[HISTORY: Adopted by the Board of Supervisors
of the Township of New Garden 4-6-1998 by Ord. No. 126. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 64.
Uniform construction codes — See Ch. 75.
Floodplain management — See Ch. 96.
Lot alterations — See Ch. 112.
Property maintenance — See Ch. 136.
Sewers — See Ch. 152.
Streets and sidewalks — See Ch. 167.
Towing and storage of vehicles — See Ch. 189.
Zoning — See Ch. 200.
This chapter shall be known as the "New Garden
Township Nuisance Ordinance of 1998."
A.
ABANDONED OR JUNKED MOTOR VEHICLES
BAMBOO
BAMBOO OWNER
(1)
(2)
NUISANCE
OWNER
PERSON
SUPERVISORS
TOWNSHIP
The following words, when used in this chapter or
any accompanying resolution, shall have the meaning ascribed to them
in this section, except in those incidences where the context clearly
indicates a different meaning:
Any vehicle in a nonserviceable or nonoperational condition,
or without having both a current inspection sticker and current registration
plate.
Any monopodial (running) tropical or semi-tropical grasses
from the genera Bambusa, including, but not limited to, Bambusa, Phyllostachys,
Fallopia and Pseudosasa, as well as common bamboo, golden bamboo,
arrow bamboo, and Japanese bamboo.
[Added 10-19-2020 by Ord. No. 244]
Any property owner and/or resident, corporation and/or other
entity who has planted and/or grows bamboo, or who maintains and/or
cultivates bamboo on his/her/its property, or who permits bamboo to
grow or remain on any property in New Garden Township, even if the
bamboo has spread from an adjoining property. Any property owner and/or
resident, corporation and/or other entity owning, residing, occupying
or doing business on property on which bamboo is found shall be considered
a bamboo owner. A property owner and/or resident, corporation and/or
other entity will not be considered to be a bamboo owner if:
[Added 10-19-2020 by Ord. No. 244]
He/she/it has provided satisfactory proof to New Garden Township
that, within a reasonable period of time not to exceed 60 days after
discovering the encroachment of bamboo onto the subject property from
an adjoining or neighboring property, he/she/it advised the owner
of such property of his/her/its objection to the encroachment of the
bamboo; and
He/she/it has initiated steps for the removal of the bamboo
from the property, including remedies at law.
The unreasonable, unwarrantable, or unlawful use of or activity
on any 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.
This shall include any activity, condition, structure or improvement
which shall constitute a threat or potential threat to the health,
safety, or welfare of the citizens of the Township.
The actual person owning, leasing, occupying or having charge
of any premises within the Township, whether individual, partnership,
association or corporation.
Every natural person, association, partnership, firm, club,
society, company, corporation or any organization of any kind. Whenever
used in connection with prescribing or imposing a penalty, or both,
the term as applied to a partnership shall include the individual
partners, or any of them, and as applied to corporations or associations
shall include the individual officer(s) thereof.
The Board of Supervisors of New Garden Township, Chester
County, Pennsylvania.
New Garden Township, Chester County, Pennsylvania.
B.
For the purposes of this chapter, the single shall
include the plural, and the masculine shall include the feminine and
the neuter.
It shall be unlawful for any person to create
or maintain any condition, activity or use upon their property which
could directly or indirectly cause a nuisance or health hazard to
residents of the Township. While not intended to be a comprehensive
list, the establishment, maintenance, operation or continuance of
any of the following, at any time within the Township, is hereby declared
to be a nuisance under the terms of this chapter:
A.
The maintenance, storage or accumulation of the following:
(1)
Garbage or rubbish;
(2)
Junk material, including, but not limited to, unused
or abandoned machinery, equipment or appliances, and all forms of
waste and refuse of any type of materials, including scrap metal,
glass, industrial waste or other similar materials; and
(3)
Any other materials which are conducive to the harboring
of vermin, or otherwise cause a potential health hazard or nuisance.
B.
The maintenance, storage or accumulation of one or
more abandoned or junked motor vehicles.
C.
The ownership or maintenance of abandoned or neglected
buildings, structures, sidewalks or premises which shall pose or constitute
any of the following conditions or hazards:
(1)
A fire hazard;
(2)
A danger of infestation by vermin;
(3)
An area, building or condition which is or which might
potentially serve as an area of play or general attraction for children,
or the public in general;
(4)
Buildings, structures, sidewalks or premises, or parts
thereof, which have been damaged by fire, wind or other causes so
as to become dangerous to life or safety of the occupants or to others
in the vicinity;
(5)
Buildings, structures, sidewalks or premises, or parts
thereof, which have become or are so dilapidated, decayed or unsafe
that they are unfit for human habitation or are likely to cause injury
to occupants or to others in the vicinity;
(6)
Buildings or structures having inadequate facilities
for egress in case of fire or panic, or those having insufficient
stairways, fire escapes or other means of access and egress;
(7)
Buildings, structures, sidewalks or premises, or parts
thereof, which are in such condition that they may fail, collapse,
break down, or otherwise cause damage to property or injury to members
of the public;
(8)
Allowing or permitting any excavation, material excavated
or obstruction on or joining any highway, street or road, to remain
opened or exposed without the same being secured by a suitable barricade,
a temporary fence or other protective materials; and
(9)
Any other condition which the Supervisors shall deem
to be a health hazard, potential health hazard, or nuisance.
