[HISTORY: Adopted by the Borough Council of the Borough of Kane 6-12-1995 by Ord. No. A-908. Amendments noted where applicable.]
The word "nuisance," as used in this chapter, shall mean any use of property within the borough, or any condition upon property within the borough that, other than infrequently, causes or results in: annoyance or discomfort to persons beyond the boundaries of that property; interference with the health and/or safety of persons beyond the boundaries of that property or of persons who might reasonably be expected to enter upon or be in that property; and/or disturbance to or interference with the peaceful use of the property of others within the borough, in any case taking into consideration the location of the use or condition and the nature and condition of the surrounding neighborhood. Specifically, the word "nuisance" shall include, but not be limited to, the following:
A. 
The accumulation or storage of junked, abandoned discarded vehicles, trailers, boats, appliances or household furnishings or parts thereof.
B. 
Loud playing of radios, television sets, amplifiers and other sound devices so as to be heard beyond the premises from which the same shall emanate.
C. 
Keeping or harboring any dog or other animal or fowl which by frequent howling or barking or other noise or odor shall annoy or disturb the neighborhood or a number of persons.
D. 
The maintenance of any structure, equipment or device, or the accumulation or storage of debris, material, bulky waste or solid waste in such a condition as to allow the same to attract, harbor or provide breeding grounds for insects, rodents or other vermin or creates conditions harmful to public health or creates safety hazards, odors, unsightliness or public nuisance.
[Amended 5-8-2024 by Ord. No. A-1076]
E. 
The storage, accumulation or depositing of any abandoned or used building material of any kind.
F. 
The appearance of any sewage, toilet, kitchen and laundry wastes on the surface of the ground or in or reaching to any creeks, streams or bodies of water or sources of water supply.
G. 
The conducting of any noxious or offensive manufacture, business or other activity by reason of odor, dust, fumes, smoke, gas, vibration, illumination or noise.
H. 
The burning of garbage, vegetable waste, rubber, plastics, furniture, glass, metals, crocking, car products or any other materials which will create nauseous or noxious fumes, smoke, toxic chemicals or excessive fly ash.
I. 
Creating smoke to such an extent that the smoke is an annoyance or discomfort to persons beyond the boundaries of that property.
J. 
Creating or maintaining "attractive nuisances," which is the leaving of dangerous instrumentality which by its character is dangerous and attractive to children and in a place frequented by children.
K. 
The failure to take steps and perform maintenance to buildings or structures to ensure the property is safe, sound, sanitary and secure and does not present a health or safety hazard to surrounding properties or to the general populace.
L. 
The accumulation or storage upon any public or private property within the Borough, any garbage, rubbish, bulky waste or any other municipal or residual solid waste.
[Added 5-8-2024 by Ord. No. A-1076]
As used in this chapter the following words or phrases shall have the meaning ascribed to them in this section:
ABANDONED
Any item resting for 48 hours or more and which is inoperable or any item which meets one or more of the following criteria:
[Amended 11-14-2018 by Ord. No. A-1045]
A. 
Without current registration plates.
B. 
Without certificate.
C. 
Without inspection.
D. 
Without valid insurance.
APPLIANCE
A stove, refrigerator, television, furnace, water heater, water softener, washer, dryer or mangle, household articles used to perform any of the necessary work in a household, and articles used in business to increase production or to speed, ease or eliminate work.
BOAT
Any vessel capable of transporting a person on any river, stream, creek, lake or ocean.
BULKY WASTE
Large items of solid waste including, but not limited to, appliances, household furnishings, large auto parts, trees, branches, or stumps which may require special handling due to their size, shape, and weight.
[Added 5-8-2024 by Ord. No. A-1076]
DISCARDED
Any item resting for 96 hours or more with no known or apparent owner.
GARBAGE
Any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors.
[Added 5-8-2024 by Ord. No. A-1076]
HOUSEHOLD FURNISHINGS
Includes all items normally found and used in a home.
JUNKED
Items sold or to be sold for scrap, being stripped or being used or sold for parts.
PERSON
A natural person, the members of an unincorporated association, all the partners of a partnership and the officers and Board of Directors of a corporation.
RUBBISH
All non-putrescible municipal waste except garbage and other decomposable matter. This category includes, but is not limited to, ashes, bedding, cardboard, cans, crockery, glass, paper, wood, and yard cleanings.
[Added 5-8-2024 by Ord. No. A-1076]
SOLID WASTE
Any waste including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
[Added 5-8-2024 by Ord. No. A-1076]
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
[Added 5-8-2024 by Ord. No. A-1076]
TRAILER
A wheeled device used as a means of carrying, hauling or conveying any vehicle, person, animal, object or boat.
VEHICLE
An automobile, motorcycle, minibike, bicycle, go-cart, truck, all-terrain vehicle (ATV), or other wheeled means or conveyance, motorized or self-propelled.
[Amended 5-8-2024 by Ord. No. A-1076]
[Amended 5-8-2024 by Ord. No. A-1076]
A. 
Borough Council’s designee is authorized and empowered to inspect the private property when a suspected prohibited act is witnessed or reported to determine if there is compliance with the provisions of this chapter. If noncompliance with the provisions of this chapter 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 comply at the time of the inspection on the property. Within two days, notice will also be sent by United States mail, and if no response by regular mail after seven days, by posting the notice conspicuously upon the offending premises.
B. 
