[Adopted 9-6-2001 by Ord. No. 1683 (Ch. 10, Part 12, of
the 1986 Code of Ordinances)]
It is found by the City Council for the City of Washington that:
A.Â
Every person, resident or entity shall use their property so as not
to interfere with the proper use of property or the proper enjoyment
of public property by others.
B.Â
The use of property may constitute a nuisance by use of the property
which allows for excessive and/or unreasonable noise, offensive odors,
accumulation of inappropriate substances, excessive smoke, dust, gas,
fumes and/or unreasonable disturbances.
C.Â
Nuisances as aforesaid may annoy, inconvenience, interfere with or
damage a residence so as to be unreasonably harmful or annoying to
persons of normal sensibilities.
It shall be unlawful for any person to make, maintain, use property,
real or personal, as a nuisance in the City of Washington. Such unlawful
acts are defined to include:
A.Â
Acts or omissions which obstruct, interfere with or cause inconvenience
or damage to others.
B.Â
Acts, omissions or use of property which allows for unreasonable
noise, offensive odors, excessive smoke, dust, gas or fumes.
D.Â
Violation of the Commonwealth of Pennsylvania's Crimes Code, 18 Pa.C.S.A.
§ 6504, Public Nuisances.
[Amended 12-7-2006 by Ord. No. 1766]
A.Â
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.Â
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.Â
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
A.Â
As an additional remedy, the City of Washington may abate a nuisance
as defined herein to include, but not be limited to, an action in
the court of Common Pleas of Washington County for injunctive relief;
use of City of Washington personnel and equipment to remove any nuisance
with the cost thereof to be charged against the property owners and/or
person violating this article, said cost, including the actual cost
for the abatement of the nuisance plus ten-percent administrative
fee.
B.Â
If any provision or part of this article is adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity
of this article or chapter as a whole or any part or provisions not
adjudged to be invalid or unconstitutional.
