Borough of Lake City, PA
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lake City 5-13-1968 by Ord. No. 184-68. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 28.

§ 43-1 Activities constituting nuisances prohibited.

It shall be unlawful for any person, partnership, corporation or other association to create or cause to be created upon any public or private property within the Borough of Lake City any activity which shall constitute a nuisance.

§ 43-2 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:
[Amended 11-16-1992 by Ord. No. 302-92; 7-19-1993 by Ord. No. 305-93]
A. 
A vehicle that is unsheltered, unused, stripped, junked, wrecked or otherwise unusable for the purpose for which it was manufactured.
[Amended 11-17-1997 by Ord. No. 331-97]
B. 
It would be allowable to store abandoned vehicles in a structure (such as a garage).
AUTOMOBILE GRAVEYARD
For the purposes of this chapter the storage of two or more abandoned vehicles on any premises, not in a structure. The term shall not include the storage of wrecked vehicles in a commercial district in connection with an automobile repair business where the wrecked vehicles are stored merely awaiting repair thereof in the immediate future.
[Amended 5-14-2012 by Ord. No. 403-12]
NUISANCE
Shall include, but is not limited to, the storage of one or more abandoned vehicles or other motor-driven equipment or 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, safety and general well-being of the citizens of Lake City Borough.
[Amended 5-14-2012 by Ord. No. 403-12]

§ 43-3 Certain prohibited uses enumerated.

The following uses of and activities upon real property, both private and public, in Lake City Borough 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 of abandoned vehicles as an automobile graveyard.
[Amended5-14-2012 by Ord. No. 403-12]
E. 
The accumulation or storage of scrap metal or other waste material as a junkyard.
F. 
The storing of gasoline, kerosene or other petroleum products in excess of 5,000 gallons, except by gasoline service stations or dealers where all gasoline is stored in appropriate tanks.
G. 
Any use of or activity upon property that, by reason of flames, smoke, odors, fumes, noise, dust or water, 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 Borough residents and/or the users of the Borough public streets, property or facilities.
[Amended 5-14-2012 by Ord. No. 403-12]
H. 
The excessive or unreasonable accumulation of scrap, junk, trash or garbage upon premises, causing odors, fumes or unsightly appearance to neighboring property owners.
I. 
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.

§ 43-4 Procedure for abatement; costs.

Upon a determination by the Borough Council that a violation of this chapter has occurred, the following action shall be taken:
A. 
The Borough Council shall direct a registered or certified letter notice to the owner of such property. The owner shall be determined by reviewing the county tax assessment records of the most current year. Said letter shall be mailed to the address as determined by such records.
B. 
The said letter notice shall inform the said owner as to the violation of this chapter, citing the reason for violation, giving the owner 10 days to remove the reason for the violation, advising that, in default thereof, the Borough will remove the cause of violation by the use of its own personnel and equipment and/or cause the structure to be destroyed by fire, through the use of a volunteer fire company, and/or hereby contract a private person to effectuate such removal, or a combination of the above, and charge the cost thereof to such owner.
[Amended 6-22-2009 by Ord. No. 387-09]
C. 
The Council of Lake City Borough may, by resolution and its discretion, appoint or designate a person or agency that shall be vested with the powers, duties and obligations herein set forth regarding compliance and enforcement with the provisions of this chapter.
[Amended 7-19-1993 by Ord. No. 305-93]

§ 43-5 Violations and penalties.

A. 
Any person or persons violating any of the provisions of this chapter, upon summary conviction before a District Justice, shall be sentenced to pay a fine for the use of the Borough of not less than $500 nor more than $1,000 and costs of prosecution, or, upon default in payment of the fine and costs, shall be sentenced and committed to the county jail for a period of not more than 30 days.
[Amended 2-19-2001 by Ord. No. 339-01; 6-22-2009 by Ord. No. 387-09]
B. 
Whenever such person shall have been officially notified, by service of summons in a prosecution or by letter notice as above provided, that he is committing such violation of this chapter, and that he is required to remove any nuisance, each day that he shall continue such violation after such notification shall constitute a separate offense, punishable by a like fine, penalty or imprisonment.
C. 
Such fines or penalties shall be collected or imprisonment imposed by suit or summary proceedings brought in the name of the Borough before a District Justice.