[HISTORY: Adopted by the Board of Supervisors of the Township of Foster 2-9-1988 by Ord. No. 2-9-1988. Amendments noted where applicable.]
A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LESSEE
Owner, for the purpose of this chapter, when the lessor holds the lessee responsible for maintenance and repairs.
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.
OWNER
The actual owner, agent or custodian of the property on which machinery, equipment or materials are stored, whether individual or partnership, association or corporation.
PERSON
A natural person, firm, partnership, association, corporation or other legal entity.
B. 
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to create or maintain any condition upon their property which could directly or indirectly cause a nuisance or health hazard to residents of the Township. Specifically, the unsheltered storage or maintenance of unused, stripped, damaged and generally unusable machinery or equipment, or materials, shall be considered a nuisance and/or health hazard if any of the following conditions exist:
A. 
Broken glass or metal parts with sharp or protruding edges.
B. 
Openings or areas which are conducive to the harboring and growth of vermin.
C. 
Storage in any manner which would allow the equipment, machinery, material or any parts thereof to easily shift, tilt, or fall from its original storage position.
D. 
Contains any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, gasoline, oil, battery acids, refrigeration agents and poisons.
E. 
Any other condition which, in the opinion of the inspecting official, shall be deemed to be a health hazard, potential health hazard or nuisance.
A. 
Storage of such items as listed in § 162-2 hereof on personal property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Township ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in § 162-2 must first apply for a permit for either temporary or permanent storage and pay a fee to the Township such as may be provided from time to time by resolution of the Board of Supervisors. The nuisance(s) must be stored within a garage or other enclosed building, or outside within an opaqued fence at least six feet high which is locked at all times when unattended. With the special approval of the Board of Supervisors, nuisances may also be stored outside in an area enclosed by a chain-link fence at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, the machinery, equipment or materials shall be kept free of vermin infestation while being stored; and all gas, oil or other potentially hazardous substances shall be removed. The total area of storage of such potential nuisances may not exceed 200 square feet.
B. 
Nothing herein shall be construed to permit the storage of machinery, equipment or material nuisances contrary to the provisions of Chapter 255, Zoning.
A. 
The enforcement officer/inspector is hereby empowered to inspect grounds on which machinery, equipment and/or various materials are stored to determine if there is compliance with the provisions of this chapter. If noncompliance with the provisions of this chapter constitutes a nuisance, or if any condition, structure or improvement poses a threat to the health, safety or welfare of the public, he shall issue a written notice to be served by registered or certified mail upon the owner of said premises or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
B. 
Said notice shall specify the condition considered to be a hazard and/or nuisance and shall require the owner to commence to remove or otherwise rectify the condition as set forth in the notice within 10 days of mailing or posting of said notice, and thereafter to fully comply with the requirements of the notice within a reasonable time.
If the owner of grounds on which machinery, equipment and/or materials are stored does not comply with the notice to abate the conditions within the time limit prescribed, the Township shall have the authority to take measures to correct the conditions and collect the cost of such corrections, plus 10% of all costs. The 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.
A. 
Any person aggrieved by the decision of the enforcement officer/inspector may request and shall then be granted a hearing before the Board of Supervisors, provided that he files with the Board of Supervisors within 10 days after notice of the enforcement officer's/inspector's decision a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the petition was filed unless postponed for sufficient cause.
B. 
After such hearing, the Board of Supervisors shall sustain, modify or overrule the action of the enforcement officer/inspector.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000, plus costs, and, in default of payment of said 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 shall be found to have been violated shall constitute a separate offense.
The 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 Board of Supervisors.