[HISTORY: Adopted by the Borough Council of the Borough of
Wilmerding as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-17-1954 by Ord. No. 643; amended in its entirety 11-14-1989 by Ord. No.
899 (Ch. 10, Part 1, of the 1989 Code)]
A.
LESSEE
NUISANCE
OWNER
PERSON
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner when the lessor holds the lessee responsible for maintenance
and repairs.
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of the Borough of Wilmerding.
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual or
partnership, association or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
B.
In this article, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
It shall be unlawful for any person to create or maintain any
condition upon his property which could directly or indirectly cause
a nuisance or health hazard to residents of the Borough of Wilmerding.
Specifically, the unsheltered storage or maintenance of unused, stripped,
damaged and generally unusable machinery or equipment or materials
shall be considered a nuisance and/or health hazard if any of the
following conditions exist:
A.
Broken glass or metal parts with sharp or protruding edges.
B.
Openings or areas which are conducive to the harboring and growth
of vermin.
C.
Storage in any manner which would allow the equipment, machinery,
material or any parts thereof to easily shift, tilt or fall from its
original storage position.
D.
Contains any liquid or material of a hazardous or potentially hazardous
nature, including, but not limited to, gasoline, oil, battery acids,
refrigeration agents, and poisons.
E.
Any other condition which, in the opinion of the inspecting official,
shall be deemed to be a health hazard, potential health hazard or
nuisance.
A.
Storage of such items as listed in § 210-2 hereof on personal
property shall be permitted only in strict compliance with the regulations
provided herein or with stricter regulations in other Borough ordinances
or in state or federal laws. Each person, owner or lessee desiring
to store items described in § 210-2 must first apply for
a permit for either temporary or permanent storage and pay a fee to
the Borough of Wilmerding such as may be provided from time to time
by resolution of the Borough Council. The nuisance(s) must be stored
within a garage or other enclosed building or outside within an opaque
fence at least six feet high which is locked at all times when unattended.
With the special approval of the Borough Council, nuisances may also
be stored outside in an area enclosed by a chain-link fence, at least
six feet high, screened by shrubbery around the perimeter to the height
of the fence, with an unobstructed gate capable of admitting fire
or emergency equipment. Such gate shall remain locked at all times
when unattended. In addition, the machinery, equipment or materials
shall be kept free of vermin infestation while being stored and all
gas, oil or other potentially hazardous substances shall be removed.
The total area of storage of such potential nuisances may not exceed
200 square feet.
A.
The Chief of Police is hereby empowered to inspect grounds on which
machinery, equipment and/or various materials are stored to determine
if there is compliance with the provisions of this article. If noncompliance
with the provisions of this article constitutes a nuisance or if any
condition, structure or improvement poses a threat to the health,
safety or welfare of the public, he shall issue a written notice to
be served by registered or certified mail upon the owner of said premises
or, if the owner's whereabouts or identity be unknown, by posting
the notice conspicuously upon the offending premises.
B.
Said notice shall specify the condition considered to be a hazard
and/or a nuisance and shall require the owner to commence to remove
or otherwise rectify the condition as set forth in the notice within
10 days of mailing or posting of said notice and, thereafter, to fully
comply with the requirements of the notice within a reasonable time.
If the owner of grounds on which machinery, equipment and/or
materials are stored does not comply with the notice to abate the
conditions within the time limit prescribed, the Borough shall have
the authority to take measures to correct the conditions and collect
the cost of such corrections plus 10% of all costs. The Borough, in
such event and pursuant to its statutory or otherwise authorized police
powers, shall have the right and power to enter upon the offending
premises to accomplish the foregoing.
A.
Any person aggrieved by the decision of the Chief of Police may request
and shall then be granted a hearing before the Borough Council, provided
he files with the Borough Council within 10 days after notice of the
Chief of Police's decision, a written petition requesting such
hearing and setting forth a brief statement of the grounds therefor.
The hearing shall commence not later than 30 days after the date on
which the petition was filed unless postponed for sufficient cause.
B.
After such hearing, the Borough Council shall sustain, modify or
overrule the action of the Chief of Police.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 dollars and costs or, in default of payment thereof, to undergo
imprisonment for a term not to exceed 30 days. Each day that a violation
of this article continues shall constitute a separate offense.
The remedies provided herein for the enforcement of this article
or any remedy provided by law shall not be deemed mutually exclusive,
rather they may be employed simultaneously or consecutively, at the
option of the Borough Council.
