[HISTORY: Adopted by the Board of Supervisors of the Township of
West Brandywine 10-6-1977 by Ord. No. 77-05.
Amendments noted where applicable.]
A.
In all instances within the scope of this chapter, the
singular shall include the plural, and the masculine shall include the feminine
and neuter.
B.
This chapter shall be liberally construed in favor of
the Township of West Brandywine in order to provide for the health, safety
and welfare of the public.
A.
Whenever a condition, structure or improvement exists
on any premises situate within the boundaries of the Township of West Brandywine
which is deemed by the Board of Supervisors of said Township, or its lawful
delegate, to constitute a nuisance, or otherwise poses a threat to the health,
safety and welfare of the public, the said Board of Supervisors, or its lawful
delegate, shall issue written notice to be served by registered or certified
mail upon the owner or occupier or possessor of said premises, or, if his
whereabouts or identity be 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 or occupier or possessor
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,
and thereafter, to fully comply with the requirements of the notice within
a reasonable time.
Whenever any person shall have utilized the highways of West Brandywine
Township in such a manner as to result in the deposit thereon of dirt, debris
or foreign matter of any kind in such quantities, or in such manner as to
have created a hazardous or unhealthy condition, or as to have destroyed,
blocked or caused deterioration of draining or in drain areas adjacent to
said highways, said person shall immediately cause the correction of said
condition or conditions.
Any person who causes or permits the continuance of any nuisance or otherwise dangerous and unhealthy condition as set forth in §§ 123-3 and 123-4 of this chapter without commencing corrective action within 10 days of the mailing or posting of the notice specified in § 123-3, or in either event, by failure to complete corrective action within a reasonable time shall suffer the following:
A.
The Township may cause removal, correction or abatement
of the nuisance, condition, structure or improvement specified in the written
notice by such means as are necessary, including but not limited to demolition
or destruction or reconstruction. The Township, 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.
In the event that the Township shall have incurred any expenses to remove,
correct or abate the nuisance, condition, structure or improvement under the
terms of this chapter, it shall recover the said expenses and a penalty of
5%, and an attorney's fee of 5%, by municipal claim proceedings under
the Act of May 16, 1923, P.L. 207, as amended,[1] or by summary proceedings under the Act of May 1, 1933, P.L. 103,
Article VII, Section 702, Clause XII, as amended,[2] or by an action in assumpsit in the Court of Common Pleas of Chester
County, or by any other remedies as may be available at law, at the election
of the Township.
In lieu of removal, correction or abatement of any nuisance, condition,
structure or improvement constituting a danger to the health, safety or welfare
of the public by the Township of West Brandywine, the said Township may enforce
the provisions of this chapter by an equity action filed in the Court of Common
Pleas of Chester County to compel the offender to do so and to seek such other
relief as the said Court might grant to the Township and if such action is
decided in favor of said Township, costs of the suit and reasonable attorney's
fees shall be paid by the offender to said Township.
[Amended 2-6-1997 by Ord. No. 97-01[1]]
In addition to any or all of the aforementioned civil remedies retained
by the Township, any person who violates or permits a violation of this chapter
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 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 chapter that is violated shall also constitute a
separate offense.
The remedies provided herein for the enforcement of this chapter, or
of any remedy provided by law, shall not be deemed mutually exclusive; rather
they may be employed simultaneously or consecutively, at the option of the
Township of West Brandywine.
