Township of Franconia, PA Chapter 90 Nuisances, Public

[HISTORY: Adopted by the Board of Supervisors of the Township of Franconia 9-12-1988 by Ord. No. 146. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 45.

Outdoor burning — See Ch. 52.

§ 90-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PERSON

Any natural persons, association, partnership, firm, organization or corporation. The singular shall include the plural, and the masculine shall include the feminine and neuter.

§ 90-2 Prohibitions.

A. The practice of throwing, depositing or dumping any paper, trash, rubbish, ashes, junk, waste, garbage or discarded material, carcasses or matter of any kind in or on any private or public property, vacant or occupied, within the Township of Franconia, or of maintaining any accumulations of such material in or on any public or private property, vacant or occupied, within said township is hereby prohibited.

B. The practice of storing or depositing any abandoned or junked automobiles, vehicles, machinery or discarded equipment of any kind or parts thereof in or on any public or private property, vacant or occupied, within the Township of Franconia is hereby prohibited.

C. The use, maintenance, occupation or ownership of any unsafe or dangerous building, structure or physical condition, or of any part thereof, upon any public or private property, vacant or occupied, within the Township of Franconia is hereby prohibited.[1]

[1] Editor's Note: Former Subsection D, regarding vehicles which deposit debris, which subsection immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 90-3 Nuisances and notice of violation.

Where it is determined by the Franconia Township Board of Supervisors that activities prohibited by § 90-2A, 2B, 2C or 2D of this chapter are injurious to the public health, safety and welfare, and constitute a nuisance within the meaning of Clause XII of Section 702 of the Pennsylvania Second Class Township Code,[1] any officer or employee of the township or any police officer of the township shall serve written notice thereof requiring that the condition be made safe, corrected or removed, by certified mail, or by personally delivering the same to the offending person.

[1] Editor's Note: See 53 P.S. § 66529.

§ 90-4 Failure to correct violation.

Should any person cause or permit the continuance of a nuisance after 20 days from the date of notice given pursuant to § 90-3 of this chapter, the township may, upon resolution of the Board of Supervisors, cause the removal or abatement of the nuisance or the correction of the condition complained of by such means as appear to be necessary. The township shall, in such event, have the right and power to enter upon such premises causing or contributing to such condition or upon premises where the defective condition exists to accomplish the abatement thereof.

§ 90-5 Recovery of township's costs.

In the event that the township shall have the expended moneys to abate a nuisance under the terms of this chapter, the township shall recover the cost thereof, a penalty of 5% and an attorney's fee of 5% by municipal claim proceedings under the Act of May 16, 1923, P.L. 207, as amended;[1] by summary proceedings under the Act of May 1, 1933, P.L. 103, Art. VII, Section 702, Clause XII, as amended;[2] or by such other remedies as may be provided by law, at the election of the township.

[1] Editor's Note: See 53 P.S. § 7101 et seq.

[2] Editor's Note: See 53 P.S. § 66529 et seq.

§ 90-6 Additional remedies.

In addition to such other remedies as shall be provided for hereby, the township may institute proceedings in courts of equity to enforce the provisions hereof.

§ 90-7 Violations and penalties.

[Amended 6-10-1996 by Ord. No. 237]

Any person who violates or permits a violation of this chapter or who shall fail to comply with any notice served as herein provided shall, upon being liable therefor in a civil enforcement proceeding commenced by the township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees incurred by the township. No judgment shall be imposed until the date of the determination of violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Pennsylvania Rules of Civil Procedure.