[HISTORY: Adopted by the Borough Council of the Borough of Upland 12-10-1996 by Ord. No. 9-1996. Amendments noted where applicable.]
The Borough Council of the Borough of Upland, Delaware County, Pennsylvania, finds that removal of nuisances is in the interest of the citizens of the Borough and that removal of nuisances on public and private property promotes the public health, safety and welfare of all residents of the Borough.
For the purposes of the chapter, the following terms, phrases and words and their derivatives shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word shall is always mandatory and not merely directory.
- ABANDONED MOTOR VEHICLE
- Any motorized vehicle which is without a currently valid license plate or plates and/or is in a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative or abandoned condition.
- Any large trash/refuse container (which may or may not include
a hoisting unit); usually, but not necessarily, rented from a commercial
company to enable the collection, storage and removal of abnormally
large quantities of demolition or construction material.[Added 8-13-2002 by Ord. No. 5-2002]
- Having a wall or walk, window or windows and a door used as access to the dwelling.
- Any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes, but is not limited to the following conditions and the keeping or depositing on or the scattering over the premises of any of the following:
- A. Junk, trash or debris.
- B. Abandoned, discarded or unused objects or equipment such as motor vehicles, furniture, stoves, refrigerators, freezers, cans or containers.
- C. Maintaining or causing to be maintained, any dangerous structures, including but not limited to abandoned, occupied or unoccupied buildings or parts of buildings.
- D. Maintaining or causing to be maintained upon any unenclosed porch or exterior attachment, which faces a regularly traveled thoroughfare, furniture, other than furniture designed for exterior use, which is commonly intended for use inside a dwelling, including but not limited to upholstered sofas, chairs, davenports, beds, divans and the like.
- E. The use of a porch roof or other second story or higher portion of a structure for a nondesigned use, unless said porch roof or other portion of a structure is specifically designed for said use.
- F. Weeds, grass or other uncultured vegetation not edible or planted for some useful or ornamental purpose, more than 10 inches in height when measured from the surface of the ground, provided that weed growth on lawns occurring between mowings shall not constitute a nuisance.
- G. Trees, shrubs, hedges or other vegetation overhanging sidewalks or other pedestrian walkways at a height less than eight feet.
- H. Trees, shrubs or other vegetation overhanging a road right-of-way at a height of less than 16 feet, measured from the street surface at the curb.
- I. Garbage and dumpsters.[Amended 8-13-2002 by Ord. No. 5-2002]
- (1) Garbage, garbage containers, trash, trash containers stored in the front of a building, on a porch or front yard, except from 5:00 p.m. on the day immediately prior to the regularly scheduled collection of trash.[Amended 7-8-2003 by L.L. No. 3-2003]
- (2) Any dumpster, as defined in this chapter, placed on public or private property in such a way that it obstructs a public right-of-way (any street, sidewalk, alley, path, intersection or thoroughfare) so as to impede the normal and usual vehicle and/or pedestrian traffic flow.
- J. Maintaining any unregistered or uninspected motor vehicle(s) on a lot, except for properly licensed new or used car dealers.[Amended 8-10-2010 by Ord. No. 6-2010]
- K. Any tree which is decayed or damaged to such an extent that it constitutes danger to any passersby upon a public road, right-of-way or sidewalk by reason of falling limbs.
- L. Any night earth or other obnoxious or noisome substances on any premises; or any garbage pail without the same being covered with a flytight lid.
- M. Any accumulation of stagnant water on any property or lot.
- N. Maintaining or causing to be maintained on any premises, for personal use or for the purpose of sale, any unwholesome, spoiled, decayed or deteriorated food or provisions.
- O. Maintaining or causing to be maintained on any premises, for personal use or for the purpose of sale, any food or provisions which emit odors detectable across any real property boundary within the Borough of Upland.
- P. Any dumping, depositing, placing, throwing or locating any waste, tin cans, rubbish or refuse matter, tacks, nails, broken glass or other deleterious matter upon any public or private road, sidewalk or other public or private place or lot within the Borough.
- Q. Allowing, causing or permitting weeds, grass, trees or bushes to grow upon or obstruct the paved sidewalks adjacent to any property.
