[HISTORY: Adopted by the Board of Commissioners of the Township of Shaler 10-13-1987 by Ord. No. 1615. Amendments noted where applicable.]
For the purpose of this chapter, the following definitions shall apply:
- DANGEROUS OBSTRUCTION
- Any tree, structure, trash, debris or other structure or thing which exists, was placed, dumped or which has fallen or is likely to fall during a subsequent flood or windstorm at a location within or along a watercourse, streambed or creek, where said obstruction could cause interference with or a diversion of the stream flow or creek or could become waterborne during periods of heavy runoff.
From and after the passage and approval of this chapter, all owners and occupiers of property within the Township through whose property streams, creeks or watercourses flow are required to remove from the same all dangerous obstructions, including all trash, debris or other structure or things which impede the flow of water through the stream, creek or watercourse.
All dangerous obstructions, trees, structures, trash, debris or other structure or thing which exists, was placed, dumped or which has fallen or is likely to fall during a subsequent flood or windstorm at a location within or along a watercourse, streambed or creek, where said obstruction could cause interference with or a diversion of the stream flow or creek or could become waterborne during periods of heavy runoff, within Shaler Township, are hereby declared to be a nuisance.
The Township Engineer and the Building Inspector are hereby authorized to make such inspections and take such action as may be required to enforce the provisions of this chapter.
The Township Engineer and the Building Inspector shall inspect all trees, structures and other things within and adjacent to all streams, creeks, channels and watercourses within the Township to determine whether or not such things constitute a dangerous obstruction, as defined herein.
Whenever it shall be ascertained by the Township Engineer or Building Inspector that any owner or occupier of any real estate in Shaler Township has failed or neglected to comply with any of the terms of this chapter, the Building Inspector shall cause a written notice to be served upon the owner or occupier, by personal service or by United States Mail, directing the owner or occupier to comply with all the terms of this chapter within five days. If the premises are vacant, service of such notice shall be made by posting a copy thereof in a conspicuous place on the premises and mailing a copy of such notice by certified mail to the owner's or owners' last known post office address.
In the event of the failure of the owner or occupier of said real estate within the Township of Shaler to remove such dangerous obstruction within five days after being notified to do so, the Township of Shaler shall remove and abate such dangerous obstruction and bill the owner or occupier for the actual cost thereof, together with a charge of $10.
Before the Township removes any obstructions under the provisions of this chapter, the Township Engineer or Building Inspector shall prepare and file with the Township Secretary a report setting forth the reasons for finding the existence of a dangerous obstruction. Wherever possible, photographs should also be provided.
In addition to the other penalties provided by this chapter, the Township of Shaler may institute proceedings in courts of equity to require owners of real estate in the Township of Shaler to comply with the provisions of this chapter.
The cost of removal, fine and penalties hereinabove mentioned may be entered by the Township of Shaler as a lien against the property in accordance with existing provisions of law.
It shall be unlawful for any person to remove, deface or mutilate any notice posted pursuant to the provisions of this chapter.
It shall be unlawful for any person to obstruct, impede or interfere with any owner or his agent or with any representative of the Township when engaged in performing any reasonable act for the execution of any order of abatement issued pursuant hereto.
[Amended 11-15-1988 by Ord. No. 1631]
Any person, firm or corporation violating any other provisions of this chapter shall, upon conviction thereof before any issuing authority, forfeit and pay a fine of not more than $1,000 for each offense and, in default of payment, shall be imprisoned for a period not exceeding 90 days in the county jail. Each and every day upon which any owner or occupier of real estate in the Township of Shaler permits a violation to exist shall constitute a separate offense.