Township of Rostraver, PA Chapter 124 Nuisances

[HISTORY: Adopted by the Board of Commissioners of the Township of Rostraver 9-5-1989 as Part 8, Ch. 2, of the 1989 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Unsafe buildings — See Ch. 80.

Grading, excavating and filling — See Ch. 101.

Junk and junk dealers — See Ch. 112.

Street openings — See Ch. 166, Art. I.

Swimming pools — See Ch. 178.

§ 124-1 "Nuisance" defined.

A. The word "nuisance," as used in this chapter, shall mean any use of property within the Township or any condition upon property within the Township that, other than infrequently, causes or results in annoyance or discomfort to persons beyond the boundaries of that property; interference with the health and/or safety of persons beyond the boundaries of that property or of persons who might reasonably be expected to enter upon or be in that property; and/or disturbance to or interference with the peaceful use of the property of others within the Township, in any case taking into consideration the location of the use or condition and the nature and condition of the surrounding neighborhood.

B. Specifically, the word "nuisance" shall include but shall not be limited to the following:

(1) Loud playing of radios, television sets, jukeboxes, amplifiers and other sound devices so as to be heard beyond the premises from which the sound emanates.

(2) Operation of model airplanes equipped with gasoline engines on any public street or on any public ground, including any playground.

(3) Keeping or harboring any dog or other animal or fowl which, by frequent howling or barking or other noise or odor, shall annoy or disturb the neighborhood or a number of persons.

(4) Maintaining or permitting the maintenance of any of the following dangerous conditions, structures or premises:

(a) Open wells or cisterns.

(b) Open excavations.

(c) Unfinished buildings, foundations or other structures.

(d) Dangerous placement of materials or equipment.

(e) Lakes, ponds or swimming pools not properly safeguarded.

(f) Stagnant water in pools in which mosquitoes, flies or insects multiply.

(5) Carrying on any building or road construction, excavation or trenching or the operation of heavy equipment or trucks in connection therewith at any time between the hours of 7:00 p.m. and 7:00 a.m. of the following day without a special permit issued by the Township Zoning Officer. That special permit shall be issued only if it is shown that the construction work must proceed as a matter of emergency or that it can be carried on in such a manner or in such a place that the public or residents will not be annoyed or disturbed by that construction work.

[Amended 5-6-2020 by Ord. No. 727]

(6) Carrying on construction work in such a manner that dirt is carried by wind onto adjacent properties or that mud is tracked or drained into streets adjacent to the project.

(7) Washing, tracking or otherwise depositing dirt, mud, soil, stone or debris upon or onto the pavement of any street without removing the material before 5:00 p.m. of the day on which the material was deposited.

(8) Using any property or operating any business or other activity so as to permit or cause smoke, soot, cinders, fly ash, dust, mud, dirt, acid, noxious or offensive fumes, gases or odors to be carried off the premises or to cause any water to become polluted by sewage, industrial wastes, acid or other substance or to cause a glare from lights or noise of such character as to cause annoyance to residents or interference with the normal use of adjacent properties.

(9) Creation or maintenance of attractive nuisances, which is the leaving of a dangerous instrumentality which by its character is dangerous and attractive to children and in a place frequented by children.

§ 124-2 Unlawful to create or maintain nuisance.

It shall be unlawful for any person to create, continue, cause, maintain or permit to exist any nuisance at any place within the Township.

§ 124-3 Removal or abatement of nuisance.

Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the Township shall, within 10 days after notice from the Board of Commissioners to do so, remove or abate that nuisance. If that person fails, neglects or refuses to abate the nuisance within the time limit, the Board of Commissioners shall have authority, in person or by its agents and/or employees, to remove or abate the nuisance and, in so doing, shall have authority to enter upon the property of the person in default. Thereupon, the Board of Commissioners shall collect the cost and expense of the abatement or removal from the person who created, continued, caused or maintained the nuisance and/or permitted it to exist, that person having failed, neglected or refused to remove or abate the nuisance, with an additional amount of 10%, in the manner provided for the collection of municipal claims or by an action in assumpsit. The cost and expense may be in addition to any penalty imposed under § 124-4.

§ 124-4 Violations and penalties.

Any person who violates any provision of this chapter shall, for every such violation, upon conviction, be sentenced to pay a fine of not less than $100 or more than $1,000 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days.

§ 124-5 Construal of provisions; enforcement.

This chapter shall not be construed to be the sole means for abatement of nuisances within the Township, and nothing shall preclude any person from proceeding individually or with other injured persons to effect the abatement of a private nuisance. Furthermore, in the exercise of the powers conferred in this chapter, the Township may institute proceedings in equity.