[Ord. 576, 8/1/1988, § 1]
The Board of Commissioners herewith declare that abandoned deep
mine portals which are not securely closed and sealed off from access
present a safety hazard and are a danger to the youth of the Township
who frequent the same, as well as presenting a harborage for undesirable
elements within the Township and constitute a public nuisance within
the Township.
[Ord. 576, 8/1/1988, § 2]
The Board of Commissioners deems it appropriate to establish
a procedure whereby a determination as to whether any such abandoned
deep mine entries and portals constitute a nuisance within the Township
and, as such, should be abated.
[Ord. 576, 8/1/1988, § 3]
The procedure to be followed by the Township in determining
whether or not any such abandoned deep mine entries or portals are
nuisances shall be as follows:
1.
Notice of the hearing to be held before the Township Board of Commissioners
to determine whether the abandoned deep mine entry and/or portal constitutes
a nuisance shall be given to the owner and/or occupier of the premises
on which the same is located a minimum of 10 days prior to such scheduled
hearing. Such notice shall be by certified mail, postage prepaid,
return receipt requested, as well as by posting the premises which
are subject of the nuisance hearing. On failure of the owner or occupier
of the premises to accept such certified mail, the posting of the
premises with respect to the hearing shall be deemed sufficient and
adequate service for all purposes hereunder.
2.
The hearing held before the Board of Commissioners shall be a public
hearing, subject to the Township Open Meeting Law and shall be one
at which the pertinent facts dealing with the abandoned deep mine
entry and/or portal will be presented, including its location and
whether or not it provides access to individuals, as well as the necessary
steps needed to seal off such abandoned entry or portal.
3.
Upon hearing all the pertinent facts, the Board of Commissioners
shall determine whether or not the abandoned deep mine entry and/or
portal constitutes a public nuisance, that is, presents a danger to
the health, safety and welfare of the community and poses a public
nuisance.
4.
The Board of Commissioners may make such determination at the time
of such hearing or within such time as may be specifically fixed by
it as may be necessary to view the site or otherwise receive information.
5.
The Board of Commissioners, if satisfied that the relevant facts
establish that a public nuisance exists, shall declare the same by
formal resolution and such formal resolution shall likewise set forth
the description of the nuisance, including the general legal description
and street address of its location, as well as setting forth evidentiary
facts considered by the Board of Commissioners in arriving at its
factual determination that a nuisance does exist. Such evidentiary
facts shall require that the finding be made that the portal was opened
and accessible to individuals and has been abandoned and active mining
is no longer in process.
6.
The Board of Commissioners shall forthwith order the owner or occupier
of the premises found to be a nuisance to summarily abate such public
nuisance within seven days of service of the Order declaring it to
be a public nuisance on the person or persons owning and/or occupying
the premises on which the nuisance is found to exist.
7.
Upon the failure of the owner or persons in possession of the adjudged
nuisance to take appropriate steps to abate the same and/or to present
a satisfactory plan to the Board of Commissioners to begin such abatement,
the Township shall be empowered to enter upon the premises where the
nuisance exists and to take sufficient action to abate the same, including
sealing off the entrance thereto and any and all other steps necessary
to prevent access by persons into the interior of such entry. The
Township is further empowered to assess the costs of such abatement
upon the property and to impose the same as a lien thereon in the
same fashion as any other municipal lien.
[Ord. 576, 8/1/1988, § 5]
Any person found to be in violation of this Part and who has
failed to abate the nuisance after proper hearing and notice thereof,
and in addition to the obligations incurred by reason of the Township
abating the nuisance and placing a lien on the property, shall likewise
be subject to a fine for violation of this Part of an amount not to
exceed $1,000 as determined by the District Justice hearing the matter.
Each day that a nuisance exists is deemed to be a separate and distinct
violation, punishable by a separate and distinct fine.
