[HISTORY: Adopted by the Board of Supervisors of Jackson Township as indicated in part histories. Amendments noted where applicable.]
Part 1 Health Hazards and Nuisances
[Adopted 11-21-2002 by Ord. No. 02-11]
As used in this Part 1, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- Owner for the purpose of this Part 1 when the lessor holds the lessee responsible for maintenance and repairs.
- Any condition, structure or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of Jackson Township.
- The actual owner, agent or custodian of the property on which machinery, equipment or materials are stored, whether individual or partnership, association or corporation.
- A natural person, firm, partnership, association, corporation or other legal entity.
In this Part 1, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to create or maintain any condition upon their property which could directly or indirectly cause a nuisance or health hazard to residents of Jackson Township. Specifically, the unsheltered storage or maintenance of unused, stripped, damaged and generally unusable machinery or equipment or materials, fixtures or appliances shall be considered a nuisance and/or health hazard if any of the following conditions exist:
Broken glass or metal parts with sharp or protruding edges.
Openings or areas which are conducive to the harboring and growth of vermin or pest insects.
Storage in any manner which would allow the equipment, machinery, material or any parts thereof to easily shift, tilt or fall from its original storage position.
Contains any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, gasoline, oil, battery acids, refrigeration agents and poisons.
Any other condition which, in the opinion of the inspecting official, shall be deemed to be a health hazard, potential health hazard or nuisance.
Storage of items as listed in § 10-102 hereof on personal property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Township ordinances or in state or federal laws. Each person, owner or lessee desiring to store items described in § 10-102 must first apply for a permit for either temporary or permanent storage and pay a fee to Jackson Township such as may be provided from time to time by resolution of the Board of Supervisors. The nuisance(s) must be stored within a garage or other enclosing building or outside within a nontransparent fence at least five feet high which is locked at all times when unattended. With the special approval of the inspecting official, nuisances may also be stored outside in an area enclosed by a chain-link fence, at least five feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. All such storage areas shall be considered a structure under this Part 1 and the Jackson Township Zoning Ordinance (Chapter 27) and as such must comply in all respects with the Jackson Township Zoning Ordinance (Chapter 27) in regard to structures. The total area of storage of such potential nuisances may not exceed 100 square feet. In addition, the machinery, equipment or materials shall be kept free of vermin and pest insect infestation while being stored, and all gas, oil or other potentially hazardous substances shall be removed.
The inspecting official, who shall be the Township Code Enforcement Officer, Zoning Officer and/or Chief of Police or other designee of the Board of Supervisors, is hereby empowered to inspect grounds on which machinery, equipment, and/or various materials are stored to determine if there is compliance with the provisions of this Part 1. If noncompliance with the provisions of this Part 1 constitutes a nuisance, or if any condition, structure, or improvement poses a threat to the health, safety or welfare of the public, the inspecting official shall issue a written notice to be served by registered or certified mail upon the owner of said premises or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
Said notice shall specify the conditions considered to be a hazard and/or nuisance and shall require the owner to commence to remove or otherwise rectify the condition as set forth therein within 10 days of mailing or posting of said notice and thereafter to fully comply with the requirements of the notice within a reasonable time.
If the owner of grounds on which machinery, equipment and/or materials are stored does not comply with the notice to abate the conditions within the time limit prescribed, Jackson Township shall have the authority to take measures to correct the conditions and collect the costs of such corrections, plus 10% of all costs. Jackson Township, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.
Any person, firm or corporation who shall violate any provision of this Part 1, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus all court costs, including reasonable attorneys' fees incurred by the Township. Each day that a violation of this Part 1 continues or each section of this Part 1 which shall be found to have been violated shall constitute a separate offense.
The remedies provided herein for the enforcement of this Part 1, or any remedy provided by law, shall not be deemed mutually exclusive; rather, they may be employed simultaneously or consecutively, at the option of the inspecting official.