The discharge of water, oil and other fluids upon the surface
of the soil or upon the paving or other hard surface placed upon the
soil in such manner as to cross the public sidewalks is hereby declared
to be a nuisance.
All water except roof water, stormwater or surface water which
is discharged upon the soil or upon the paving or other hard surfaces
placed upon the soil in quantities exceeding that which will be promptly
absorbed by the soil shall be directed into the sanitary sewer system
of the Borough of Lansdowne or into a sand trap or other receptacle
of construction and capacity adequate to prevent the flow of such
water across the sidewalks in the Borough of Lansdowne.
All oil or other petroleum products or any other fluid which
will corrode, congest or in any other manner damage a sanitary sewer
system or contaminate a natural watercourse shall be discharged into
receptacles, which shall be promptly removed from the premises where
discharged, without placing the same into the sanitary or stormwater
sewer system.
In the event of any violation of the provisions of this article
after the date of its enactment, the Borough Manager or any police
officer shall give a written notice of the provisions of this article
to the occupant of the premises by posting the same on the premises
or by handing the notice to the person in charge. In the event that
the occupant is not the same person or corporation as is the registered
owner, then, in addition to the notice posted on the premises or handed
to the occupant, a notice shall be sent by registered mail to the
registered owner at the address stated on the deed of the registered
owner, and if there is no address on such deed or if the registered
owner is unknown, then no registered mail notice shall be required.
In the event that the violation is not terminated within 30
days after the posting of the terms or delivery of notice to the occupant,
then the Borough may effect all required installations to carry out
the terms of this article, and the costs thereof may be collected
from the owner by municipal claim or lien or in an action in assumpsit.
[Amended 9-21-1988 by Ord. No. 1080; 6-16-1999 by Ord. No. 1155]
Any person who shall violate the provisions of this article
after the expiration of the period of notice, or the owner, general
agent or contractor of a building or premises on which such violation
has been committed or shall exist, and the lessee or tenant of an
entire building or entire premises where such violation has been committed
or shall exist, and the general agent, architect, builder, contractor
or any other person who knowingly commits, takes part or assists in
any such violation or who maintains any building or premises in which
any such violation shall exist shall be liable on conviction of such
violation to a fine or penalty not exceeding $1,000 for each and every
offense, plus costs of prosecution, and in default of payment of such
fine and costs to imprisonment for not more than 30 days. Each separate
discharge of water, oil or other fluid contrary to the provisions
of this article shall constitute a separate offense.
The penalties provided in §
294-9 of this article shall be in addition to the remedies provided in §
294-8 thereof, and the commencement of proceedings under either section shall not bar the right to proceed also under the other section.