. In circumstances of violation as described in this subsection, failure to abate the nuisance or condition after receipt of notice shall be deemed an additional violation separate from causing of the nuisance or prohibited condition.
If emergency or exigent circumstances require,
or if a nuisance or condition violative of this chapter is not cured
by the person responsible therefor within 48 hours of receiving official
notice from a Brentwood Borough representative, then the Borough may
itself act to abate, or may cause a third person or entity to act
to abate, the violative condition or nuisance. Thereafter, the Borough
may collect from the person responsible the cost of the required abatement
action, together with the costs of such collection, plus a penalty
of 10% of such total costs, in the manner provided by law for the
collection of municipal claims, or by an appropriate civil action
in the Court of Common Pleas of Allegheny County, Pennsylvania. In
addition, the Borough may seek relief by civil action in equity.
[Added 2-4-1997 by Ord. No. 1091; amended 8-24-2010 by Ord. No.
1190; 5-26-2015 by Ord. No. 1239]
Any person, firm or corporation who or which shall violate any
provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not less than $500 and not more than $1,000, plus
court costs and reasonable attorney fees incurred by the Borough in
the enforcement proceedings, and, in default of payment thereof, shall
be imprisoned for a term not to exceed 30 days. Every day that a violation
of this chapter continues shall constitute a separate offense.