D.
The draining or flowing, or allowing to drain or flow,
whether natural or artificial, of any foul or offensive water or drainage
from any dwelling, sink, bathtub, wash stand, lavatory, water closet,
swimming pool, privy, or cesspool of any kind or nature whatsoever,
or any foul or offensive drainage of any kind, from any property into
or upon any adjoining property, or onto or along any public highway,
road, street, avenue, lane or alley.
E.
The burning of garbage, tires or other tar products.
F.
Permitting or allowing any well or cistern to be,
or remain, uncovered.
G.
Permitting the growth of any grass, weed, noxious
weeds or any vegetation whatsoever, to conceal any rubbish, garbage,
trash or any other violation of this chapter.
H.
Pushing, shoveling or otherwise depositing snow upon
the cartway or traveled portion of any public highway, road or street
which is maintained by the Township or by the Commonwealth of Pennsylvania,
and allowing the same to remain thereon.
I.
The establishment, maintenance, carrying on or permitting
of any use or activity which is dangerous, injurious, offensive or
damaging to the property of others, or which prevents the reasonable
use, comfort or enjoyment of the property of others by reason of flames,
odor, smoke, fumes, dust, gas, noise, dirt, vibration or emission
of electromagnetic waves. In determining the offensive or damaging
nature of any of the aforesaid items, the Township is not required
to make quantitative measurements by instrumentation or other testing,
but, instead, may utilize the reasonable and substantial determinations
of affected individuals, property owners or occupiers, as well as
testimony of the Supervisors, or other persons authorized by the Township.
J.
The setting, maintenance, operation, conduct or permitting
of the establishment and maintenance of fire, combustion or manufacturing,
or commercial or other process which is or shall be accompanied by
constant, periodic or occasional emission of smoke, odor, sparks,
ash particles, burned sawdust and debris, or the creation and spreading
of ash, debris, poison and like materials on surrounding or adjacent
property to the annoyance, disturbance or detriment of surrounding
property owners, residents, passersby or the traveling public.
K.
The storing of gasoline, kerosene or other petroleum
products in excess of 5,000 gallons, except by gasoline service stations
or petroleum products companies.
L.
Removing or altering the embankment of a stream so
as to alter the natural flow of the stream.
M.
Interfering with the flow of a stream, creek or other
waterway, by means of a dam, construction or otherwise.
N.
The permitting, growth or maintenance of ragweed,
chicory, thistle, goldenrod, poison ivy, poison oak, sumac, or other
similar vegetation, in such a manner that it extends or borders upon
or overhangs any street, roadway, sidewalk or other public place.
O.
The permitting, growth or maintenance of any grass,
weeds or other such vegetation, not edible or planted for some useful
or ornamental purpose, so as to exceed a height of six inches. Excluded
from this subsection are wooded areas and open fields or acreage to
within 100 feet of any building or structure.
[Added 10-19-2020 by Ord. No. 244]
New Garden Township has determined that the planting, cultivating
and growing of certain running plants, particularly those plants commonly
referred to as "bamboo," within New Garden Township has a negative
impact on the health, safety and welfare of the citizens of New Garden
Township and the public at large, as the uncontrolled planting, cultivating
and growth of said bamboo plants results in the destructive spread
of said plants onto private and public property and thereby constitutes
a nuisance within New Garden Township. New Garden Township has therefore
determined that is in the best interests of the citizens of New Garden
Township and the public at large to control the planting, cultivating
and/or growing said bamboo plants within New Garden Township, primarily
by prohibiting the future planting, cultivating and/or growing said
bamboo plants within New Garden Township, and by requiring the use
of barriers to prevent the invasive spread of existing bamboo plants
within New Garden Township.
A.
For purposes of this chapter, bamboo found growing upon a property
shall constitute presumptive evidence that the bamboo was planted,
cultivated and/or grown by, and/or with the consent of, the subject
property owner, tenant, and/or any other individual, entity or corporation
then having control of and/or over the subject property, subject to
the definition of "bamboo owner," above.
B.
Prohibition. Upon the effective date of this section, the planting,
cultivating and/or growing of bamboo shall be prohibited within the
Township. No persons, property owners, tenants, and/or other individuals,
entities, and/or corporations having control of and/or over any property
located within the Township shall plant, cultivate, and/or cause to
grow any bamboo on any real property within the Township. Any person
who plants, cultivates, and/or grows, and/or causes or allows to be
planted, cultivated and/or grown, bamboo within the Township shall
be deemed to be in violation of this chapter and shall be subject
to such penalties as are set forth herein.
C.
This section shall not be deemed to alter or abrogate any rights
at common law, or otherwise, that any persons, property owners, tenants,
and/or other individuals, entities, and/or corporations may have to
recover the cost of removal of any bamboo found on their own property
that has encroached from a neighboring property.
D.
