The Borough Council of the Borough of Shippensburg,
Cumberland and Franklin Counties, Pennsylvania, finds that removal
of nuisances is in the interest of the citizens of the Borough and
that removal of nuisances on public and private property promotes
the public health, safety and welfare of all residents of the Borough.
For the purposes of the chapter, the following
terms, phrases and words and their derivatives shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number, and the word "shall" is always mandatory and not merely
directory.
ABANDONED MOTOR VEHICLE
Any motorized vehicle which is without a currently valid
license plate or plates and/or is in a rusted, wrecked, discharged,
dismantled, partly dismantled, inoperative or abandoned condition.
[Amended 10-4-1994 by Ord. No. 640, approved 10-4-1994]
DANGEROUS BUILDING[Added 7-15-1997 by Ord. No.
679, approved 7-15-1997]
Any building, structure or portion thereof which threatens
the life, health, safety or property of the public or its occupants
by reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disasters, damage or abandonment. The conditions which may
cause a structure to be classified as a "dangerous building" include
but are not limited to the following:
A.
The walking surface of any aisle, passageway,
stairway or other means of exit is so warped, worn, loose, torn or
otherwise is unsafe as not to provide a safe and adequate means of
exit in case of fire or panic.
B.
Any portion, section or appurtenance of the
building or structure has been damaged by fire, wind, flood or by
any other cause to such an extent that it is likely to partially or
completely collapse, fail, detach or dislodge.
C.
The building or structure, or any part thereof,
because of dilapidation, deterioration or decay; or faulty construction;
or the removal, instability or movement of any portion of ground necessary
for the purpose of such building; or the decay, deterioration or inadequacy
of its foundation; or any other cause is likely to partially or completely
collapse.
D.
The building or structure has been so damaged
by fire, wind, flood or other causes or has become so dilapidated
or deteriorated as to become an attractive nuisance to children or
a harbor of transients or vagrants.
E.
The building or structure used or intended to
be used for dwelling purposes is unsanitary, unfit for human habitation
or in such condition that it is likely to cause sickness or disease
because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air or sanitation facilities
or other cause.
F.
The building or structure creates a fire hazard
by virtue of its obsolescence, dilapidation conditions, deterioration,
damage or other cause.
G.
Any portion of the building, including the foundation,
slab or grade, or structure remains on a site after the demolition
or destruction of the building or structure.
ATTRACTIVE NUISANCE
A condition, instrumentality, machine or other agency which
is maintained on premises and which is dangerous to young children
because of their inability to appreciate peril and may reasonably
be expected to attract them to premises.
[Added 7-15-1997 by Ord. No. 679, approved 7-15-1997]
ENCLOSED
Having a wall or walk, window or windows and a door used
as access to the dwelling.
NUISANCE
Any condition or use of premises or of building exteriors
which is detrimental to the property of others or which causes or
tends to cause substantial diminution in the value of other property
in the neighborhood in which such premises are located. This includes,
but is not limited to, the keeping or depositing on or the scattering
over the premises of any of the following:
A.
Junk, trash or debris including but not limited
to all waste, refuse and discarded materials having only a junk or
salvage value, and garbage not contained in a safe sanitary and orderly
manner in a proper container for collection.
[Amended 12-17-2002 by Ord. No. 764, approved 12-17-2002]
B.
Abandoned, discarded or unused objects or equipment
such as motor vehicles, furniture, stoves, refrigerators, freezers,
cans or containers.
C.
Maintaining or causing to be maintained, any
dangerous structures, including but not limited to abandoned, occupied
or unoccupied buildings or parts of buildings.
D.
Maintaining or causing to be maintained upon
any unenclosed porch or exterior attachment, which faces a regularly
traveled thoroughfare, furniture, other than furniture designed for
exterior use, which is commonly intended for use inside a dwelling,
including but not limited to upholstered sofas, chairs, davenports,
beds, divans and the like.
E.
The use of a porch roof or other second story
or higher portion of a structure for a nondesigned use, unless said
porch roof or other portion of a structure is specifically designed
for said use.
F.
Weeds, grass or other uncultured vegetation
not edible or planted for some useful or ornamental purpose, more
than 10 inches in height when measured from the surface of the ground,
provided that weed growth on lawns occurring between mowings shall
not constitute a nuisance.
[Added 7-19-1994 by Ord. No. 635, approved 7-19-1994]
G.
Trees, shrubs, hedges or other vegetation overhanging
sidewalks or other pedestrian walkways at a height less than eight
feet.
[Added 7-19-1994 by Ord. No. 635, approved 7-19-1994]
H.
Trees, shrubs or other vegetation overhanging
a road right-of-way at a height of less than 16 feet, measured from
the street surface at the curb.
[Added 7-19-1994 by Ord. No. 635, approved 7-19-1994]
I.
Garbage, garbage containers, trash stored in
the front of a building on a porch or front yard, except for the 24
hours immediately prior to the regularly scheduled collection of trash.
[Added 7-19-1994 by Ord. No. 635, approved 7-19-1994]
J.
Maintaining more than one unregistered or uninspected
motor vehicle(s) on a lot, except for properly licensed new or used
car dealers.
[Added 10-4-1994 by Ord. No. 640, approved 10-4-1994]
OWNER
A person giving, leasing, occupying or having charge of any
premises within the Borough.
PERSON
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
PORCH ROOF
A roof at the second story or above on any building, which
extends over an unenclosed area.
REGULARLY TRAVELED STREET
Any street, alley or thoroughfare on which one or more motor
vehicles travel during any twenty-four-hour period.
Nuisances, as defined herein, are hereby declared
to be illegal.
[Amended 7-19-1994 by Ord. No. 635, approved 7-19-1994]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $300 nor more than $1,000 and costs of prosecution and restitution in a case in which the Borough has abated the nuisance in accordance with §
106-4B of this chapter or, upon default of payment of fines, costs and restitution, by imprisonment in the county jail for a period of not more than 30 days.