[HISTORY: Adopted by the Board of Commissioners
of the Township of Rostraver 9-5-1989 as Part 8, Ch. 2, of the 1989
Code. Amendments noted where applicable.]
A.
The word "nuisance," as used in this chapter, shall
mean any use of property within the Township or any condition upon
property within the Township that, other than infrequently, causes
or results in annoyance or discomfort to persons beyond the boundaries
of that property; interference with the health and/or safety of persons
beyond the boundaries of that property or of persons who might reasonably
be expected to enter upon or be in that property; and/or disturbance
to or interference with the peaceful use of the property of others
within the Township, in any case taking into consideration the location
of the use or condition and the nature and condition of the surrounding
neighborhood.
B.
Specifically, the word "nuisance" shall include but
shall not be limited to the following:
(1)
Loud playing of radios, television sets, jukeboxes,
amplifiers and other sound devices so as to be heard beyond the premises
from which the sound emanates.
(2)
Operation of model airplanes equipped with gasoline
engines on any public street or on any public ground, including any
playground.
(3)
Keeping or harboring any dog or other animal or fowl
which, by frequent howling or barking or other noise or odor, shall
annoy or disturb the neighborhood or a number of persons.
(4)
Maintaining or permitting the maintenance of any of
the following dangerous conditions, structures or premises:
(5)
Carrying on any building or road construction, excavation
or trenching or the operation of heavy equipment or trucks in connection
therewith at any time between the hours of 7:00 p.m. and 7:00 a.m.
of the following day without a special permit issued by the Township
Zoning Officer. That special permit shall be issued only if it is
shown that the construction work must proceed as a matter of emergency
or that it can be carried on in such a manner or in such a place that
the public or residents will not be annoyed or disturbed by that construction
work.
[Amended 5-6-2020 by Ord. No. 727]
(6)
Carrying on construction work in such a manner that
dirt is carried by wind onto adjacent properties or that mud is tracked
or drained into streets adjacent to the project.
(7)
Washing, tracking or otherwise depositing dirt, mud,
soil, stone or debris upon or onto the pavement of any street without
removing the material before 5:00 p.m. of the day on which the material
was deposited.
(8)
Using any property or operating any business or other
activity so as to permit or cause smoke, soot, cinders, fly ash, dust,
mud, dirt, acid, noxious or offensive fumes, gases or odors to be
carried off the premises or to cause any water to become polluted
by sewage, industrial wastes, acid or other substance or to cause
a glare from lights or noise of such character as to cause annoyance
to residents or interference with the normal use of adjacent properties.
(9)
Creation or maintenance of attractive nuisances, which
is the leaving of a dangerous instrumentality which by its character
is dangerous and attractive to children and in a place frequented
by children.
It shall be unlawful for any person to create,
continue, cause, maintain or permit to exist any nuisance at any place
within the Township.
Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the Township shall, within 10 days after notice from the Board of Commissioners to do so, remove or abate that nuisance. If that person fails, neglects or refuses to abate the nuisance within the time limit, the Board of Commissioners shall have authority, in person or by its agents and/or employees, to remove or abate the nuisance and, in so doing, shall have authority to enter upon the property of the person in default. Thereupon, the Board of Commissioners shall collect the cost and expense of the abatement or removal from the person who created, continued, caused or maintained the nuisance and/or permitted it to exist, that person having failed, neglected or refused to remove or abate the nuisance, with an additional amount of 10%, in the manner provided for the collection of municipal claims or by an action in assumpsit. The cost and expense may be in addition to any penalty imposed under § 124-4.
Any person who violates any provision of this
chapter shall, for every such violation, upon conviction, be sentenced
to pay a fine of not less than $100 or more than $1,000 and costs
of prosecution and, in default of payment of fine and costs, to undergo
imprisonment for not more than 30 days.
This chapter shall not be construed to be the
sole means for abatement of nuisances within the Township, and nothing
shall preclude any person from proceeding individually or with other
injured persons to effect the abatement of a private nuisance. Furthermore,
in the exercise of the powers conferred in this chapter, the Township
may institute proceedings in equity.