[HISTORY: Adopted by the City Council of the City of Butler: Art.
I, 2-19-1987 as Part 7, §§ 707.02 and 707.99, of the 1987 Codified
Ordinances; Art. II, 7-21-1988 as Ord. No. 1310. Amendments noted where applicable.]
[Adopted 2-19-1987 as Part
7, §§ 707.02 and 707.99(b), of the1987 Codified Ordinances]
For the purpose of this Article, the following terms shall have the
meanings herein indicated:
The residue from the burning of wood, coal, coke or other combustible
material.
The sides of a stream of water or watercourse from the low water
mark to the highest point of elevation by which the depression of drainage
is marked or defined.
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
All putrescible and nonputrescible solid wastes, except bodily wastes,
including garbage, rubbish, ashes, street cleanings, dead animals and solid
market and industrial wastes.
Nonputrescible solid wastes, excluding ashes, consisting of both
combustible and noncombustible wastes, including but not limited to paper,
cardboard, tin cans, yard clippings, wood, glass, sweepings and similar materials.
A depression of drainage, natural or artificial, whereby water and
waterborne materials flow.
No person shall cast, place upon, sweep or deposit any ashes, garbage,
refuse or rubbish on any stream of water or watercourse within the city or
on the banks thereof or on the surface in the area beyond the top of such
banks for a distance of ten (10) feet landward of any stream of water or watercourse
within the city.
Any person violating the provisions of this chapter shall, upon conviction
thereof before a District Justice, be subject to a fine of up to three hundred
dollars ($300.) and costs of prosecution and, in default of payment of such
fine and costs, shall be subject to imprisonment in the county jail for up
to ninety (90) days.
[Adopted 7-21-1988 as Ord.
No. 1310]
For the purpose of this Article, the following definitions shall apply:
Any tree, structure, debris or other thing which exists or which
has fallen or is likely to fall during a subsequent flood or windstorm at
a location within or along a watercourse where said obstruction could cause
interference with or a diversion of the stream flow or could become waterborne
during periods of heavy runoff.
The City Engineer is hereby authorized to make such inspections and
take such action as may be required to enforce the provisions of this Article;
provided, however, that a decision by the Engineer that any live and standing
tree which constitutes a dangerous obstruction shall be of no force and effect
for the purpose of this Article, unless and until a majority of the City Council
concurs in said decision.
The Engineer shall inspect all trees, structures and other things within
and adjacent to all streams, channels and watercourses within the city to
determine whether or not such things constitute a dangerous obstruction found
by him is hereby declared to be a public nuisance, which may be summarily
abated pursuant to the following emergency procedures:
A.
The Engineer shall notify the owner and resident of the
real property involved of the existence of a dangerous obstruction upon his
property by all of the following methods where applicable:
(1)
Posting notice upon the main entrance of the principal
residence or building upon said property, if any.
(2)
Sending notice by certified mail, return receipt requested,
to the person listed on the latest assessment roll as the owner thereof.
(3)
Sending notice by certified mail, return receipt requested,
to the occupant of the principal residence upon said property, addressed to
the street address thereof.
B.
If no protest has been filed with the City Clerk by the
owner or resident of said property within seven (7) days of the mailing of
said letters and the posting of said notices, the city or its agent may enter
upon said property and abate said dangerous obstruction. The costs of abatement
shall be assessed as a municipal lien upon the property.
C.
If the owner or resident files a protest within said
seven-day period, the City Council shall meet in an emergency session to determine
whether or not a tree, structure or other thing in question constitutes a
dangerous obstruction. The decision of the City Council shall be final and
the city may proceed with the summary abatement of any such thing found to
be a dangerous obstruction by the City Council; provided, however, that the
city shall first deliver written notice of its intention to proceed with abatement
to any adult person found at the residence address within the city given by
said owner or resident in said protest and, further provided, that said summary
abatement shall not commence until at least three (3) regular working days
after the delivery of said notice. The cost of abatement shall be assessed
as a municipal lien upon the property.
D.
Before the city summarily removes any obstructions under
the provisions of this Article, the city shall prepare and file with the City
Clerk a report setting forth its reasons for finding the existence of a dangerous
obstruction. Wherever possible, photographs should be provided to augment
the report.
A.
It shall be unlawful for any person to remove, deface
or mutilate any notice, order, statement or resolution posted pursuant to
the provisions of this Article.
B.
It shall be unlawful for any person to obstruct, impede
or interfere with any owner or his agent or with any representative of the
city when engaged in performing any reasonable act for the execution of any
order of abatement issued pursuant hereto.
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction thereof before a District Justice, be subject to a
fine of up to three hundred dollars ($300.) and costs of prosecution for each
offense and, in default of payment of such fine and costs, shall be subject
to imprisonment in the county jail for up to ninety (90) days. A separate
offense shall be deemed committed on each date during or on which a violation
occurs or continues.
