[HISTORY: Adopted by the Borough Council of the Borough of New Freedom 12-19-1983 by Ord. No. 1983-8 (Ch. 10, Part 1, of the 1983 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 74.
Brush, grass and weeds — See Ch. 83.
Dangerous buildings — See Ch. 87.
Construction codes — See Ch. 103.
Parks and recreation areas — See Ch. 149.
Junked, abandoned and discarded articles — See Ch. 183, Art. II.
A. 
The word "nuisance," as used in this chapter, shall mean any use of property within the Borough, or any condition upon property within the Borough that, other than infrequently, causes or results in:
(1) 
Annoyance or discomfort to persons beyond the boundaries of that property;
(2) 
Interference with the health or safety of persons beyond the boundaries of that property or of persons who might reasonably be expected to enter upon or be in that property; and
(3) 
Disturbance to or interference with the peaceful use of the property of others within the Borough, in any case taking into consideration the location of the use or conditions and the nature and condition of the surrounding neighborhood.
B. 
Specifically, the word "nuisance" shall include but shall not be limited to the following:
(1) 
Loud playing of radios, television sets, amplifiers and other sound devices so as to be heard beyond the premises from which the same shall emanate.
(2) 
Operation of gasoline-powered lawn mowers or gasoline-powered chain saws on any weekday before 8:00 a.m. or on any Sunday before 12:00 noon.
(3) 
Operating model airplanes equipped with gasoline engines on any public street or on any public ground, including any playground.
(4) 
Keeping or harboring any dog or other animal or fowl which, by frequent howling or barking or other noise or odor, shall annoy or disturb the neighborhood or a number of persons in violation of § 74-5, Noise disturbance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Maintaining or permitting the maintenance of any of the following dangerous conditions, structures or premises:
(a) 
Open wells or cisterns;
(b) 
Open excavations;
(c) 
Unfinished buildings, foundations or other structures;
(d) 
Buildings or structures damaged or partially destroyed or in a state of disrepair or danger;
(e) 
Dangerous placement or storage of vehicles, materials or equipment;
(f) 
Lakes, ponds or swimming ponds not properly safeguarded;
(g) 
Stagnant water in pools in which mosquitoes, flies or insects multiply.
(6) 
Carrying on any building or road construction, excavation or trenching, or the operation of heavy equipment or trucks in connection with these activities at any time on Sunday or a legal holiday, or on any other day of the year at any time between 7:00 p.m. and 7:00 a.m. without a special permit issued by the Secretary. The special permit shall be issued only if it is shown that the construction work must proceed as a matter of emergency or that it can be carried on in a manner or in such place that the public or residents will not be annoyed or disturbed by such construction work.
(7) 
Carrying on construction work in such a manner that dirt is carried by wind onto adjacent properties or that mud is tracked or drained into streets adjacent to the project.
(8) 
Washing, tracking or otherwise depositing dirt, mud, soil, stone or debris upon or onto the pavement of any street, without removing the materials before 5:00 p.m. of the day on which the material was deposited.
(9) 
Using any property or operating any business or other activity so as to permit or cause smoke, soot, cinders, fly ash, dust, mud, dirt, acid, noxious or offensive fumes, gases or odors to be discharged into the air, or to be carried off the premises, or to cause any water to become polluted by sewage, industrial wastes, acid or other substance, or to cause a glare from lights, or noise of such character as to cause annoyance to residents or interference with the normal use of adjacent properties.
(10) 
Hitting of golf balls on playgrounds or on public property.
It shall be unlawful for any person to create, continue, cause, maintain or permit to exist any nuisance at any place within the Borough.
A. 
If Council determines that a nuisance or dangerous structure exits, it may direct that notice be given to the owner or occupier of the property upon which the nuisance exists, any other person having an interest not of record in the property (if known), and the person causing the nuisance or dangerous structure to exist if different from the persons mentioned, to remove the nuisance or dangerous structure within 30 days after the date of the notice.
B. 
The notice shall contain the following information:
(1) 
The names and addresses of the owners of record and the occupier of the property, any other person having any interest of record in the property, any other person having an interest not of record in the property (if known), and the person causing the nuisance or dangerous structure if different from those mentioned.
(2) 
A brief description of the property sufficient to identify it.
(3) 
A description of the acts or conditions constituting the nuisance or dangerous structure.
(4) 
Advice that a hearing before Council to hear objections to the requirement of the removal of the nuisance or dangerous structure may be had by filing written application at the Borough office within 10 days of the date of this notice.
(5) 
Advice that if the nuisance or dangerous structure is not removed prior to the hearing, it may be removed after the hearing by the Borough, and the cost of removal, together with a penalty of 10% of the costs, will be collected in the manner provided by law for the collection of municipal claims or by action of assumpsit.
C. 
The notice shall be given to persons by certified mail, return receipt requested, at the address to which real estate tax bills are sent, in the case of owners; at the property, in the case of an occupier who is not an owner; in the case of other persons having an interest of record, at the address set forth in the record; in the case of other known persons having an interest not of record, to the address that may be known; and by posting a copy at a conspicuous place on the property, the mailing and posting to take place on the date of the notice.
D. 
