[HISTORY: Adopted by the Township Council
of the Township of Washington 11-8-2000 by Ord. No. 15-00. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Washington Township Nuisance Ordinance." This chapter is enacted
under the authority of Article XV, Section 1529, of the Second Class
Township Code, Act of May 1, 1993, P.L. 103, as amended, 53 P.S. § 66529.
The Council of Washington Township, under and
by virtue of and pursuant to the authority granted by Second Class
Township Code, does hereby enact and ordain this chapter.
The Council of Washington Township has determined
that nuisances may exist in Washington Township that may be detrimental
to the health, comfort, living conditions, welfare and safety of the
citizens of Washington Township, and noting a reference as to the
desire of the majority of citizens of Washington Township cited in
the Comprehensive Plan of 1995/1996 for the desire to have a nuisance
ordinance, it is hereby declared to be the policy of Washington Township
to protect the citizens of Washington Township by enacting this nuisance
ordinance.
As used in this chapter, the following terms
shall have the meanings indicated:
A motor vehicle:
That is inoperable and is left unattended on
public property for more than 48 hours; or
That has remained illegally on public property
for a period of more than 48 hours; or
That is left unattended on or along a public
highway without a valid registration plate or valid and current inspection;
or
That has remained on private property without
the consent of the owner or person in control of the property for
more than 48 hours.
Any unsheltered vehicle (i.e., not stored within a garage
or other enclosure) other than a vehicle left for repair at a bona
fide automotive repair shop or a vehicle and/or equipment used or
to be used in construction or farming, including farming equipment
used for parts and limited service. Vehicles used in public utility
facilities, which are kept in a manner which does not interfere with
the normal movement of traffic, shall not be considered to be abandoned.
Any building and/or structure (including abandoned or unoccupied
buildings or structures or parts of same), excavation of any type
or kind that is perilous, hazardous, unsafe, dangerous, causing danger
or likely to cause harm, injury, damage, hurt, inconvenience or discomfort,
and is in such condition as to make it dangerous and injurious to
the health, safety, morals and general welfare of the public or the
inhabitants of the Township of Washington; and/or is so dilapidated
as to be injurious of the cleanliness, beauty, convenience, comfort,
aesthetic values, and to the annoyance of the public, traveling public
or residents living within the immediate vicinity thereof.
[Added 2-7-2006 by Ord. No. 5-05]
Any putrescible animal and vegetable waste, including but
not limited to offal, pomace, dead animals and decaying organic matter.
A motor vehicle which is unable to move under its own power
and does not have a valid registration plate or valid and current
inspection sticker. A "Reprint," "Dealer" or similar registration
plate shall not qualify as a valid registration plate under all provisions
of this chapter. A junk motor vehicle may include any of the following
defects:
Broken windshields, mirrors or other glass,
with sharp edges.
One or more flat or open tires which could permit
vermin harborage.
Missing doors, windows, hood, trunk or other
body parts.
Any body parts with sharp edges, including holes
resulting from rust.
Missing tires resulting in unsafe suspension
of the motor vehicle.
Upholstery which is torn or open which would
permit animal or vermin harborage.
Broken headlamps, tail lamps or other luminary
devices with sharp edges.
Disassembled chassis parts apart from the motor
vehicle stored in a disorderly fashion or loose in or on the vehicle.
Sharp objects protruding from the chassis.
Broken vehicle frame suspended above the ground
in an unstable manner.
Leaking or damaged oil pan or gas tank (hereby
considered to be risk of fire or explosion and environmental contamination).
Exposed battery.
Inoperable locking mechanism for doors or trunk.
Open or damaged floor boards, including trunk
and fire wall.
Damaged bumpers pulled away from the perimeter
of the vehicle.
Broken grill, trims or clips with protruding
edges.
Broken communication equipment antennas.
Suspended or unstable supports.
Any other such defects which could threaten
the health, safety and welfare of the citizens of Washington Township.
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets or highways,
and including trailers or semitrailers pulled thereby.
Any activity, conduct or condition which causes injury, damage,
hurt, inconvenience, annoyance or discomfort to the public or such
part of the public as would come in contact with such activity, conduct
or condition, and which adversely affects the same as to health, safety,
morals or general welfare, including aesthetics.
A person owning, leasing, occupying, having possession of
or having charge of any premises within the Township.
Includes any natural person, firm, partnership, association,
corporation, company or organization of any kind.
Any real property, vacant land, building and/or structure.
Any nonputrescible waste, either solid, liquid or a combination
thereof, including but not limited to scrap wood, glass, metal, plastic
paper, stone, concrete or clay items.
It shall be unlawful for any person to create
or maintain, either directly or indirectly, a nuisance within the
Township of Washington. Nuisances shall include but not limited to
the following:
A.
The existence of abandoned motor vehicles.
B.
