[HISTORY: Adopted by the Borough Council of the Borough of
Dallastown 1-4-1988 by Ord. No.
386. Amendments noted where applicable.]
This chapter shall be known as the "Dallastown Borough Nuisance
Ordinance."
A.
NUISANCE
PERSON
As used in this chapter, the following terms shall have the meanings
indicated:
Any conduct or any condition or any use of a premises or
of a building or buildings situate on premises which is specifically
set forth hereinafter or 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.
A natural person, partnership, association, firm or corporation.
B.
The singular shall include the plural, and any gender shall include
all genders.
Nuisances shall include but not be limited to or expressly restricted
to the following:
A.
Any person, owner of property, occupant of property or agent of any
owner or occupant of property within the Borough permitting the property
to become unsanitary or become a fire hazard by allowing the accumulation
of flammable material upon the premises in an unsafe and unprotected
manner.
B.
Any person, owner of property, occupant of property or agent of any
owner or occupant of property within the Borough permitting weeds
or grass to grow upon the property in excess of eight inches in height
or to allow any vegetation as defined in the Pennsylvania Noxious
Weed Act (3 P.S. § 255.1 et seq.) to grow upon the property.
No vegetation shall be allowed by any such person, owner, occupant
or agent to grow on the sidewalks adjoining the property nor in the
area where the curb adjacent to the property joins the street.
[Amended 4-13-1998 by Ord. No. 432; 9-8-2003 by Ord. No. 501]
C.
Any person, owner of property, occupant of property or agent of any
owner or occupant of property within the Borough permitting pools
of water to accumulate and remain upon any premises and become stagnant
and foul.
D.
Any person, owner of property, occupant of property, or agent of
any owner or occupant of property within the Borough permitting junk,
disabled vehicles, waste material, garbage, scrap paper, roofing material,
vegetation, or other waste material to accumulate and remain upon
a premises, and which, in the opinion of the zoning/codes enforcement
officer 1) is a fire hazard; 2) is a harborage for insects, snakes,
rats, or other vermin; 3) constitutes blight to surrounding property
or properties; or 4) otherwise constitutes a nuisance.
[Amended 6-11-2018 by Ord. No. 591]
E.
Vehicles.
(1)
Any person repairing, adjusting, tuning, running or operating a vehicle
with a motor within the Borough who:
F.
Any person who shall cause, make or maintain any building or structure
within the Borough of Dallastown, or any portion thereof, to exist
in a dangerous condition. For the purposes of this subsection, the
term "dangerous condition" shall be any condition which threatens
or interferes with the health or safety of persons beyond the boundaries
of the property in which the building or structure is located. This
subsection shall apply to open wells, cisterns, open excavations,
unfinished buildings, foundations or similar structures or lakes,
ponds and swimming pools that are not properly safeguarded.
G.
Any person operating or permitting the operation of any mechanically
powered saw, drill, sander, grinder, lawn or garden tool or a similar
device in a residential area between the hours of 10:00 p.m. and 6:00
a.m. the following day, which annoys or disturbs a reasonable person
of normal sensibility.
H.
Any person who operates or permits the operation of any mechanically
powered model airplane on any public street, public ground or playground
within the Borough of Dallastown.
I.
Any person who operates or permits the operation of heavy equipment
or trucks, in connection with road construction, excavation or trenching,
in a residential area between the hours of 8:00 p.m. and 6:00 a.m.
the following day, without a permit to be issued by the Borough Manager
of Dallastown Borough. For purposes of this subsection, a special
permit shall be issued by the Borough Manager of Dallastown Borough,
upon approval of the Dallastown Borough Council, upon a showing that
the construction work must proceed as a matter of emergency or that
said construction work can proceed without annoying or disturbing
a reasonable person of normal sensibilities, except for snow removal.
J.
Any person who shall cause, place, cast or throw, upon any of the
sidewalks in the Borough of Dallastown, any piece of glass or sharp
or pointy metal or any other article or substance or matter which
might be a source of danger and possible accident or injury to an
person walking upon such sidewalk.
K.
Any person who shall play a radio, television, jukebox, amplifier
or other sound device so that the sound produced thereby is capable
of being heard beyond the premises from which the sound originates.
L.
Any person who keeps or harbors any animal or fowl which, by frequent
howling, barking, other noise or odor, annoys or disturbs the persons
in the neighborhood who are of ordinary sensibilities.
A.
Whenever any nuisance as defined by § 136-3 of this chapter shall exist and shall come to the knowledge of the Borough Council, the Borough Council may direct the appropriate Borough official to cause a written notice identifying such property and nuisance to be issued to the person responsible for such nuisance. Such notice shall be addressed to such person at that person's post office address or by publication two times within 10 consecutive days if the person's address is not known, and such notice shall direct the abatement of such nuisance within 10 days from the date of the notice.
B.
Such notice shall set forth that in the event the person should fail
to obey the nuisance, the Borough may at once cause the same to be
abated and charge the cost and expense incurred in abating the nuisance
to the person and where such nuisance involves real estate to cause
the same to become a lien against said property as permitted by the
Borough Code.[1]
[1]
Editor's Note: See 53 P.S. § 45101 et seq.
C.
In the event that such person refuses or fails to cause such nuisance
to be abated in the time provided herein, the Borough Council may
have the nuisance abated in a reasonable and prudent manner and the
cost of abating such nuisance shall be charged against the person
causing the nuisance. It is hereby provided that such cost charged
to such person causing the nuisance shall include general overhead
of administrative expenses or of inspections, locating the owner,
issuing a notice, reinspection, ordering work done, actual work done,
labor incurred, together with all necessary incidence of the same
and direct costs. Notwithstanding the aforesaid, any cost shall include
a minimum charge for administrative expenses. Such expenses, at the
direction of Borough Council, shall be collected from such person
in accordance with law, including the same being entered as a municipal
lien against the property where such nuisances involved real estate,
provided that the owner was given notice of the nuisance, together
with a ten-percent penalty and reasonable attorney's fees in
accordance with 53 P.S. § 7106 of the Municipal Claims and
Tax Law, together with interest and court costs.
[Amended 4-13-1998 by Ord. No. 432]
D.
In addition to the remedies prescribed by this section, and cumulative
thereof, the nuisance or nuisances exist, and if it shall be brought
to the attention of the Borough Council and if it shall be determined
that such nuisance or nuisances are likely to have an immediate adverse
affect on the public health, comfort or safety, then and in that event,
the Borough Council may, by appropriate resolution or motion, order
such nuisance or nuisances summarily be abated by the Borough in a
reasonably prudent manner.
E.
The Borough may proceed with an action at law or in equity to require
the abatement of the nuisance and the Borough's proceeding with
such legal action shall not prohibit the Borough from seeking to impose
either penalties prescribed by this chapter or from seeking summarily
abatement of a nuisance as set forth above.
[Amended 4-13-1998 by Ord. No. 432]
In addition or separate from the action for abatement of a nuisance as set forth in § 136-4, any person violating this chapter or any part thereof may be charged and shall, upon conviction thereof, be punishable by a fine of not more than $1,000, plus costs of prosecution, and in default of payment of such fine and costs by imprisonment for not more than 30 days. After the initial notice, each day that the nuisance continues shall be deemed to be a separate offense and shall be subject in all respects to the same penalties as the first offense, and separate proceedings may be instituted and separate penalties imposed from each day's offense.
