[Adopted 4-28-2003 by Ord. No. 2-2003]
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LESSEE
Owner for the purpose of this article when the lessor holds the lessee responsible for maintenance and repairs.
NUISANCE
Any condition, structure or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of Londonderry Township.
OWNER
The actual owner, agent or custodian of the property on which machinery, equipment or materials are stored, structures maintained, whether individual or partnership, association or corporation.
PERSON
A natural person, firm, partnership, association, corporation or other legal entity.
B. 
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to create or maintain any structure or condition upon their property which could directly or indirectly cause a nuisance or health hazard to residents of the Township. Specifically, dilapidated or damaged structures, the unsheltered storage or maintenance of unused, stripped, damaged and generally unusable machinery or equipment, or materials, shall be considered a nuisance and/or health hazard if any of the following conditions exist:
A. 
Broken glass or metal parts with sharp or protruding edges.
B. 
Openings or areas which are conducive to the harboring and growth of vermin.
C. 
Storage in any manner which would allow the equipment, machinery, material or any parts thereof to easily shift, tilt or fall from its original storage position.
D. 
Contains any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, gasoline, oil, battery acids, refrigeration agents and poisons.
E. 
Any other condition which, in the opinion of the inspecting official, shall be deemed to be a health hazard, potential health hazard or nuisance.
A. 
Storage of such items as listed in § 84-2 hereof on personal property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Township ordinances, or in state of federal laws or regulations. Each person, owner or lessee desiring to store items described in § 84-2 must first apply for a permit for either temporary or permanent storage and pay a fee to Londonderry Township such as may be provided from time to time by resolution of the Board of Supervisors. The nuisance(s) must be stored within a garage or other enclosed building, or outside within an opaque fence at least six feet high which is locked at all times when unattended. With the special approval of the Board of Supervisors, nuisances may also be stored outside in an area enclosed by a chain link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, the machinery, equipment or materials shall be kept free of vermin infestation while being stored; and all gas, oil or other potentially hazardous substances shall be removed. The total area of storage of such potential nuisances may not exceed 5% of the area of the subject premises.
B. 
Nothing herein shall be construed to permit the storage of machinery, equipment or material nuisances contrary to the provisions of Chapter 170, Zoning, and Chapter 130, Subdivision and Land Development.
A. 
The Zoning Officer and/or Building Inspector and Township Engineer are hereby empowered to inspect grounds on which machinery, equipment and/or various materials are stored to determine if there is compliance with the provisions of this article. If noncompliance with the provisions of this article constitutes a nuisance, or if any condition, structure or improvement poses a threat to the health, safety or welfare of the public, he shall issue a written notice to be served by certified mail upon the owner of said premises as set forth on the tax assessment records or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
B. 
Said notice shall specify the condition considered to be a hazard and/or nuisance and shall require the owner to commence to remove or otherwise rectify the condition as set forth therein within 10 days of mailing or posting of said notice and thereafter to fully comply with the requirements of the notice within a reasonable time.
If the owner of grounds on which the violation exists does not comply with the notice to abate the conditions within the time limit prescribed, the Township shall have the authority to take measures to correct the conditions and collect the cost of such corrections, plus 10% of all costs. Collection may be enforced by legal action, including the Municipal Lien Law.[1]
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
A. 
Any person aggrieved by the decision of the Zoning Officer and/or Building Inspector may request and shall then be granted a hearing before the Board of Supervisors; provided he files with the Board of Supervisors, within 10 days after notice of the Zoning Officer and/or Building Inspector's decision, a written petition requesting such a hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the petition was filed, unless postponed for sufficient cause.
B. 
After such hearing, the Board of Supervisors shall sustain, modify or overrule the action of the Zoning Officer and/or Building Inspector.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
The remedies provided herein for the enforcement of this article, or any remedy provided by law, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively at the option of the Board of Supervisors.