Borough of Lehighton, PA Article II Private Property Nuisances

[Adopted as Ch. 103, Art. I, of the 1975 Code]

§ 152-9 Prohibited items and conditions.

It shall be unlawful for any owner, tenant or occupier of private property in the Borough of Lehighton to place, erect or permit to remain on such private property any of the following items or conditions:

A. Any automobile, truck, tractor, trailer or other motor vehicle of any kind designed for traveling on the public highways which does not bear a current inspection sticker and current registration license issued by the Commonwealth of Pennsylvania, unless the same is stored inside a closed building.

B. Any race car or stock car of any type unless the same is housed inside a closed building.

C. Any cesspool, well or cistern unless the same is covered by a lid, cap or other covering which is securely fastened and which is sufficiently strong to support the weight of unsuspecting children or adults who might walk over or upon the same.

D. Any excavation made for a cellar or foundation for any building which has been permitted to remain open for more than 30 days.

E. Any used or discarded refrigerators, stoves, washing machines or similar appliances or fixtures unless the same are housed inside a closed building.

F. Any house, trailer, mobile home, garage, barn or other structure or building of any kind which has been damaged by fire or the remains or debris of the same after it has been so damaged and which is permitted to remain in such condition for more than 30 days.

G. Any unoccupied house, barn, garage or other structure or building which does not have a roof on it or which does not have all of its openings covered and sealed by unbroken doors or windows which are locked or adequately secured so as to prevent children or other persons from entering therein.

H. Any other structure, thing or condition that constitutes a public nuisance or a danger to the health, safety or welfare of citizens of the borough or persons traveling on the public streets of the borough or that constitutes a danger to the property of others.

§ 152-10 Notice to abate.

Any owner, occupier or tenant of any private property on which any of the foregoing items or conditions exist shall, within five days after receipt of notice from the borough to do so, repair, remove, correct or abate such conditions. Each day during which any such condition is permitted to exist after said five-day-notice period has expired shall constitute a separate offense under this chapter.

§ 152-11 Abatement by borough; recovery of costs.

The borough shall have the right, after five days' notice, to go upon any private property to repair, remove, correct or abate any condition which constitutes a violation of this Article and may assess the cost thereof, plus an additional 10% of such cost, against the owner, occupier or tenant of such property who was given such five-day notice. In the event of an emergency, when there is imminent peril to the lives or property of others, the borough may go upon private property without prior notice to repair, remove, correct or abate any such condition and shall, in such case, assess the cost of such work, plus an additional 10% against the owner of such property or any other person who created or permitted such condition to exist. Such costs, plus 10%, shall be collectible by the borough in the manner provided by law for the collection of municipal claims or by an action of assumpsit.

§ 152-12 Effect on Zoning Ordinance.

Nothing contained in this Article shall be construed to prohibit the conduct of any business which complies with the provisions of the Borough of Lehighton Zoning Ordinance;[1] provided, however, that any such business shall be conducted in such a manner as not to cause or constitute a public nuisance or a nuisance to properties or property owners in the neighborhood.

[1] Editor's Note: See Ch. 218, Zoning.

§ 152-13 Violations and penalties.

[Amended 8-26-1991 by Ord. No. 413]

Any person, partnership or partner thereof or corporation or officer thereof who violates any provision of this Article shall, upon conviction thereof before any District Justice, be subject to pay a fine of not less than $10 nor more than $600, plus costs of prosecution, and, in default of payment thereof, to imprisonment for a period of not more than 30 days.

§ 152-14 Additional remedies.

In addition to the penalties herein provided for the violation of this Article and notwithstanding any prosecutions instituted or convictions for any such violation, the borough shall have the right, by appropriate proceedings at law or in equity, to prevent the violation of this Article or to require the abatement of such conditions which constitute a violation of this Article.