[HISTORY: Adopted by the Board of Supervisors of the Township
of Bethel as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 155.
[Adopted 10-31-1956 by Ord. No. 14]
Where any quarry, well, cesspool, or other excavation in excess
of 12 feet in depth at the deepest point is located within the limits
of the Township of Bethel, or when water in excess of three feet in
depth at the deepest point is permitted to accumulate and remain in
any quarry, well, cesspool or other excavation for a period of 48
hours, a protective fence at least six feet in height shall be placed
around the rim of the quarry, well, cesspool or excavation as may
constitute a hazard to the life or safety of persons. Said fence shall
be securely enclosed at all times, except for ingress and egress by
means of a gate or gates, which gate or gates shall be locked when
not in use. Warning signs shall likewise be posted.
The existence of any quarry, well, cesspool or other excavation, as set forth in § 203-1, is hereby declared to constitute a public nuisance.
Whenever any condition, as set forth in § 203-1 of this article, shall be found to exist, the Secretary of the Board of Supervisors shall notify in writing the owner, tenant, occupier, on agent of the property, where the violation exists, to remove or abate the condition or construct such protective fence as required herein within 30 days from the date of the receipt of said notice. The notice shall be signed by the Secretary of the Board of Supervisors, and it shall be served upon said owner, tenant, occupier, or agent of the property, either personally, by registered mail, or by posting of premises, if none of the above be found or ascertained.
A.
In the event that said notice is not complied with, and said nuisance
abated as directed or by the construction of the protective fence
as required herein, the Board of Supervisors may, at its election
and direction, take either or both of the following actions:
(1)
Any person who violates or permits a violation of this article shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
the maximum amount authorized by the provisions of 53 P.S. § 66601(c.1),
plus all court costs, including reasonable attorney's fees, incurred
by the Township in the enforcement of this article.[1]
(2)
Cause the condition to by removed or abated by the Township of Bethel
either by the construction of such a protective fence as it deems
proper and safe, or by taking such other steps as may be necessary
to make the premises safe.
B.
Should the Township of Bethel be required to take action as set forth in Subsection A(2) of this section, in order to remove or abate or make the premises safe, the owner or owners of said property abutting thereon shall be chargeable with the cost of such sums expended by the Township of Bethel. The Township of Bethel shall then collect the same by a civil action before any Magisterial District Judge of Delaware County, or any other court of competent jurisdiction or it may direct the Township Solicitor to file a lien against the property in order to reimburse the Township for the cost expended in the abatement of such nuisance.
