[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 33.
Alcoholic beverages — See Ch. 35.
Curfew — See Ch. 50.
Dogs and other animals — See Ch. 55.
Garbage, rubbish and refuse — See Ch. 74.
Property maintenance — See Ch. 115.
Recycling — See Ch. 118.
Stream pollution — See Ch. 126.
Abandoned or illegally parked vehicles — See
Ch. 139.
[Adopted 6-13-1991 by Ord. No. 461, approved 6-13-1991]
This article is enacted for the following purposes: to promote
and protect the health, safety, morals and general welfare of the
inhabitants of the Borough of Colwyn by preventing or correcting unhygenic,
unsanitary, unsafe or unwholesome conditions which might constitute
a menace in the Borough.
In interpreting and applying the provisions of this article,
they shall be held to be the minimum requirements for the prevention
and abatement of nuisances. Where the provisions of any statute, other
ordinance or regulation impose greater restriction than this article,
the Borough officer is authorized to apply the provisions of the minimum
requirements of this article in an initial effort to alleviate the
nuisance. However, it is not the intention to limit the powers of
the Borough officer in this regard, and he shall, if necessary, apply
the provisions of any statute, other ordinance or regulation imposing
the greater restriction.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this article to have the meanings herein
indicated. The singular shall include the plural, the plural shall
include the singular and the present tense shall include the future
tense.
As used in this article, the following terms shall have the
meanings indicated:
Vehicles which by their appearance are unused. Evidence for
such determination shall be general appearance, damage, partial dismantling,
lack of current registration or inspection sticker, location on property
and general circumstances surrounding such vehicle. An abandoned vehicle
not otherwise a nuisance shall not include a vehicle in an enclosed
building and a vehicle on the premises of a business enterprise operated
in a lawful place and manner when necessary to the operation of such
business.
[Amended 4-11-2002 by Ord. No. 511]
Police officers, the Health Officer, the Code Enforcement
Officer, the Fire Marshal or their deputies or such other Borough
employee they may designate.
An act or thing having a natural tendency to injure a person
or property, things, conditions or uses which injure, annoy, inconvenience,
disturb or otherwise affect adversely life, health, safety or the
use and enjoyment of property or are offensive to the sense of hearing,
smell or sight or may be intrinsically harmful and prejudicial to
the health, safety, morals or welfare of the public and/or which may
have been determined by courts of law of competent jurisdiction to
constitute a public nuisance per se.
A Borough notice in printed text or writing indicating a
public nuisance which requires abatement.
Any person, agent operator, firm or corporation having a
legal or equitable interest in the property; recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate or any such person, and the executor or the
administrator of the estate of such person if ordered to take possession
of real property by a court.
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof.
A lot, plot or parcel, including the building or structure
thereon.
A.
Whenever a public nuisance is brought to the attention of the Borough
by the residents thereof and/or whenever it is determined, upon inspection,
that the construction, alteration, repair, lack of repair, use, care
or lack of maintenance or operation of any premises, land, buildings
or structures constitutes a nuisance in fact or a menace to health
or a threat to public safety, a police officer, the Health Officer,
the Code Enforcement Officer, the Fire Marshal or their deputies or
any of them shall notify, in writing, by an order of abatement, the
owner or operator of said premises, land, buildings, structures or
part thereof of his determination. If notice as aforesaid cannot be
given, then a copy of said notice shall be posted on the premises.
Said order of abatement may specify a time in which abatement shall
be completed and may provide for removal, replacement, repair, construction,
installation or any other relief deemed appropriate by the Borough
officer.
B.
In case such order of abatement is not obeyed within the time specified
therein, the Borough officer may direct or engage the appropriate
Borough employees or other
persons to remove, correct or abate the condition prescribed, and
the expense therefor shall be recoverable from the owner of the premises,
land, building or structure involved, together with a penalty of 10%
of such expense, which said expense and penalty shall constitute a
lien thereupon and may be collected as provided by law for the collection
of municipal claims.
C.
The Borough officer or such other persons as he may designate shall
have the power to enter at any time upon any premises, lands or parts
thereof whenever they suspect a nuisance in fact or a menace to health
or a threat to public safety exists for the purposes of examining,
inspecting, correcting or abating the same.
Whenever any of the following conditions are brought to the
attention of or are discovered by a Borough officer, he shall, in
his discretion, proceed to see whether the order of abatement provided
for in this article shall be issued and, if so determined, make and
issue said order of abatement. The following conditions are not meant
to be all-inclusive, and other conditions construed as nuisances affecting
the public safety, health and welfare, although not listed herein,
may require the Borough officer to proceed as hereinbefore set forth:
A.
The ungaraged storage or parking of an abandoned vehicle and/or junk
vehicle, as defined herein, shall be deemed a nuisance.
