[Ord. 821, 9/11/2006, § 1]
Unless the context specifically and clearly indicates otherwise,
the meanings of the terms and phrases used in this Part shall be as
follows:
The Elizabeth Township Sanitary Authority, a Pennsylvania
Municipal Authority, acting by and through its Board or, in appropriate
cases, acting by and through its authorized representatives.
A situation arising from a sanitary sewer line that requires
the Authority's immediate attention to protect public health
and the sanitary sewer system, including but not limited to raw sewage
backups on a property other than the property that has caused or created
the nuisance, sewage or any other leech on any ground surface, including
earth or water.
The owner listed in the real property records and county
tax records of the Allegheny County Recorder of Deeds.
The Township of Elizabeth, a Township of the First Class,
located in Allegheny County, Pennsylvania.
[Ord. 821, 9/11/2006, § 2]
1.
It shall be unlawful for any person or persons, firm, corporation,
or any agents thereof, to place, put, plant or maintain, in any right-of-way
or easement, or on any property or interest therein owned or under
the control or jurisdiction of the Authority, having constructed therein
or thereunder any sanitary sewer or appurtenances, any building or
building materials, landfill, clean fill, dirt, rocks, mulch, plant
or plant material, tree, shrub, vegetation or any substance or other
thing, natural or man-made, or any part thereof, and to so interfere
with the operation and maintenance of the same.
[Ord. 821, 9/11/2006, § 3]
Any such condition as defined in § 502 above is hereby
declared to be a public nuisance which may be abated as provided in
this Part.
[Ord. 821, 9/11/2006, § 4]
1.
Declaration of nuisance. The Authority shall have the power, as a
body, by committee or by any of its officers or employees, to enter
upon any premises at any time to investigate any condition defined
herein. After investigation, said condition, if applicable, shall
be declared a nuisance.
2.
Orders to abate. The Authority shall have the power to order that
such nuisance be abated or shall act to abate said nuisance, as the
cause may require, in accordance with the procedure.
3.
Nonemergency abatement procedure.
A.
After complaint or on its own motion, the Authority shall make a
finding that a nonemergency nuisance exists. The Authority must serve
its notice to abate upon the record owner of the property, or his
agent liable for same, if found in the Township, either by hand delivery
or by first class U.S. mail, postage prepaid, and the occupant or
tenant of any property which may be the source of the nuisance or
liable for same, by either hand delivery or by first class U.S. mail,
postage prepaid. If not found in the Township, the record owner or
agent liable shall be served by registered mail, return receipt, to
the last known address as certified by the tax records of Allegheny
County. If mail service cannot be attained, posting of the premises
and one publication in a newspaper of general circulation shall be
deemed sufficient notice.
C.
Time to comply. In a nonemergency situation, the responsible party
shall be given no less than 20 days to abate the nuisance at his/her
own expense.
D.
Should the owner or agent liable fail to abate said nuisance, the
Authority may then abate the nuisance.
4.
Emergency abatement procedure.
A.
Notwithstanding any of the above provisions, when an emergency situation
exists which, in the opinion of the Authority, may cause an immediate
danger to public health or to the sanitary sewer system, the Authority
may immediately act to abate the nuisance in order to protect the
public health. As soon as practicable, the Authority shall notify
the record owner or other responsible party, detailing the work required.
If practical, the Authority may meet with the record owner or responsible
party to detail the nature of the nuisance, the scope of the work
and the costs involved to so abate the nuisance. In this emergency
situation, said notification shall be deemed acceptable notice of
the nuisance.
B.
After said notification, the record owner or responsible party shall
have the opportunity to appeal the finding of the nuisance and the
extent of the work to the Board of the Elizabeth Township Sanitary
Authority within 30 days. In order to so appeal, the record owner
or responsible party must notify the Authority, in writing, of its
intent to appeal. After receiving such notice, the Authority shall
schedule a hearing before the Board or any committee thereof. Within
10 days of the hearing, the Board shall certify its findings to the
record owner or other responsible party. If the record owner or responsible
party elects to appeal, no enforcement or collection actions, including
but not limited to filing of municipal liens or suits at law or equity,
shall be filed until the Board certifies its findings to the record
owner or other responsible party.
[Ord. 821, 9/11/2006, § 5]
The Authority shall certify the expenses incurred in abating
any nuisance to the Authority's Solicitor, who shall collect
or lien the same in the manner currently now provided for municipal
claims, together with interest and a penalty of 10%.
[Ord. 821, 9/11/2006, § 6]
1.
Any person, firm or corporation who shall violate any provision of
§ 502 of this Part shall, upon prosecution and conviction
before a district justice, be sentenced to pay a fine of not more
than $1,000. Every day that a violation of § 502 occurs
or continues shall constitute a separate offense. In any case where
a penalty for violation has not been timely paid, and the person against
whom the penalty was imposed is found to have been liable therefor
in civil proceedings, the violator shall be liable for the penalty
imposed, including additional daily penalties for the continuing violations,
plus court costs and reasonable attorneys' fees incurred by the
Authority in the enforcement proceeding. If the violator neither pays
nor timely appeals the judgment, the Authority may enforce the judgment
pursuant to the applicable rules of civil procedure.
2.
In addition to or in lieu of a civil action before a District Justice,
the Authority may enforce this Part in equity. The appropriate officers
or agents of the Authority are hereby authorized to seek equitable
relief, including but not limited to injunctions, to enforce compliance
herewith.
[Ord. 821, 9/11/2006, § 7]
The Board of Commissioners reserves the right, from time to
time, to adopt modifications of, supplements to or amendments of this
Part.
