[HISTORY: Adopted by the Borough Council
of the Borough of Moosic 8-12-2008 by Ord. No. 18-2008. Amendments noted
where applicable.]
All owners of property on which a pool is located
shall properly maintain said pool, including adding appropriate chemicals
so as to prevent obnoxious odors or conditions suitable for breeding
of mosquitos.
If any property on which there is located any
type of swimming pool is vacant for one month, the property owner
shall drain all water from said pool.
Any property owner who fails to maintain his
pool or drain or continue to maintain and secure said pool upon the
property being vacant for 30 days, and said failure to act creates
an obnoxious odor or creates a situation suitable for breeding of
mosquitos, shall be considered as maintaining a nuisance per se.
It shall be the duty of the Borough's Police
Department and/or the Borough Code Enforcement Officer to enforce
the terms of this chapter and secure compliance with the requirements
thereof. Any authorized officer, agent, employee or representative
of Moosic Borough may inspect any property located within Moosic Borough
for purposes of ascertaining compliance with the provisions of this
chapter.
The Borough Solicitor shall initiate an enforcement
action before a district judge against any person, firm or corporation
who is in violation of this chapter. Any person, firm or corporation
who shall violate any provision of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600 and, in
default of payment of said fine, to imprisonment for a term not to
exceed 30 days. Every day that a violation of this chapter continues
shall constitute a separate offense. An equitable remedy may also
be sought by the Borough Solicitor against any person, firm or corporation
in violation of this chapter by filing an appropriate action in the
Court of Common Pleas of Lackawanna County.