The person mailing and posting the notice shall file in the office of the Manager/Administrator if there be one and, if not, with the Secretary, a copy of the notice and a certificate stating the place, date and time of the mailing and posting.
E. 
If any person to whom such notice is given, or any other person having an interest in the subject premises, shall, within 10 days of the date of the notice, file at the office of the Manager/Administrator if there be one and, if not, with the Secretary, a written request for a hearing on objections to the direction to remove the nuisance or dangerous structure, Council shall hold a hearing, upon at least 10 days' written notice to the persons setting forth the time and place of the hearing. Council shall hear relevant testimony from Borough personnel, consultants retained to advise the Borough in connection with the nuisance or dangerous structure, personnel of the Pennsylvania Department of Environmental Protection or Pennsylvania Department of Health, the persons mentioned in § 144-B(1) above, and other interested persons, relating to the nuisance or dangerous structure. Interested parties shall have the right to representation by counsel and the right of cross-examination at the hearing. The hearing may be continued from time to time. At the conclusion of the hearing, Council shall, by resolution, declare its findings.
F. 
If Council determines that the acts or conditions do not constitute a nuisance or dangerous structure, it shall so declare, and the proceedings shall terminate.
G. 
If Council determines that the acts or conditions do constitute a nuisance or dangerous structure, it shall so declare, after which it may direct the appropriate officials to effectuate the removal of the nuisance by use of Borough forces or by contractors that may be appropriate for the purpose. Borough personnel and any contractors hired by the Borough or Borough contractors bidding on any contract to be let by the Borough for the purpose of the removing of nuisances or dangerous structures are expressly authorized to enter upon the premises for this purpose or for the purpose of determining the amount of their bid. There shall be no obligation on the Borough's part to advertise for bids or let them to the lowest bidder, except as otherwise required by law.
H. 
Council may defer the time in which Borough personnel are to act to remove the nuisance or dangerous structure to a set future time in order to allow the owner or other persons having any interest in the property further opportunity to remove the nuisance or dangerous structure. Council may extend the time, if, in its opinion, good cause for an extension exists.
I. 
If no hearing before Council has been requested within the time set forth in § 144-3B(4), Council may, by resolution, without further hearing, declare the premises to be a nuisance or a dangerous structure and order the removal in such fashion as Council directs, which may include, by way of example and not limitation, the demolishing of a structure on the land, the work to be performed by the Borough forces or such private contractors as may be deemed appropriate by Council or its duly authorized agents. There shall be no obligation upon the Borough to repair or restore any structure.
J. 
At any time prior to the arrival of Borough forces or a contractor to remove the nuisances or dangerous structure, under the provisions of this section, the owner or occupier of, or any person having an interest in, the subject premises, or a person acting in his behalf, may remove the nuisance or dangerous structure at his own expense and then all further proceedings shall terminate. First, however, they shall have been paid to the Borough any costs incurred by the Borough in the proceedings to date, including by way of example and not limitation, the amounts due any contractor by reason of the Borough's cancellation of the contract with the contractor and, in addition, a bond issued by a surety or bonding company licensed to do business in Pennsylvania in which the Borough is obligee in such amount as Council may determine in order to guarantee to the Borough the costs of removing the nuisance or dangerous structure in the event the owner or person fails to do so within such time as may be allowed by Council, posted with the Borough, if Council so directs.
K. 
Once the Borough forces or contractor have arrived at the subject property, there shall be no further right to remove the nuisance or dangerous structure.
L. 
The Secretary shall keep an account of the costs of removing the nuisance or dangerous structure and shall render an itemized report, in writing, to Council upon completion, showing the costs. The accounting shall include a penalty for Borough overhead or administrative cost in the amount of 10% of the total cost of the removal. If Council shall approve the account, a copy of the account shall be served upon the persons referred to in § 144-3B(1) above, by certified mail and directed to the address to which the notice referred to in § 144-3C(3) above was directed, unless the parties have notified the Borough, in writing, of another address, together with notice that the amount shall be paid to the Borough within 45 days of the date of the notice, and, upon the failure to make payment, the Borough shall take such steps to collect the amount from the owner or occupier of the premises by a municipal claim, an action in assumpsit, or other legal proceedings as may be permitted by law from time to time.
M. 
If the owner shall fail to make payment within 45 days of the date of the notice, Council shall direct the Solicitor to collect the amount from the owner or occupier of the premises by a municipal claim, an action in assumpsit, or such other legal proceedings as may be permitted by law from time to time.
N. 
Whenever Council shall determine that a nuisance or a dangerous structure is such an imminent peril to the health or safety of the public or to public or private property that the time required to follow the procedures outlined above would seriously threaten the health or safety of the public or create injury to public or private property, Council may order without delay the removal of the nuisance or dangerous structure. In doing so, Borough forces may be used or private contractors employed. Afterward, the proceedings set forth in § 144-3L and M above shall be followed.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This chapter shall not be construed to be the sole means for abatement of nuisances within the Borough, and nothing shall preclude any person from proceeding individually or with other injured persons to effect the abatement of a private nuisance. Furthermore, in the exercise of the powers conferred in this chapter, the Borough may institute proceedings in equity.