[Adopted 10-16-2001 by Ord. No. 1016001]
For the purposes of this article the following terms, phrases, words
and their derivations shall have the meaning given herein. When not consistent
with the context, words used in the present tense include the future, words
in the plural number include the singular number, and words in the singular
number include the plural number, and the word "shall" is always mandatory
and not merely directory.
The Board of Supervisors of German Township, Fayette County, Pennsylvania.
The unreasonable, unwarrantable or unlawful use of public or private
property which causes injury, damage, hurt, inconvenience, annoyance or discomfort
to any person in the legitimate enjoyment of his reasonable rights of person
or property.
A person owning, leasing, occupying or having charge of any premises
within the Township.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of German, Fayette County, Pennsylvania.
Nuisances, including but not limited to, the following, are hereby declared
to be illegal unless specifically authorized by a lawfully obtained current
zoning permit:
A.
Storing or accumulating the following:
(1)
Garbage or rubbish.
(2)
Junk material (including, but not limited to, unused
or abandoned vehicles, machinery, equipment or appliances).
(3)
Other junk (including, but not limited to, any and all
forms of waste and refuse of any type of material, including scrap metal,
glass, industrial waste and other salvable materials.
B.
Storing or accumulating abandoned or junked motor vehicles.
C.
Drainage or flowing, or allowing to drain or flow, by
pipe or other channel, whether natural or artificial, any foul or offensive
water or drainage from sinks, bathtubs, wash stands, lavatories, water closets,
swimming pools, privies or cesspools of any kind or nature whatsoever, or
any other foul or offensive water or foul or offensive drainage of any kind,
from property along any public highway, road, street, avenue, lane or alley
in the Township into or upon any said highway, road, street, avenue, lane
or alley; or from any property into or upon any adjoining property.
D.
Draining or flowing, or allowing to drain or flow, any
water or drainage from improvements situate upon property near any public
highway, road, street, avenue, lane or alley in the Township into or upon
the cartway or traveled portion of any said highway, road, street, avenue,
lane or alley, except where provision has been made in said cartway or traveled
portion for said drainage by means of a drainage ditch or otherwise.
E.
Permitting or allowing any well or cistern
to be or remain uncovered.
F.
Restricting or impeding in any way any established ditch
line or drain pipe.
G.
Interfering with the flow of a stream, creek or other
waterway, by means of dam construction or otherwise, without a proper permit
from the appropriate authorities.
H.
Excavating or filling the bed, or removing the embankment
of a stream, creek or other waterway so as to alter the natural flow of the
stream, without a proper permit from the appropriate authorities.
I.
Maintaining or causing to be maintained any dangerous
structure, including, but not limited to, abandoned or unoccupied buildings
or parts of buildings in a state of dilapidation or disrepair.
J.
Pushing, shoveling or otherwise depositing snow upon
the cartway or traveled portion of any public highway, road, or street which
is maintained by this Township, or by the Commonwealth of Pennsylvania, and
allowing same to remain thereon.
K.
Allowing or permitting any excavation, material excavated,
or obstruction, on or adjoining any highway, road or street, to remain open
or exposed without the same being secured by a barricade, temporary fence,
or other protective materials.
L.
Originating, reproducing, generating, or otherwise creating
or permitting to be created (whether by mechanical or electrical means or
by maintenance of domestic animals) any loud or offensive sounds, noises or
vibrations which cause inconvenience, annoyance or discomfort to any person
in the legitimate enjoyment of his reasonable rights of person or property,
except for any lawfully permitted activity or business, insofar as such sounds
or noises or vibrations are specifically limited to the hours from 7:00 a.m.
to 10:00 p.m.
M.
Acting in a manner that would cause a public nuisance
by engaging in fighting, encouraging fighting, cursing, harassing, stalking
or any unnecessary action that causes a nuisance in private or public places
in the Township.
N.
Burning tires or tire products.
O.
Removing, destroying or tampering with any street signs
or traffic control signs erected by the Township or state.
P.
Making or causing to be made unnecessary dust, dirt or
fumes in the air by means of mechanical or electrical devices or of any way
of a kind that becomes a nuisance to the general public or private place.
Q.
Interfering with the duties of employees and fire fighters
while they are on duty.
R.
Consuming or possessing any alcoholic beverages of any
kind in any public place.
It is not intended that any individual shall obtain a private right
of enforcement in this article. The Township retains the exclusive right and
responsibility for its enforcement. Individuals seeking enforcement of this
article must submit a written letter or affidavit to the Township detailing
the violations and signed by the complaining person or persons.
A.
Whenever a condition constituting a nuisance is permitted
or maintained, the Board of Supervisors or their enforcement officer shall
cause written notice to be served upon the property owner in one of the following
ways:
(1)
By making personal delivery of the notice to the owner.
(2)
By handing a copy of the notice at the residence of the
owner to an adult member of the household in which he resides.
(3)
By fixing a copy of the notice to the door at the entrance
of the premises in violation, or on the door of the owner's home if such home
is not located on the premises in violation.
(4)
By mailing a copy of the notice to the last known address
of the owner by certified mail.
(5)
By publishing a copy of the notice in a newspaper of
general circulation in the Township once a week for three consecutive weeks.
B.
The person serving such notice shall file with the Township
an affidavit stating the time, date, place and method of service and specifying
by whom such service was made. Such affidavit shall become a permanent record
of the Township.
C.
Such notice shall set forth in what respects such condition constitutes a nuisance, and whether removal is necessary and required by the Township, or whether the situation can be corrected by repairs, alterations, fencing or boarding, or in some way by confining and limiting the nuisance. Such notice shall require the owner to commence action in accordance with the terms thereof within 21 days and thereafter to comply fully with its terms with reasonable dispatch; all materials to be supplied and work done at the owner's expense; provided, however, that if the violation charged is under § 10-16E, F, G, H, I, J, K, L, M, N, O, P, Q or R, and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.
A.
If the owner after receiving due notice refuses or fails
to comply with the terms thereof, upon conviction thereof in an action brought
before a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this article continues or each section
of this article which shall be found to have been violated shall constitute
a separate offense.
B.
The Board of Supervisors may direct the removal, repairs
or alterations, as the need may dictate, to be done by the Township, and the
cost thereof, with a penalty of 10% may be collected from the owner of the
premises by an action in assumpsit, or the Township may file a municipal claim
and lien against such real estate in order to collect such costs and penalties.
C.
The Township by means of a complaint in equity may seek
injunctive relief to compel the owner to comply with the terms and conditions
of the notice and may seek such other relief as the courts are empowered to
afford, including payment of the Township's reasonable attorney's fees and
all court costs.
