A.
Procedures for handling nuisances. The Health Officer,
upon receiving a complaint of the existence within the Borough of
Columbia of a nuisance which may affect the public health or is or
may be so offensive to the senses of a person of normal sensibility
as to interfere with the comfort or enjoyment of life or when the
probable existence of any such nuisance comes to his attention, shall
make an immediate and thorough investigation; and if such nuisance
exists, he shall take all measures within his power and authority
to secure its abatement.
B.
Investigation.
(1)
The Health Officer shall make or cause to be made
such surveys, investigations, inspections and visits as he may deem
necessary to ascertain the existence of a nuisance within the Borough
of Columbia or to prevent the occurrence of a nuisance within the
Borough by securing compliance with the provisions of this health
code.
(2)
The Health Officer shall collect or cause to be collected
and shall analyze or cause to have analyzed all samples, specimens,
materials or substances from any premises whatsoever wherein or whereon
a nuisance is suspected to exist for the purpose of determining the
existence of a nuisance or noncompliance with this health code.
C.
Authority of the Health Officer.
(1)
Whenever any nuisance, source of filth, or cause or
probable cause of sickness shall be found by the Health Officer to
exist on any private or public property within the Borough of Columbia
in violation of this health code, which violation injuriously affects
or may affect the health and/or welfare of the residents of the Borough
of Columbia, the Health Officer shall order the owner, occupant or
user thereof, by appropriate action, at the expense of such owner,
occupant or user, to correct and remove such nuisance, source of filth
or cause or probable cause of sickness within such reasonable time
as the Health Officer shall determine. Service of such order shall
be as follows:
(a)
By delivery personally to the owner, occupant
or user, whichever one is the responsible party, or by leaving the
notice at the usual abode of the owner, occupant or user with a person
of suitable age and discretion; or
(b)
By certified or registered mail addressed to
the owner, occupant or user at his last-known address with postage
prepaid thereon; or
(c)
By posting and keeping posted for 24 hours a
copy of the notice in placard form in a conspicuous place on the premises
in violation.
(2)
Whenever the Health Officer finds that an emergency
exists which requires immediate action to protect the public health,
he may issue an order, prior to notice herein required, reciting the
existence of such an emergency and requiring that such action be taken
as he deems necessary to meet the emergency.
Except as set forth in Article V, § 126-20, any person or entity who is aggrieved by the action of the Health Officer or the Board of Health taken pursuant to this chapter of the Code of the Borough of Columbia may appeal that action to the Borough Council of the Borough of Columbia. Borough Council shall, in writing, within 45 days of receipt of the written appeal, hold a hearing thereon in accordance with the rules and regulations of the Local Agency Law[1] of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 2 Pa.C.S.A. § 105
et seq.
Every person who shall provide a toilet for
the use of employees, patrons or members, or available to the public,
shall maintain such toilet at all times in a clean, well-lighted,
ventilated and sanitary condition. An adequate supply of clean toilet
paper, hand-washing soap and single-use towels shall be provided at
all times. The floor of any such toilet room shall be impervious to
moisture and properly drained. No drinking cup, towel, hairbrush or
comb shall be provided for common user in any such toilet or in a
washroom, restroom or looker room adjacent thereto. The owner of the
building or his agent in charge thereof, wherein two or more tenants
shall have common use of a toilet or shower, shall be responsible
for the maintenance or repair of such toilet or shower and keep it
in a clean and sanitary condition.
A.
BUILDING
COMMERCIAL USE
COOP
ENCLOSURE
PEN
SHELTER
SMALL ANIMAL
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A permanent construction consisting of at least three side
walls and a roof.
Operation of a business or enterprise which provides a service
or product for sale to the public. For the purposes of this article,
"commercial use" shall include but not be limited to animal hospitals,
veterinarian establishments, pet grooming salons, pet stores, laboratories
and zoological gardens.
A building commonly used to keep fowl.
An unroofed, enclosed area in which animals are habitually
confined.
A small enclosure.
A roofed or partially roofed area providing protection from
the elements.
Dog or cat or other animal weighing under 100 pounds.
B.
General requirements. No person may keep an animal,
fowl or reptile in or on any premises in which such keeping is prohibited
by law or ordinance of the Borough or is prohibited as a use of property
by the Zoning Ordinance[1] of the Borough of Columbia or is prohibited by a regulation
adopted and promulgated by any appropriate authority of the Borough
of Columbia including the Building Code Official, Fire Marshal, or
any governmental authority having competent jurisdiction.
C.
Location of buildings and structures. No person may
erect a building or shelter or enclosure for animals or fowl without
securing a permit from the Code Enforcement Officer of the Borough
of Columbia. No person shall keep and maintain within the limits of
the Borough any buildings, shelters or corrals for any animals or
domestic fowl unless said buildings, shelters or corrals shall be
so located on the property as to be at least 20 feet from any building
used for human habitation, and at least 100 feet from any food-service
establishment.
D.
Health and sanitation. Every stable or other building
wherein any animal is kept shall be constructed of such material and
such manner that it can be clean and sanitary at all times.
(1)
The Health Officer may require such other measures
to be taken as may be necessary to insure proper protection of the
public health and safety and compliance with this health code.
(2)
All structures, corrals, pens or yards wherein small
animals or fowl are kept shall be maintained in a clean and sanitary
condition, devoid of all rodents or vermin, free from objectionable
odors. No manure shall be allowed to accumulate nor shall be dumped
on any open area or lot in the Borough of Columbia. The Health Officer,
upon the complaint of any person, shall inspect such structure or
premises and issue any such order as may be necessary to carry out
the provisions of this health code.
A.
No person owning, harboring, keeping or in charge
of any dogs shall cause or allow such dog to defecate upon any other
person's private property without the permission of such other person
or upon any public property. Where such person shall immediately remove
all feces deposited by the animal and dispose of the same in a sanitary
manner, the nuisance created by defecation shall be considered abated
and such person shall not be in violation of this article.
B.
Guide dogs accompanying a blind person, dogs used
to assist any other physically handicapped persons or animals used
in any police or fire activity shall be exempt from the provisions
of this article.
C.
Enforcement.
(1)
The provisions of this article shall be enforced by
the Health Officer, his duly authorized representatives, and any other
officer having police power within the Borough of Columbia.
(2)
In undertaking the enforcement of this article the
Borough of Columbia is assuming only to promote the general welfare.
The Borough of Columbia is not assuming, nor is it imposing on any
of its officers or employees, an obligation for breach of which it
is liable and money damages to any person who claim that any breach
approximately caused injury.
(3)
Violation of this article shall not be considered
negligent per se.
D.
Citizen suits.
(1)
Except as provided in Subsection D(2) below, any citizen may commence a civil action on its own behalf against any person except the Borough, commonwealth, or United States, or any department or agency thereof, to enforce the provisions of this article.
(2)
No action may be commenced under this subsection:
(a)
Prior to 30 days after the plaintiff has given
written notice of the alleged violation to the Health Officer and
to the alleged violator; or
(b)
If the Borough of Columbia has commenced and
is diligently prosecuting a civil or criminal proceeding against the
alleged violator that incorporates the citizen's cause of action.
(c)
For the purposes of this subsection the term
"citizen" means any person or persons having an interest which is
or may be adversely affected.
