Borough of West Chester, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of West Chester 7-16-2003 by Ord. No. 14-2003. Amendments noted where applicable.]
Provided that they create a disturbance, or cause substantial annoyance, inconvenience or injury to the public as a whole, the following actions upon real property in the Borough shall be deemed a public nuisance:
A. 
The accumulation or storage of garbage, waste, refuse, rubbish or recyclables, including newspapers, not in accordance with the provisions in Chapter 62, Garbage Rubbish and Refuse.
B. 
The accumulation or storage of abandoned or junked vehicle(s) which do not have a valid current registration.
C. 
The accumulation or storage of scrap metal, other abandoned or junk material including but not limited to electrical appliances and furniture.
D. 
Any use of or activity upon property that, by reason of flame, smoke, odors, fumes, noise or dust, unreasonably interferes with the reasonable use, comfort and enjoyment of a neighbor’s property or endangers the health or safety of the occupants of a neighboring property.
E. 
The excessive or unreasonable accumulation of scrap, junk, trash or garbage upon any premises causing odors, fumes or unsightly appearance to neighboring property owners.
F. 
Posting, erecting or hanging handbills, leaflets or other commercial advertising on public buildings or structures, lampposts, public utility poles and shade trees on public property without the Borough’s consent.
G. 
Posting, erecting or hanging handbills, leaflets or other commercial advertising on trees on private property without the owners’ consent.
H. 
Occupying and using the roof of a building when such roof is not designed and permitted for such occupancy by the Borough Building Code, except when performing repairs or maintenance of the roof.
[Added 6-19-2013 by Ord. No. 4-2013]
A. 
Any person who violates or permits the violation of any provision of this chapter shall, upon conviction thereof in a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be subject to the payment of the following fines:
(1) 
An amount of not less than $25 for the first offense in any three-hundred-sixty-five-consecutive-day period;
(2) 
An amount not less than $50 for the second offense if it occurs within the same three-hundred-sixty-five-day period as the first offense; and
(3) 
An amount not less than $100 for the third offense if it occurs within the same three-hundred-sixty-five-day period as the first and second offense.
B. 
The maximum fine in all cases shall be $1,000. The defendant shall also be liable for all court costs, including reasonable attorney fees, incurred by the Borough. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days. Each section or provision of this chapter that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice in the amounts specified above, plus the costs of prosecution, and upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term not more than 30 days.
In addition to any other remedies provided in § 84-2 above, if a defendant fails to abate a public nuisance as prohibited in § 84-1, the Borough Council may seek to abate such nuisance by seeking appropriate equitable or legal relief from a court of competent jurisdiction.
The provisions of this chapter shall be in addition to zoning, fire prevention, sanitary, building and housing, property maintenance, and any other ordinances or resolutions now in effect in the Borough which declare certain actions or conduct a public nuisance.