Said notice shall specify the condition or structure or improvement cited and shall require the owner to commence to remove or otherwise rectify the condition or structure or improvement as set forth therein within seven days of posting of said notice, to fully comply with the requirements of the notice within a reasonable time, and to stay within compliance for a period of no less than 12 consecutive months.
[Amended 5-8-2024 by Ord. No. A-1076]
If, the Council of the Borough of Kane determines that any person, partnership, association or corporation is carrying on any of the above prohibited activities, so as to constitute a nuisance in entity in default, thereupon Council may prohibit and remove any nuisance or dangerous structure on public or private grounds, including, but not limited to accumulation of garbage and rubbish, the storage of abandoned or junked automobiles and any obstructions or nuisances in the streets of the Borough. The Borough may require the removal of any nuisance or dangerous structure by the owner or occupier of the grounds or remove the nuisance or dangerous structure itself and collect the cost of removal together with a penalty of 10% of the cost from the person or other entity who created, continued, caused or maintained the nuisance and/or permitted it to exist, in the manner provided by law for the collection of municipal claims. If payment is not made within 30 days, the Borough of Kane may lien the property for the cost of the abatement of the nuisance plus the penalty, and fees.
Upon failure to abate or remove a nuisance as determined hereinabove within the time prescribed, summary proceedings may be instituted against any violator of the within chapter who, upon conviction thereof, shall be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that violation of this chapter continues shall constitute a separate offense.
This chapter shall not be construed to be the sole means for abatement of nuisances within the borough, and nothing shall preclude any person from proceeding individually or with other injured persons to effect the abatement of a private nuisance. Furthermore, in the exercise of the powers conferred in this chapter, the borough may institute proceedings in equity.
All fines levied, assessed and paid under the terms of this chapter shall be payable by the District Justice or such other judicial officer to the Borough of Kane for the general use of the borough or as otherwise provided by law.
A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LESSEE
Owner for the purpose of this chapter when the lessor holds the lessee responsible for maintenance and repairs.
MOTOR VEHICLE
Any type of mechanical device, propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semi-trailers pulled thereby.
NUISANCE
Any condition, structure or improvement which shall constitute a danger or potential danger to the health, safety or welfare of the citizens of the borough.
OWNER
The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association or corporation.
PERSON
A natural person, firm, partnership, association, corporation or other legal entity.
B. 
In this chapter, 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, owner or lessee to maintain a motor vehicle nuisance upon the open private grounds of such person, owner or lessee within the borough. A motor vehicle nuisance shall include any motor vehicle which is unable to move under its own power and has any of the following physical defects:
A. 
Broken windshields, mirrors or other glass, with sharp edges.
B. 
One or more flat or open tires or tubes which could permit vermin harborage.
C. 
Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.
D. 
Any body parts with sharp edges including holes resulting from rust.
E. 
Missing tires resulting in unsafe suspension of the motor vehicle.
F. 
Upholstery which is torn or open which could permit animal and/or vermin harborage.
G. 
Broken head lamps or tail lamps with sharp edges.
H. 
Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle.
I. 
Broken vehicle frame suspended from the ground in an unstable manner.
J. 
Leaking or damaged oil pan or gas tank which could cause fire or explosion.
K. 
Exposed battery containing acid.
L. 
Inoperable locking mechanism for doors or trunk.
M. 
Open or damaged floor boards including trunk and fire wall.
N. 
Damaged bumpers pulled away from the perimeter of vehicle.
O. 
Broken grill with protruding edges.
P. 
Loose or damaged metal trim and clips.
Q. 
Broken communication equipment antennae.
R. 
Suspended on unstable supports.
S. 
Such other defects which could threaten the health, safety and welfare of the citizens of the borough.
A. 
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 179-9 above may store such vehicle(s) only in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply for a permit for either temporary or permanent storage and pay a fee to the borough in an amount as established, from time to time, by resolution of Borough Council . The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within a opaque fence at least six feet high which is locked at all times when unattended.
B. 
With the special approval of the Borough Council motor vehicle 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, all gas and oil or other flammable liquid shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored. The total area of storage of motor vehicle nuisances may not exceed 600 square feet.
C. 
Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of Chapter 250, Zoning.
[Amended 7-11-2011 by Ord. No. A-1003]
A. 
Borough Council’s designee is authorized and empowered to inspect the private property on which motor vehicles are stored to determine if there is compliance with the provisions of this chapter. If noncompliance with the provisions of this chapter 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 sent by United States mail, and if no response by regular mail after 10 days said notice shall be sent via certified mail, upon the owner of said premises, or if the owner’s whereabouts or identity is unknown, by posting the notice conspicuously upon the offending premises.
B. 
Said notice shall specify the condition or structure or improvement complained of and shall require the owner to commence to remove or otherwise rectify the condition or structure or improvement as set forth therein within 10 days of mailing or posting of said notice, to fully comply with the requirements of the notice within a reasonable time, and to stay within compliance for a period of no less than 12 consecutive months.
If the owner of grounds on which motor vehicles are stored does not comply with the notice to abate the nuisance within the time limit prescribed, the borough shall have the authority to take measures to correct the condition and collect the cost of corrections, plus 10% of all costs. The borough, in such event, and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.
All prosecutions of this chapter shall be brought in the name of the Borough of Kane before any District Magistrate and shall be commenced by information and warrant, citation, or complaint and summons and shall be directed to and be served by a constable or other proper person. Warrants shall be returnable forthwith and upon such return like proceedings shall be had as in case of summary convictions.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
The remedies provided herein for the enforcement of this chapter, 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 Borough Council.