[HISTORY: Adopted by the Board of Supervisors of the Township
of Schuylkill 7-7-1965; amended in its entirety at time of adoption of Code (see
Ch. 1, General Provisions, Art. I). Subsequent amendments noted where
applicable.]
This chapter shall be known and may be cited as the "Schuylkill
Township Nuisance Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
The person appointed by the Township Board of Supervisors
to enforce this chapter.
An inconvenience or troublesome offense that annoys the whole
community in general, and not merely some particular person, and produces
no greater injury to one person than to another; an act that is against
the well-being of the community.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate or
any other legal entity whatsoever which is recognized by law as the
subject of rights and duties. Whenever used in any clause prescribing
and imposing a penalty or fine, the term "person" shall include the
members of an association, partnership or firm and the officers of
any public or private corporation for profit or not for profit.
Schuylkill Township, Chester County, Pennsylvania.
Any Canadian or Russian thistle, chicory, burdock, nettle,
poison ivy, sumac, goldenrod, wild lettuce, wild mustards, wild parsley,
ragweed, milkweed, multiflora rose, kudzu or any noxious weed as defined
by the Noxious Weed Control Law[1] or any other plant or vegetation whatsoever, not edible
or planted for an ornamental or agricultural purpose.
[1]
Editor's Note: See 3 P.S. § 255.1 et seq.
No person shall continue, maintain, cause, permit, establish
or carry on any of the following prohibited acts or activities on
any public or private property in the Township, if the same are determined
to be and constitute nuisances in fact:
A.
The storage,
accumulation or depositing of any abandoned or junked vehicles or
parts thereof.
B.
The storage,
accumulation or depositing of any abandoned or used building materials
of any kind.
C.
The storage,
accumulation or depositing of garbage, ashes, rubbish or other refuse
matters.
D.
The storage,
accumulation or depositing of any upholstered furniture manufactured
primarily for indoor use, including mattresses, outside of a fully
enclosed building. This shall include the storage, accumulation or
depositing of any upholstered furniture manufactured primarily for
indoor use, including mattresses, on an unenclosed porch.
E.
The maintenance
of any dangerous structure, including buildings or parts of buildings
in a state of dilapidation or disrepair.
F.
The filling
up or stopping of any Township swale or drainage ditch.
G.
Any use
of land or a structure which is unreasonable or unlawful and causes
injury, damage or substantial discomfort to the residents of the Township
in the legitimate enjoyment of their reasonable rights.
The Code Enforcement Officer of the Township shall serve written notice, either personally or by certified or first-class mail, on any person violating the provisions of § 230-3 of this chapter to remove any nuisance or dangerous structure on public or private property. Upon the failure of said person to comply with such notice within 15 days after receipt thereof or to request a hearing within such time before the Board of Supervisors pursuant to the Local Agency Law, 2 Pa.C.S.A. § 551 et seq., the Board of Supervisors may remove or arrange for the removal of the nuisance or dangerous structure and collect the cost of such removal, together with a penalty of 25% of the cost of the removal, from the person failing to comply with such notice by summary proceedings or in the manner provided for the collection of municipal claims or by a civil action without the filing of a municipal claim.
Any person who or which shall violate any of the provisions of this chapter shall, upon conviction thereof by summary proceeding before any Magisterial District Judge having jurisdiction, be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs of prosecution. Such fine and costs shall be in addition to the remedies provided in § 230-4 of this chapter and shall be enforceable and recoverable in the manner provided by applicable law. All fines collected for the violation of this chapter shall be paid to the Treasurer of the Township for the general use of the Township. The Board of Supervisors may also institute proceedings in equity to enjoin violations of this chapter.
