[HISTORY: Adopted by the Board of Supervisors
of the Township of Girard 6-11-1996. Amendments noted where applicable.]
It shall be a violation of this chapter for
any person, partnership, corporation or other association to create
or cause to be created upon any public or private property within
Girard Township any activity which shall constitute a nuisance.
All persons, firms or corporations owning, occupying
or in any manner controlling any property within Girard Township shall
keep, maintain and repair the same in a manner consistent with the
health, safety, morals, general welfare, cleanliness, beauty, convenience
and comfort of Girard Township and its inhabitants.
As used in this chapter, the following terms
shall have the meanings indicated:
The storage of two or more junked or wrecked automobiles
on any premises; the term shall not include the storage of wrecked
automobiles in a commercial district in connection with an automobile
repair business where the wrecked automobiles are stored merely awaiting
the repair thereof in the immediate future.
Includes but is not limited to the storage of abandoned or
junked automobiles or other motor-driven equipment or a material part
thereof; the dumping or accumulation of garbage, refuse, trash or
other junk, including all types of discarded personal property, or
any other activity which may be considered harmful to the promotion
of the health, cleanliness, comfort and general well-being of the
citizens of Girard Township.
The following uses of and activities upon real
property, both public and private, in Girard Township are hereby declared
to be nuisances and are hereby prohibited. Nothing herein should in
any way be construed as to authorize other activities which may constitute
a nuisance, for such other activities are also prohibited.
A.
The use of any premises as a trash or garbage dump
unless specifically authorized.
B.
The depositing or dumping of any amount of trash or
garbage upon the premises of another or upon public property.
C.
The burning of or setting fire to trash, rubbish,
refuse, garbage, motor vehicles or other machinery brought upon and
accumulated or stored on any premises from any other location or locations.
D.
The accumulation or storage of junked or wrecked or abandoned automobiles as an automobile graveyard except in conformance with the provisions of Chapter 117, Junkyards.
E.
The accumulation or storage of scrap metal or other waste material as a junkyard except in conformance with the provisions of Chapter 117, Junkyards
F.
Any use of or activity upon property that, by reason
of flames, smoke, odors, fumes, noise or dust, unreasonably interferes
with the reasonable use, comfort and enjoyment of a neighbor's property
or endangers the health or safety of the occupants of a neighboring
property or endangers the health and safety of Township residents
and/or the users of Township public streets, property or facilities.
G.
The excessive or unreasonable accumulation of scrap,
junk, trash, or garbage upon premises causing odors, fumes or unsightly
appearance to neighboring property owners.
H.
The deterioration of a structure or property to such
a state that it is dangerous and unsafe and unusable for its intended
purpose and/or constitutes a fire hazard endangering surrounding structures
or property and/or provides shelter for rats or other vermin or other
wild animals and/or creates a hazard to the welfare and safety of
children or adults who play or work thereabouts.
Upon a complaint being made to any Township
Supervisor, the Board may investigate the complaint. If the Board
determines, in its sole discretion, that a violation has occurred,
the Board may direct that a certified letter be sent to the owner
of such property.
A.
Said letter shall inform the owner as to the violation
of this chapter, listing the reason(s) for the violation and giving
the owner 30 days to correct the violation.
B.
The letter shall further advise that if the owner,
occupant, mortgagee or lessee fails to comply with the order of the
Township within the time specified in the notice, and no request for
a hearing is filed within 10 days of receipt of the letter, or following
a hearing by the Supervisors where the order is sustained thereby,
the Township will seek fines as prescribed below in a criminal enforcement
proceeding.[1]
C.
Any person affected by any notice which has been issued
in connection with this chapter may request and shall be granted a
hearing on the matter before the Board, provided that such person
shall file with the Township Secretary/Treasurer a written request
for such hearing and a brief statement of the grounds therefor within
10 days after the notice was served. Upon receipt of such request,
the Secretary/Treasurer shall schedule a time and place for such hearing
and give the petitioner written notice thereof. At such hearing the
petitioner shall be given an opportunity to be heard and to show why
the notice should be modified or withdrawn. The hearing shall be commenced
not later than 30 days after the day on which the petition was filed.
D.
After the hearing the Board shall sustain, modify
or withdraw the notice. The Board shall give notice of its determination
by certified mail to such parties appearing at the hearing and to
such parties not appearing who were requested to appear and by posting
a copy thereof in a conspicuous place upon the property cited in the
notice. If the Board sustains or modifies the notice, it shall be
deemed to be an order.
E.
Any notice served under this chapter shall automatically
become an order if a written request for a hearing is not filed with
the Township Secretary/Treasurer within 10 days after such notice
is served.
If the owner shall fail within the time specified
to correct a violation and to otherwise comply in all respects with
the provisions of this chapter, the Township Supervisors may make
the necessary corrections. The costs thereof, together with a penalty
of 10%, shall be collected in the manner provided by law for the collection
of municipal claims or by action of assumpsit.
A.
Any person who shall violate any provision of this
chapter or any person who shall interfere in any manner with necessary
corrections made or to be made by the Township Supervisors shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days.[1]
B.
Whenever any person shall have been officially notified,
by letter notice as above provided, that he is committing a violation
of this chapter and that he is required to remove any nuisance, each
day that he shall continue such violation shall constitute a separate
violation, punishable by a like fine.
The methods of correction of any violation of
this chapter which may constitute a nuisance shall not be exclusive,
and relief by bill in equity or by other appropriate proceeding may
be sought in the discretion of the Board of Supervisors.
