[Ord. 471, 3/9/1982, § 1[1]]
No person, or persons, shall, or may, at any time, or times,
hereafter build, construct, erect, maintain, procure, or provide for
the building, construction, erection, or maintenance of, any building,
structure, edifice, artifact, or facility of any kind or description
on, over, or upon the culvert, or culverts, heretofore described or
on, over, or upon any portion, or portions, thereof.
[1]
Editor's Note: The prefatory material to Ord. 471, 3/9/1982,
provided:
Whereas there is in existence within the Borough of West Homestead,
County of Allegheny, and Commonwealth of Pennsylvania certain portions
of a nonnavigable creek, stream, or natural water course known and
designated as West Run Creek, the same being situated adjacent to
(and parallel with) a certain public thoroughfare known and designated
as Forest Avenue; and
Whereas the Borough of West Homestead, by proper action of
the Council and Mayor of the said borough, has provided for the installation
of a reinforced concrete culvert (together with other incidental and
ancillary improvements relating thereto) over, upon, and within certain
portions of the West Run Creek bed, in particular, over certain portions
thereof which are situated adjacent to certain premises which are
now owned, occupied, and possessed, or reputedly owned, occupied,
and possessed, by certain private owners known or identifiable as
Fred Grove and Gladys Grove, his wife; and
Whereas additional construction of culverts, or extension
of culverts already installed, in the process of installation, or
provided for will, or may, be provided for hereafter; and
Whereas the culvert, or culverts, heretofore referred to,
and all portions thereof, have been constructed, or will be constructed,
according to plans and specifications which are adequate for the purposes
intended to be served by the installation thereof but not designed
or intended for the accommodation of heavy weights or for any activities
or usages involving the erection of structures or the accommodation
or movement of vehicles thereon; and
Whereas serious and severe injury, damage, and harm would
accrue to the Borough of West Homestead, and to certain residents
of the said borough, as a natural consequence of any damage to the
culvert, or culverts, heretofore described.
[Ord. 471, 3/9/1982, § 2]
No person, or persons, shall, or may, at any time, or times,
hereafter park, store, station, or allow to remain for any period
of time, however slight, any automobile, truck, tractor, trailer,
or mechanical device, apparatus, or instrumentality of any kind or
description, whether or not capable of being operated, moved, or propelled
under its own power, or sources of power, and whether or not designed
and intended for operation and use upon, or away from, highways (as
the term highway is defined in the Vehicle Code of Pennsylvania),
on, over, or upon the culvert, or culverts, heretofore described or
on, over, or upon any portion, or portions, thereof.
[Ord. 471, 3/9/1982, § 3]
No person, or persons, shall, or may, at any time, or times,
hereafter drive, operate, move, manage, push, pull, propel, or make
use of any automobile, truck, tractor, trailer, vehicle, mechanical
device, apparatus, or instrumentality of any kind or description on,
over, or upon the culvert, or culverts, heretofore described or on,
over, or upon any portion, or portions, thereof.
[Ord. 471, 3/9/1982, § 4]
No person, or persons, shall, or may, at any time, or times,
hereafter assemble, accumulate, gather, or pile any refuse, rubbish,
or debris (or any equipment, apparatus, tools, supplies, or stocks
of goods, wares, or merchandise) on, over, or upon the culvert, or
culverts, heretofore described or on, over, or upon any portion, or
portions, thereof.
[Ord. 471, 3/9/1982, § 5]
Any building, structure, edifice, artifact, or facility which
may hereafter be built, constructed, erected, or maintained upon the
culvert, or culverts, heretofore described, or upon any portion, or
portions, thereof shall be subject to removal thereof, without compensation
to the person, or persons, by whom the same was built, constructed,
erected, or maintained (and at the expense of such person) under those
rules of law made and provided for the abatement and removal of nuisances.
[Ord. 471, 3/9/1982, § 6; as amended by Ord. 623,
2/14/2006]
Any person in violation of any of the provisions of this chapter
shall be subject to civil liabilities for any injury, damage, or harm
proximately resulting from any such violation, and, in addition thereto,
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.
[Ord. 471, 3/9/1982, § 7]
The prohibitions heretofore specified, and the penalties for
any violations thereof, shall be applicable to any person, or persons,
by whom any such violations may be provided for or procured as well
as to the actual perpetrators of any such violations.
[Ord. 471, 3/9/1982, § 8]
The term "person," wheresoever the same may appear herein, shall
mean any individual, partnership, limited partnership, association,
corporation, trust, or estate. Moreover, the term "person" (as applied
to any association or partnership) shall mean the members or partners
thereof and (as applied to any corporation) shall mean the officers
thereof.
