[Ord. 623, 2/14/2006]
1.
LESSEE
NUISANCE
OWNER
PERSON
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner for the purpose of this Part 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 the Borough.
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.
2.
In this Part, the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. 623, 2/14/2006]
1.
It shall be unlawful for any person to store or maintain abandoned,
unused, stripped, damaged and generally unusable appliances, machinery
or equipment, or construction materials in the open on private property.
Such storage shall constitute a nuisance and/or health hazard if any
of the following conditions exist:
A.
Broken glass or metal parts with sharp or protruding edges.
B.
Containers which are conducive to the harboring and growth of vermin
or animals.
C.
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.
D.
Containers of any liquid or material of a hazardous or potentially
hazardous nature, including, but not limited to, gasoline, oil, battery
acids, refrigeration agents, and poisons.
E.
Any other condition which shall threaten the health, safety or welfare
of the citizens.
F.
Refrigerators with the doors remaining attached.
[Ord. 623, 2/14/2006]
1.
Storage of such items as listed in § 10-102 hereof on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Borough ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in Subsection 2, shall apply for a permit for either temporary or permanent storage and pay a fee to the Borough in an amount as established from time to time by resolution of the Borough Council. Such nuisance(s) must be stored within a garage or other enclosed building or, outside, within an opaque fence at least six feet high which is locked at all times when unattended.
2.
With the special approval of the Borough Council nuisances may also
be stored outside in an area enclosed by a chain link fence, at least
six 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. In addition, the appliances, machinery, equipment,
or construction materials shall be kept free of vermin infestation
while being stored; and all gas, oil or other potentially hazardous
substances shall be removed. The total area of storage of such nuisances
may not exceed _____ square feet.
[Ord. 623, 2/14/2006]
1.
The Borough Building Inspector is hereby empowered to inspect private
property on which appliances, machinery, equipment, and/or various
construction materials are stored to determine if there is compliance
with the provisions of this Part. If noncompliance with the provisions
of this Part constitutes a nuisance, or if any condition, structure,
or improvement poses a danger to the health, safety, or welfare of
the public, he 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.
2.
Said notice shall specify the condition 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 in the notice 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.
[Ord. 623, 2/14/2006]
If the owner of property on which appliances, machinery, equipment,
and/or construction materials are stored does not comply with the
notice to abate the nuisance, within the time limit prescribed, the
Borough shall have the authority to take measures to correct the conditions
and collect the cost of such corrections plus 10% of all costs. The
Borough, 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.
[Ord. 623, 2/14/2006]
1.
Any person aggrieved by the decision of the Building Inspector may
request and shall then be granted a hearing before the Borough Council;
provided, he files with the Borough Council within 10 days after notice
of the Building Inspector's decision, a written petition requesting
such hearing and setting forth a brief statement of the grounds therefor.
The hearing shall commence not later than 30 days after the date on
which the petition was filed unless postponed for sufficient cause.
2.
After such hearing, the Borough Council shall sustain, modify or
overrule the action of the Building Inspector.
[Ord. 623, 2/14/2006]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not more than
$1,000, and in default of payment, to undergo imprisonment for a term
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
[Ord. 623, 2/14/2006]
The remedies provided herein for the enforcement of this Part,
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 Borough Council.
[Ord. 593, 9/9/2003, § I]
Any man-made item including, but not limited to, swimming
pools; swimming pool covers; tires; barrels; dumpsters; containers,
planters, motorized vehicles, boats, bathtubs, sinks, and appliances.
Water and/or similar fluids that have accumulated in a stationary
position with no existing current or drainage conduit.
[Ord. 593, 9/9/2003, § II]
It shall be unlawful for any person or legal entity to allow
standing or stagnant water to exist in any object or structure located
within the Borough of West Homestead for a period of longer than three
days.
[Ord. 593, 9/9/2003, § III]
Should a person or legal entity be in violation of § 10-112, the Ordinance Officer of the Borough, or other such person who shall be so authorized by the Borough shall notify the person or entity, in writing, by either, personal service or by posting of the property, whether they be an owner or occupant of the property where such violation exists that they have three days to remove all such standing or stagnant water or face the imposition of penalties as provided for in this Part.
[Ord. 593, 9/9/2003, § IV; as amended by Ord. 623,
2/14/2006]
Any person, firm or corporation who shall violate any provisions
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