Exceptions. Notwithstanding the prohibitions set forth in § 121-3.1B, above, upon the effective date of this section, persons, property owners, tenants, and/or other individuals, entities, and/or corporations having control of and/or over any property located within the Township shall be permitted to plant, cultivate, and/or cause to grow bamboo on any real property within the Township only if:
(1)
The root system of such bamboo is entirely contained within
an above-ground-level planter, barrel or other vessel of such design,
material, and location as to prevent completely the spread of growth
of the bamboo root system beyond the container in which it is planted;
or
(2)
The root system of such bamboo is contained within and/or restricted
by a barrier, constructed in accordance with the following specifications,
and installed by an experienced installer with certification provided
to the Township:
(a)
The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a thickness of 40 mils, or more;
(b)
Each portion or sheet of the barrier shall be secured or joined
together by the use of stainless steel clamps or stainless steel closure
strips designed to be used with such barriers;
(c)
The barrier shall be installed not less than 30 inches deep;
(d)
The barrier shall be circular or oblong shaped;
(e)
Not less than three inches of the barrier shall protrude above
ground level around the entire perimeter of the bamboo; and
(f)
When installed, the barrier shall slant outward from the bottom
to top.
(3)
Any and all bamboo existing pursuant to this shall, at all times,
be located, trimmed and maintained so that no bamboo, or any part
thereof, shall be within 10 feet of any property line, curb, and/or
sidewalk, nor within 40 feet of any roadway, cartway, street, storm
sewer, sanitary sewer and/or public water facilities within the Township.
E.
Any bamboo that has been planted or otherwise permitted to grow on
any property within the Township prior to the effective date of this
section may remain on such property subject to compliance with the
following:
(1)
The bamboo shall not be within 10 feet of any property line,
curb, and/or sidewalk, or within 40 feet of any roadway, cartway,
street, storm sewer, sanitary sewer and/or public water facilities
within the Township.
(2)
Any bamboo owner whose property contains bamboo that is located
within 10 feet of any property line, curb, and/or sidewalk, or within
40 feet of any roadway, cartway, street, storm sewer, sanitary sewer
and/or public water facilities within the Township shall remove such
bamboo and shall abate the growth of such bamboo so that it is not
within 10 feet of any property line, curb, and/or sidewalk, nor within
40 feet of any roadway, cartway, street, storm sewer, sanitary sewer
and/or public water facilities within the Township.
(3)
A bamboo owner shall further be responsible to ensure that any bamboo planted and/or growing on the property of the bamboo owner prior to the effective date of this section is maintained such that it does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and public rights-of-way. If the Township determines that any such bamboo, or part thereof, has been allowed to encroach, grow upon, extend roots across, and/or extend branches, stalks and/or leaves over any public right-of-way and/or any private property not owned by and/or in the possession of the bamboo owner, the bamboo owner shall be required to comply with the provisions of § 121-3.1D(2) above.
F.
Replanting prohibited. Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this section may not be replanted or replaced in kind once such running bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed, unless such replanting is consistent with the provisions of § 121-3.1D above.
Whenever a condition constituting a nuisance
or health hazard is permitted or maintained, the Supervisors, or persons
authorized by the Township, may give the owner of the property in
which said nuisance is located, and any other person permitting the
maintenance of such a nuisance, written notice to completely remove,
repair or abate the same. Said notice shall require such removal,
repair, or abatement within 15 days of the date of such notice. Said
notice shall be served in one of the following matters:
A.
By personal delivery;
B.
By certified mail, return receipt requested, to the
last known address of the owner;
C.
By posting a copy of the notice upon the premises;
or
D.
By publishing a copy of the notice in a local paper
of general circulation within New Garden Township, Chester County,
Pennsylvania, once a week for three consecutive weeks.
Any person who, after delivery, posting or publication of notice as provided for in § 121-4, continues the maintenance of the conduct, activity or condition declared to be a nuisance, or who fails to take action to completely remove, repair or abate said nuisance when directed to do so, shall be determined to be guilty of a violation of this chapter and, upon conviction thereof before a District Justice by a summary proceeding, be sentenced to pay a fine not to exceed $1,000, plus costs of prosecution, including reasonable attorney's fees, or sentenced to undergo imprisonment for a period not exceeding 90 days, or both. Each day that a violation of this chapter continues shall constitute a separate offense.
In addition to, or instead of, invoking the
penalties set forth in the preceding section, the Township, or persons
authorized by the Township, may, in the event of any continued violations
of this chapter, enter upon the offending premises and remove, repair
or alter any nuisance, hazard or dangerous structure or condition
on such property, or otherwise abate any identified nuisance or health
hazard. Further, the Township may collect the costs of such removal
or abatement, together with any penalty and costs as granted in summary
proceedings, from the owner of the property or premises. The actual
costs of such removal, together with the penalties, costs and reasonable
attorney's fee, shall be a lien upon such premises, and may be enforced
against the property and recovered by the Township in the manner prescribed
for the levying and collecting of municipal liens under appropriate
law.
The Township may, by means of a complaint in
equity or other appropriate filing, compel the owner of a structure
or premises declared a nuisance to comply with the terms of any notice
of violation, or seek any other appropriate relief, including an injunction,
from any court of competent jurisdiction.
