[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:
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.
A.
It shall be unlawful for any person to remove, deface or mutilate
any notice posted pursuant to the provisions of this chapter.
B.
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.
