As used in this chapter, the following terms shall have the
meanings indicated:
NUISANCE
The doing of an unlawful act, the omitting to perform a duty
or the suffering or permitting of any condition or thing to be or
exist by any person, which act, omission, condition or thing either:
A. Injures
or endangers the comfort, repose, health or safety of others;
C. Is offensive
to the senses;
D. Unlawfully
interferes with, obstructs or tends to obstruct or renders dangerous
for passage any public or private street, highway, sidewalk, stream,
ditch or drainage systems;
E. In any
way renders other persons insecure in life or use of property; or
F. Essentially
interferes with the comfortable enjoyment of life and property or
tends to depreciate the value of the property of others.
[Added 7-16-1996 by Ord.
No. 96-10; amended 3-14-2000 by Ord. No. 2000-7; 10-6-2011 by Ord. No. 2011-06; amended 10-6-2011 by Ord. No. 2011-06]
The maintaining, using, placing, depositing, leaving or permitting
to be or remain on any public or private property of any of the following
items, conditions or actions is hereby declared to be and constitute
a nuisance; provided, however, that this enumeration shall not be
deemed or construed to be conclusive, limiting or restrictive:
A. Weeds or any other rank or undesirable vegetation, not edible or planted for some useful or ornamental purpose, which are permitted to grow to a height in excess of 15 inches, which are permitted to grow between the property line and the street curbline, which may conceal filthy deposits or serve as a breeding place for mosquitoes and noxious odors or pollen or which are otherwise a nuisance within the meaning of “nuisance” in §
134-1.
B. Privies,
vaults, cesspools, dumps, pits or any condition which is not securely
protected from flies or rats or which is foul or malodorous.
C. Filthy,
littered or trash-covered cellars, house yards, barnyards, stable
yards, factory yards, vacant areas in rears of stores, vacant lots,
houses, buildings or premises.
D. Any unsightly
building, billboard or other structure, or any old, abandoned or partially
destroyed building or structure or any building or structure commenced
and left unfinished, which said buildings, billboards or other structures
are either a fire hazard or a menace to the public health or safety
or are so unsightly as to depreciate the value of property in the
vicinity thereof.
E. Pits or
excavations within the Township not being used for the purpose of
building where such pits or excavations are made, and the leaving
of any such pits or excavations in an exposed condition for a period
of 24 hours or longer.
F. All disagreeable
or obnoxious odors and stenches, as well as the conditions, substances
or other causes which give rise to the emission or generation of such
odors and stenches.
G. All unnecessary
or unauthorized noises and annoying vibrations, including animal noises.
H. The carcasses
of animals or fowl not disposed of within a reasonable time after
death.
I. The pollution
of any public well or cistern, stream, lake, canal or body of water
by sewage, dead animals, creamery, industrial wastes or other substances.
J. Any building,
structure or other place or location where any activity which is in
violation of local, state or federal law is conducted, performed or
maintained.
K. Any accumulation
of stagnant water permitted or maintained.
L. Dense smoke,
noxious fumes, gas, soot or cinders in unreasonable quantities.
M. Any unsightly
or malodorous accumulation of junk, garbage, animal feces, broken
glass, scrap automobile parts, mattresses, broken stone or cement,
crates, barrels, boxes, scrap metal, scrap lumber, used tires, discarded
building material, appliances or fixtures, or dismantled machinery
on public or private property unless the property is in lawful use
for junk storage or recycling in compliance with applicable state
and federal laws and Township ordinances.
N. Any partially
dismantled, wrecked, junked, discarded, disabled, inoperative or unlicensed
motor vehicle which is parked, kept or stored on any exterior property
for more than seven days, including but not limited to vehicles that
lack an engine, one or more tires or other essential parts, vehicles
that have become a haven for vermin, are maintained in a precarious
or dangerous location, have broken glass or other sharp edges or otherwise
present a threat to the health, safety or welfare of the public. A
vehicle is permitted to undergo repair, provided that such work is
performed inside a structure or similarly enclosed area designed and
approved for such purposes.
O. The growing
or maintaining of Bamboo species, including, but not limited to, Bambusa,
Phyllostachys, and Pseudosasa including Common Bamboo, Golden Bamboo
and Arrow Bamboo, and other similar invasive species, (“Bamboo”)
in such a manner that the Bamboo spreads, invades, or grows on an
adjoining or neighboring property. Any property owner or resident
who has planted or maintains Bamboo shall be required to take such
measures as are reasonably expected to prevent such Bamboo from invading
or growing onto adjoining or neighboring properties. Such measures
shall include, but not be limited to, installation of sheathing comprised
of metal or other material impenetrable by Bamboo at sufficient depth
within the property line or lines where the running Bamboo is planted
or growing to prevent the growth or encroachment upon adjoining or
neighboring property by the Bamboo.
It shall be unlawful for any person to cause, permit, maintain
or allow the creation or maintenance of a nuisance.
[Amended 10-20-1992 by Ord. No. 92-17]
Whenever a nuisance is found to exist within the Township or
within the Township's extraterritorial jurisdiction, the Managing
Director or some other duly designated officer of the Township shall
give written notice to the owner or occupant of the property upon
which such nuisance exists or to the person causing or maintaining
the nuisance.
[Amended 1-15-1991 by Ord. No. 91-1]
The notice to abate a nuisance issued under the provisions of
this chapter shall contain:
A. An order
to abate the nuisance within a stated time, which shall be reasonable
under the circumstances but not less than 10 days, or, in the alternative,
to request a hearing for the purpose of contesting the notice to abate
within 10 days after receipt of the notice.
B. The location
of the nuisance, if the same is stationary.
C. A description
of what constitutes the nuisance.
D. A statement
of acts necessary to abate the nuisance.
E. A statement
that if the nuisance is not abated within 10 days of receipt of the
notice, then a citation shall be issued through the office of the
District Justice, and upon a determination of violation of this chapter,
a fine and other penalties could be ordered against the person.
The notice to abate a nuisance shall be served as any other
legal process may be served pursuant to law.
[Added 3-14-2000 by Ord.
No. 2000-7]
Any person, firm or corporation who shall violate any provisions
of this chapter shall be liable, on conviction thereof, to a fine
not exceeding $1,000, plus costs, and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days for
each and every offense. Each day that a violation of this chapter
continues after notification shall constitute a separate offense,
punishable by a like fine or penalty. The nuisance must be abated
within 30 days from the date of the District Justice's judgment.
[Amended 1-15-1991 by Ord. No. 91-1]
If, after the expiration of 30 days from the date of a finding
of a nuisance in violation of this chapter by the District Justice,
the nuisance has not been abated, then:
A. A notice
of intent of the Township to abate the nuisance shall be sent to the
person found to be in violation of this chapter, and the notice shall
include a statement that the Township intends to charge all costs
of abatement, plus a penalty of 10%, for the abatement of the nuisance.
B. The Township
shall proceed to abate the nuisance.
Any and all costs incurred by the Township in the abatement
of a nuisance under the provisions of this chapter shall constitute
a lien against the property upon which such nuisance existed, which
lien shall be filed, proven and collected as provided for by law.
Such lien shall be notice to all persons from the time of its recording
and shall bear interest at the legal rate thereafter until satisfied.