The presence, outside of a building or fully enclosed
structure, of one or more junk motor vehicles as defined herein, except
that the owner of such premises, or the owner, operator or custodian
of such junk motor vehicle, who has the same for a bona fide purpose
of repair of such motor vehicle, may store or park said vehicle outside
of a building or fully enclosed structure for a period of not in excess
of 60 days from the time said vehicle is first brought upon said property,
provided that a permit is first obtained from the Zoning Officer of
the Township of Washington, and further provided that such person
shall have no more than one permit for the repair of a junk motor
vehicle at any one time, and that no more than one permit shall be
issued for any one junk motor vehicle. Further, such permit shall
expire 120 days from the date of issuance of said permit, and in no
event whatsoever will an extension of said one-hundred-twenty-day
period be granted, nor can more than one permit be issued pertaining
to each motor vehicle. The fee for said permit will be determined
by the Washington Township Council. In the event said permit expires,
then, in that event, said motor vehicle shall be towed from the premises,
and the failure and refusal to do so shall constitute a violation
under the prohibitions established hereunder.
C.
The presence of any garbage or rubbish which shall
or may afford food, harborage or breeding areas for vermin unless
the same is kept in covered containers designated and manufactured
for the storage of such items and further provided that the same shall
remain on said premises for a period of no longer than 10 days.
D.
The presence of rubbish which by its nature or due
to its storage has sharp or protruding edges or parts which pose a
present or potential hazard to any person.
E.
The storage or placement of equipment, rubbish, machinery,
material, vehicles or any parts thereof, in any manner which would
allow the same to easily shift, tilt or fall from such position.
F.
The draining of, or the allowing to drain, by natural
or artificial means, any foul or offensive liquid of any kind, from
any premises into, upon or along any other premises, public right-of-way
or public lands, except where provision has been made for the lawful
drainage prior to the passage of this chapter, shall not make such
activity or condition lawful.
G.
Dangerous structures prohibited. It shall be unlawful
for any person to allow, or cause to be allowed, or continue to allow,
the existence of any dangerous structure, excavation on a public or
private property, or fail to make repair(s) or remedies as set forth
in this chapter.
[Amended 2-7-2006 by Ord. No. 5-05]
H.
Pushing, shoveling or otherwise depositing snow, ice,
mud, rocks, earth, manure, animal waste, cut vegetation, or any combination
thereof, upon the traveled portion of any premises, highway, road,
street or alley owned or maintained by the Township, county or Commonwealth
of Pennsylvania.
I.
Agricultural disclaimer. All lands within the agricultural
zone are located within an area where land is used for agricultural
production. Owners, residents and other users of property in the agricultural
zone may be subjected to inconvenience and discomfort arising from
normal and accepted agricultural practices and operations. Owners,
occupants and users of property in the agricultural zone should be
prepared to accept such inconveniences and discomfort and are hereby
put on official notice that Section 4 of Pennsylvania Act 133 of 1982,
the Right-to-Farm Law,[1] may bar them from obtaining a legal judgment against such
normal and accepted agricultural operations. Agricultural practices
determined to be outside the normal and accepted are not covered by
this disclaimer.
[1]
Editor's Note: See 3 P.S. § 951
et seq.
A.
Whenever the Township determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this chapter, it shall give notice of such alleged violation to
the person or persons responsible therefor, as hereinafter provided.
Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons why it is being
issued.
(3)
State reasonable time for the performance of any act
it requires; state the action or inaction required of the owner in
order to come into compliance with this chapter.
(4)
Be served upon the owner or his agent, or the occupant,
as the case may require; provided that such notice shall be deemed
to be properly served upon such owner or agent, or upon such occupant,
if a copy thereof is served upon him personally; or if a copy is posted
in a conspicuous place in or about the premises affected by the notice
if he is served by first class United States mail, postage prepaid;
or if he is served with such notice by any other method authorized
or required under the laws of this commonwealth.
D.
Whenever the Council finds that any emergency exists
which requires immediate action to protect the public health, safety,
morals or general welfare, it may, without notice or hearing, issue
an order reciting the existence of such an emergency and require that
such action be taken as it deems necessary to meet the emergency.
Notwithstanding the other provisions of this chapter, such order shall
be effective immediately.
[Amended 9-1-2009 by Ord. No. 2-09]
This chapter regulates building, housing, property
maintenance, health, fire, public safety, air or noise pollution and
shall be enforced pursuant to 53 P.S. § 66601(c.1) and (2).
A.
Enforcement thereof shall be by an action before a
District Justice in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Civil Procedure.
The Township Solicitor may assume charge of the prosecution without
the consent of the District Attorney as required under Pa. R. Crim.P.
No. 83 (c) (relating to trial and summary cases). The Township Council
hereby sets a criminal fine in the amount of $300 per violation, and
the costs of prosecution, and, in default of payment of such fine
and costs of prosecution, to undergo imprisonment for not more than
30 days; provided, further, that each day's continuance of a violation
shall constitute a separate event and violation.
B.
The Township Council may direct the removal, repair
or alterations, as the case may be, to be done by the Township and
to certify the costs thereof to the Township Solicitor. The cost of
such removal, repairs or alterations shall be a lien upon such premises
from the time of such removal, cutting, repairs and alterations, which
date shall be determined by the certificate of the person doing such
work, and filed by the Township Secretary.
C.
The Township, by means of a complaint in equity, may
compel the owner of the premises to comply with the terms of any notice
of violation, or seek any such other relief as any such court of competent
jurisdiction is empowered to afford.
