As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
COLLECTION OF WATER
Water contained in ditches, pools, ponds, streams, excavations,
holes, depressions, open cesspools, privy vaults, fountains, cisterns,
tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles,
tubs, buckets, roof gutters, tires, reservoirs, vessels, receptacles
of any kind or other container or devices which may hold water.
COURT
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
DWELLING UNIT
One or more rooms in a building, which rooms have fixed cooking
facilities and are arranged for occupancy by one person, two or more
persons living together or one family.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, working with and consumption of food.
INFESTATION
The presence of insects, rodents, vermin and/or other pests.
LOT
Plot, tract, premises or parcel of land, with or without
improvements thereto.
NUISANCE
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of the Township of Athens.
OWNER
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or otherwise,
is vested with title to a lot and/or improvements thereto or who retains
the exclusive control of such a lot and/or improvements thereto in
his or her capacity as a legal representative, such as an administrator,
trustee, executor, etc.
REFUSE
All putrescible and nonputrescible solid waste, including
but not limited to garbage, rubbish, tires, appliances, ashes, dead
animals, market and/or construction or demolition industrial waste.
UNOCCUPIED HAZARD
Any building or part thereof or man-made structure which
remains unoccupied for a period of at least six months with either
doors, windows or other openings broken, removed, boarded or sealed
up, or any building under construction upon which little or no construction
work has been performed for a period of more than six months.
VECTOR
A rodent, arthropod or insect capable of transmitting a disease
or infection. Vectors shall include but are not limited to rats, flies,
mosquitoes, cockroaches, ticks, fleas, etc.
Any occupant of a premises shall be responsible
for compliance with the provisions of this chapter with respect to
the maintenance of that part of the premises which he or she occupies
and/or controls in a safe, sound, and/or sanitary condition pursuant
to the terms of the contract or agreement under which he or she exercises
occupancy control thereof.
The Athens Township Board of Supervisors, or
its authorized representative, may cause entry onto any premises for
the purpose of inspection of any and all premises, properties, buildings
and/or structures located within the Township of Athens for ascertaining
existence of violations of this chapter. In those matters where the
nature of an alleged violation is such that an inspection of the interior
of a building or structure is necessary, prior arrangements must be
made with the owner, the owner's agent or occupant to secure access
thereto. Such right of entry shall be at reasonable times and subject
to constitutional restrictions on unreasonable searches and seizures.
If entry is refused or not otherwise obtained, the Board or its authorized
representatives shall pursue such recourse as is provided by law.
If the owner does not comply with the notice
to abate the conditions within the time limit prescribed, the Township
of Athens shall have the authority to take measures to correct the
conditions and collect the costs of such corrections plus 10% of all
costs. Athens 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.
Any person, firm or corporation, or agent of
any person, firm or corporation, who shall violate any of the provisions
of this chapter shall, upon conviction thereof in an action brought
before a Magisterial District Judge, in the manner provided for the
enforcement of summary offenses, be sentenced to pay a fine of not
less than $200 nor more than $1,000 plus costs, and in default of
payment of such fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this chapter continues or each
section of this chapter which is found to have been violated shall
constitute a separate offense.
If the premises are owned by more than one owner,
each owner shall severally be subject to prosecution for violations
of this chapter.
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 Athens Township Board of Supervisors.
The provisions of this chapter shall supplement
local laws, ordinances or regulations existing in the Township of
Athens or those of the Commonwealth of Pennsylvania. Where a provision
of this chapter is found to be in conflict with any provision of the
local law, ordinance, code or regulation or those of the Commonwealth
of Pennsylvania, the provisions which are more restrictive or which
establish the higher standard shall prevail.