- R. Allowing, causing or permitting the sidewalks in front of any property to remain out of repair.
- S. Any person owning, occupying or having any present interest in any vacant, unoccupied or undeveloped lot, lots or tracks or pieces of land within the Borough of Upland, permitting or allowing weeds, bushes and similar vegetation, over the height of 18 inches, not edible or planted for some useful or ornamental purpose, to grow thereon.
- T. Any person owning, occupying or having any present interest in any land or pieces of land within the Borough of Upland, permitting or allowing any fallen tree or trees, as shall be determined by the Borough of Upland to harbor or afford a breeding place for insects, rodents or reptiles, to cause or be the source of unwholesome or undesirable smells or odors or to afford a hiding place for any unlawful activity.
- A person owning, giving, leasing, occupying or having charge of any premises within the Borough.
- Any natural person, firm, partnership, association, corporation, company or organization of any kind.
- PORCH or EXTERIOR ATTACHMENT
- Any area attached to or appended to a building regularly used for dwelling.
- PORCH ROOF
- A roof at the second story or above on any building, which extends over an unenclosed area.
- REGULARLY TRAVELED STREET
- Any street, alley or thoroughfare on which one or more motor vehicles travel during any twenty-four-hour period.
Nuisances, as defined herein, are hereby declared to be illegal.
Abatement of nuisance by owners. The owner, owners, tenants, lessees and/or occupants of any lot within the Borough upon which a nuisance is found to exist and also the owner, owners and/or lessees of said personalty involved in such storage (all of whom are hereafter referred to as "owners") shall jointly and severally abate said nuisance by the prompt removal of said nuisance.
Abatement of nuisance by Borough. Whenever said owner(s) shall fail to abate said nuisance, the Borough shall take such action as is necessary to abate said nuisance without liability for damage to the property. The actual costs of abating said nuisance, including actual labor charges, equipment rental charges, postage and 25% of the costs for administrative overhead, plus 50% of the total, shall be collected from the owner of the premises either by an action in assumpsit or by the filing of a municipal claim or lien against the said real property. In addition to the above the Borough may, by an action in equity, compel the owner to comply with this chapter or take such other relief as a court may order.
Whenever a condition constituting a nuisance is permitted or maintained upon premises situate in the Borough, the Borough Manager or any police officer shall cause written notice, on the standard form provided by the Borough, to be served upon the owner in one of the following ways:
[Amended 8-13-2002 by Ord. No. 5-2002]
By personal delivery of the notice to the owner, tenant or lessee of the premises.
By leaving the notice with an adult upon the premises.
By attaching a copy of the notice to the door at the entrance of the premises in violation.
By mailing, by certified mail, a notice to the last known address of owner.
Such notice shall set forth in what respects such conditions constitute a nuisance and whether removal is necessary and required by the Borough or whether the situation can be corrected by repairs, alterations or by boarding or fencing or in some other manner confining and limiting the nuisance.
Commencement of action.
[Amended 8-13-2002 by Ord. No. 5-2002]
Such notice shall require the owner(s) to commence action, in accordance with the terms thereof, within seven days of the date of the notice, and thereafter to complete the work necessary to comply fully with the terms of the notice as soon as is reasonable, but not later than 60 days from the date of said notice, provided that the owner(s) has requested such an extension within the original term for compliance. Upon failure of the owner to comply with the notice the Borough shall commence legal action.
Such notice shall require the owner(s) to commence action to completely remove, within 24 hours, any impediment to the normal and usual vehicle or pedestrian traffic, as defined under § 129-2I(2) of this chapter.
The expense of said compliance shall be at the expense of the owner; provided, however, that if a violation requires immediate correction, such notice shall require the owner to immediately comply with the terms thereof.
Notice required under § 129-5A shall be given one time during a calendar year. Any subsequent violation of the same or similar nature the Borough shall immediately commence legal action without additional notice.
Each day shall constitute a separate violation of this chapter.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $600, except where a violation pertains to a matter of health for which the fine shall be not more than $1,000 and costs of prosecution and restitution in a case in which the Borough has abated the nuisance in accordance with § 129-4B of this chapter or, upon default of payment of fines, costs and restitution, by imprisonment in the county jail for a period of not more than 30 days.