[HISTORY: Adopted by the Borough Council of the Borough of
Jacobus as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-5-1995 by Ord. No. 121 (Ch. 10, Part 1, of the
1984 Code of Ordinances)]
No person, firm or corporation shall do any act or omit to perform a duty or permit a condition or thing to exist, which act, omission, condition or thing is defined in § 170-2 as a nuisance.
The following acts, omissions, places, conditions and things
are hereby defined and declared to be nuisances, which include the
erecting, maintaining, using, placing, depositing, leaving or permitting
to be or remain in or upon any private lot, building, structure or
premises, or in or upon any street, avenue, alley, parkway or other
private or public place in the Borough, of any one or more of the
following disordered, disturbing, unsanitary, fly-producing, rat-harboring,
or disease-causing places, conditions or things:
A.
Any putrid, unsound or unwholesome bones, meat, hides or skins of
the whole or any part of a dead animal, fish or fowl.
B.
Vaults, cesspools, dumps, pits or like places which are not securely
protected from flies or rats or which are foul or malodorous.
C.
Filthy, littered or trash-covered house yards, factory yards, vacant
areas in rear of stores, vacant lots, houses, buildings or premises.
D.
Animal manure, in any quantity, which is not securely protected from
flies and the elements.
E.
Weeds or plants which provide rodent harborage or weeds or plants
which are poisonous or noxious growing in yards, vacant lots or along
public streets in the Borough, which may pollute the neighborhood
or menace health.
F.
Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron,
wire, metal articles, bric-a-brac, broken stone or trash or abandoned
material, unless the same is kept in covered bins or receptacles approved
by the Borough.
G.
Any and all places used as a dumping ground or for the wrecking or
disassembling of automobiles, trucks, tractors, vehicles or machinery
of any kind or for the storing or leaving of worn-out, wrecked or
abandoned automobiles, trucks, tractors, vehicles or machinery of
any kind, or of any of the parts thereof, which such places are kept
so as to interfere with the comfortable enjoyment of life or property
by others.
H.
Trash, litter, upholstered furniture, rags, accumulation of empty
barrels, boxes, carts, packing crates, mattresses, bedding, excelsior,
packing hay, straw or other packing material, lumber not neatly piled,
scrap iron, tin or other metal not neatly piled or anything in which
flies or rats may breed or multiply or which may be a fire danger,
unused and discarded household goods and appliances.
I.
All refrigerators and freezers shall have all doors removed while
placed outside for any purpose in order to prevent access to any individual,
wherein possible physical harm or injury or death may result.
Jacobus Borough, or any officer, employee or agent thereof,
including, but not limited to, the Jacobus Borough Zoning Officer,
is hereby authorized to notify any owner or occupant of any said property,
personally or by United States regular mail or by posting such notice
upon the premises, to remove or eliminate any nuisance on said person's
property within 10 days of the date of the notice. Upon the failure
of such owner or occupant to comply with the Borough's orders
within such period of time, the Borough Council, the Jacobus Borough
Zoning Officer, or any officer, employee or agent of the Borough is
hereby authorized and directed, at its option, to enter upon such
premises and remove and eliminate the nuisance contained thereon.
The cost of such entry, removal or elimination, together with a penalty
of 10% of the amount thereof, shall be paid by such owner or occupant
within 10 days from the date of notification of the cost and penalty.
In the event the owner or occupier refuses to pay the cost and penalty,
the same shall be filed and entered as a lien against said premises
and shall be collected in the manner provided by law for the collection
of municipal liens.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any person, business entity or corporation who violates a provision
of this article shall be subject to a summary criminal proceeding
before the Magisterial District Justice as provided by the Pennsylvania
Rules of Criminal Procedure. Upon a finding of a violation, a fine
of not less than $450 nor more than $1,000, plus costs of prosecution,
including court costs and reasonable attorney fees incurred by the
Borough to prosecute the violation, shall be imposed, and such person
may be subject to imprisonment of up to 15 days in the event such
fines and costs are unpaid. Each day that such violation(s) continues
shall be a separate violation of this article.