The provisions of this article are severable and if any section,
clause, sentence, part or provision thereof shall be held to be illegal,
invalid or unconstitutional, the decision of the court shall not affect
or impair the remaining parts or provisions of this article. It is
hereby declared to be the intent of the Borough Council of Colwyn
Borough that this article would have been adopted if such illegal,
invalid or unconstitutional section, clause, sentence, part or provisions
had not been included therein.
The refusal to obey an order of abatement within the time specified
shall be deemed to be a violation of this article, and for any and
every such violation, the owner or operator, or both, of the premises,
land, buildings, structure or part thereof shall be liable, on conviction
thereof, to a fine or penalty not to exceed $1,000 for each and every
offense. Each day that the violation continues after the time specified
in the order of abatement shall constitute a separate offense punishable
by a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now collected by law. The provisions
of this section are in addition to any other remedy provided by this
article, and, in default of payment of said fine and costs, the District
Justice is hereby empowered to imprison the defendant for a period
not to exceed 30 days for each separate offense, in the county prison.
[Adopted 3-15-2007 by Ord. No. 525]
No person, entity, property owner, property manager, lessee,
tenant or occupant shall participate in, maintain, aid or abet, keep,
lease or allow a disorderly house, room or other premises in the Borough
of Colwyn.
As used in this article, the following terms shall have the
following meanings:
References in this article to acts or conduct which cause
annoyance, embarrassment, fear or discomfort to others shall be construed
as referring to persons of ordinary sensibilities entitled to the
protection of a civilized community.
Includes but is not limited to the following:
To interfere unnecessarily, directly or indirectly, with free
access by the public to public facilities, private residences or to
business establishments.
To use, within the hearing or sight of members of the public,
language that is unnecessarily loud or noisy, indecent, profane or
threatening, or gestures, signs or postures that reasonably cause
embarrassment, discomfort or fear to members of the public lawfully
in the vicinity.
To cause unnecessary noise in the Borough by human or mechanical
means or by musical instruments at inappropriate and unsuitable times,
where such sounds disturb the peace and quiet of the neighborhood.
To write upon, deface, remove, injure, destroy or misuse any
real or personal property of any private owner, without proper authorization
from such owner.
To quarrel, fight, scuffle or engage in any physical contest
likely to disturb the peace or to cause injury to persons or property,
in any public or private place, or to incite others to do so.
To be found in a drunken or intoxicated condition under circumstances
tending to disturb the neighborhood or to cause a breach of the public
peace.
To create objectionable odors, smoke, vibrations or electromagnetic
interference beyond the property line.
Any house, room, apartment unit, apartment building or premises
located in the Borough of Colwyn where frequent requests for police
service for disorderly conduct, noise, batteries, assaults, drinking
of intoxicating beverages, illegal drug usage and/or sale, loitering,
gaming or other misbehavior as can be established by the Police Department
of the Borough of Colwyn.
Three or more police responses to the same premises in the
preceding twelve-month period.
Any such disorderly house, room or other premises that shall
be disruptive to the peace and well-being of the surrounding and greater
community is hereby declared to be a public nuisance.
Upon the third incident as set forth above, the Chief of Police
shall, within five days, notify the property resident and owner or
manager, in writing, by either certified mail, posting or personal
service, of the Borough's notice of formal charges with the District
Justice.
A.
Any person who shall violate any provision of this article shall,
upon conviction thereof before a District Justice, be subject to a
penalty or fine of not more than $600, plus costs of prosecution,
and in default of payment of such fine and costs, to imprisonment
in the county jail for a term not exceeding 30 days, for each such
violation.
B.
In addition to any other penalties, upon conviction under the provisions
of this article, the Borough Code Enforcement Department shall revoke
the occupancy permit of any house or premises found to be a disorderly
house.
(1)
Once the property owner/landlord has been notified by verbal communication
and or written notice as set forth in § 93-12, Notification,
the Borough Code Enforcement Department will notify said property
owner/landlord in conjunction with the Chief of Police as set forth
in § 93-12, Notification, that they have 30 days, including
weekends and holidays, from receiving such notice to remove or to
begin the process of removing said tenants or occupants. This action
will take place in the District Court for Colwyn Borough.
(2)
Upon failure to comply with Subsection B(1), the property owner/landlord
will be cited by the Borough Code Enforcement Department every fifth
day commencing on the 31st day of said violation notification.
(3)
Once a violation of Subsection B(2) has been established, the Borough
Code Enforcement Department shall, in writing, as set forth in § 93-12,
Notification, inform the property owner/landlord that their occupancy
permit will be revoked for a period of one year (365 days) commencing
on the first day said property is vacated.
C.
No action taken pursuant to this article shall exempt any defendant
from prosecution for any more serious offense committed in connection
with such disorderly conduct, interfere with any statute applicable
thereto or exempt such defendant from a civil action for damages resulting
from such misconduct.
