[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.
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.
