[HISTORY: Adopted by the City Council of
the City of Lancaster 12-22-1997 by Ord. No. 26-1997. Amendments noted
where applicable.]
The purpose of this chapter is to provide the
City of Lancaster with the means to regulate public nuisances and
enforce regulations regarding the same through issuance of immediate
nontraffic summary citations, establishing the fees to be imposed
for recurrent public nuisances and identifying those individuals responsible
for enforcement.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes, but is not limited to, accumulations of garbage
and rubbish, infestations, the growing of grass, weeds or other vegetation
beyond the height permitted by city Ordinance, the storage or abandonment
of unregistered, uninsured or junked vehicles or other vehicles on
unenclosed private or public property or the existence of other such
items or conditions which are detrimental to the public health, safety
and welfare.
This chapter shall apply to all persons
owning or occupying property within the City who shall allow or permit
the continued existence and propagation of public nuisances.
[Amended 10-27-2009 by Ord. No. 12-2009]
The accumulation or disposal of garbage, rubbish and refuse in violation of Article IV of Chapter 258 of the Code of the City of Lancaster, the growing of grass, weeds and vegetation contrary to Chapter 105, Brush, Grass and Weeds, of the Code of the City of Lancaster, and the accumulation, storage or abandonment of unregistered, uninsured or junk vehicles on private property or public property, together with other offensive practices or conditions which jeopardize the public health, safety and welfare, shall be the public nuisances prohibited by this chapter.
A.
Any person who shall violate, fails, neglects or refuses to comply with any provision of this chapter and the ordinances hereby referenced or who shall fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall operate not in accordance with the provisions herein shall, for each and every violation and noncompliance, upon conviction, be fined not less than $100 and not more than $600 for the first offense and not less than $500 and not more than $1,000 for each and every offense thereafter, together with costs of prosecution for each offense and reasonable attorneys fees incurred in the prosecution of the claim, to be collected with other fines and costs as are collectible by law. The imposition of a penalty for any violation shall not excuse the violation nor shall the violation be permitted to continue. All such persons shall be required to correct or remedy such violations immediately within 24 hours of notice and, when not otherwise corrected, the application of the above penalty shall not be held to prevent the imposition of service fees and the enforced removal of prohibited public nuisance conditions, the cost of which is to be paid by the violator pursuant to §§ 229-6, 229-7 and 229-8 et seq. below. Each day that a violation continues shall constitute a separate offense. As used herein, the term "person" means an individual, firm, partnership, association, corporation, company or organization of any kind, and includes the individual members, partners, officers and managers (or any of them) of partnerships, associations and similar entities, and the officers, directors or managers (or any of them) of corporations.
B.
Any person who shall violate or who fails, neglects
or refuses to comply with the provisions of this chapter shall be
subject to the immediate issuance of a nontraffic summary citation.
A.
When a property has been declared a public nuisance
due to refuse accumulation, infestation, accumulations of vehicles
on public or unenclosed private property or other such items or conditions
detrimental to the public health, safety and welfare of the public
at large, the owners or occupants of the property shall be notified
of the unacceptable condition of the property. In the event of a reoccurrence
of the violation referenced herein, or a public nuisance violation
of the City's BOCA Property Maintenance Code,[1] as amended, within a twelve-month period, the following
service charges shall be imposed:
B.
Repeat offender service fees shall be payable by the
responsible parties to the municipality within 15 days of receipt
of invoice. Failure to pay this fee will result in the City instituting
appropriate action against the responsible party to recover service
and administrative fees and the City's attorney's fees incurred in
the collection thereof.
[Amended 8-22-2000 by Ord. No. 6-2000]
[Amended 8-22-2000 by Ord. No. 6-2000; 7-26-2005 by Ord. No. 15-2005]
In the case that any person violates, neglects, fails or refuses to comply with this chapter after reoccurrence, the City is hereby authorized to take any and all such necessary actions to remove the public nuisance and charge the owner the actual cost of labor, materials, equipment or any other item, service or expense incurred by the City to abate the nuisance, plus the administrative fee prescribed by Chapter 36.
[Amended 8-22-2000 by Ord. No. 6-2000; 7-26-2005 by Ord. No. 15-2005]
Any bill for such abatement measures taken pursuant to this chapter shall be paid by the owner in accordance with Chapter 36, Municipal Claims. Upon failure of the property owner to pay the amounts due the City in accordance with Chapter 36, the City shall be entitled to collect all amounts and pursue any or all of the remedies identified in Chapter 36, Municipal Claims.
[Amended 5-12-1998 by Ord. No. 4-1998]
Enforcement officers shall be city officials
designated and appointed by the Mayor, including but not limited to
those employed by the Department of Economic and Community Development,
the Department of Public Works, the Police Bureau and the Fire Bureau
and their designee(s).
This chapter is not intended to supersede or
replace any other ordinance, state laws, or regulations, which in
whole or in part may apply to any of the subject matter(s) herein,
rather it is intended to supplement any such ordinances, laws, or
regulations.
Nothing in this chapter shall be considered
to affect any suit or proceeding now pending in any court or any rights
acquired, or liability incurred, or any cause or causes of action
accrued or existing, under any act, ordinance or part of ordinance
hereby repealed. No right or remedy of any character shall be lost,
impaired, or affected by this chapter.
