[HISTORY: Adopted by the Council of the Borough of Sharon Hill 4-6-1936 by Ord. No. 521 (Ch. 77 of the 1972 Code). Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the meanings indicated:
- NOXIOUS VEGETATION
- Any neglected or uncared-for vegetation, whether living or
dead, including all unpruned, decayed, rank or uncut weeds, grass,
vines, plants, shrubs, brush or undergrowth, the height of which,
either individually or collectively, exceeds a height of 10 inches.[Amended 4-24-2008 by Ord. No. 1322]
- OBJECTIONABLE ACCUMULATIONS
- Any accumulation of supplies, goods, chattels, merchandise, fuel, manufacturing and any and all materials used or to be used for building, grading or other purposes, whether possessing value or not, deposited or stored in such a manner or place or for such length of time or under such circumstances as to be objectionable, unsanitary, unsightly, inconvenient or dangerous, or as to hinder free ingress and egress, including anything herein described as rubbish or noxious vegetation; and every other kind of material deposited at a place other than or in an amount in excess of that reasonably necessary to the lawful use of the premises for business, residence or other legitimate purpose.
- Any waste, discarded or rejected matter or substance, vegetable, animal or mineral, including unused chattels, furnishings, tools, vehicles, implements, trash, debris, scrap, junk, garbage, leaves, decayed or fallen trees, the branches or other parts thereof, stones, ashes, cinders, papers and all other superfluous, abandoned or unused materials or substances of whatever kind and condition.
It shall be unlawful and constitute a public nuisance for any person, firm or corporation owning or occupying private property in the Borough of Sharon Hill to deposit or cause or permit the deposit, maintenance, growth or existence of rubbish, noxious vegetation or other objectionable accumulations, as above defined, on any public or private property or on or in any public or private highway, street, lane, gutter, grass plot, sidewalk, way, lawn, yard, driveway, alley or passageway in the Borough of Sharon Hill, except as hereinbefore provided.
[Amended 10-8-1963 by Ord. No. 886; 3-8-1972 by Ord. No. 1012]
It shall be unlawful and constitute a public nuisance for any person, firm or corporation owning or occupying private property in the Borough of Sharon Hill to suffer or permit snow or ice to remain more than 24 hours after the same may cease to fall on any of the sidewalks of the Borough in front of or adjoining any property located in said Borough, and the occupant of said premises, if the premises are occupied, or the owner thereof, if premises are unoccupied, shall be liable to a fine and penalty hereinafter prescribed for such offense.
The Borough of Sharon Hill may, but shall not be required to, establish and maintain a dumping ground or grounds. Any dumping ground so maintained in the Borough shall be restricted to use by residents or property owners of the Borough and to refuse or other matter accumulated within the Borough. It shall be unlawful to deposit any noxious or objectionable matter on any dumping ground so maintained.
[Added 4-24-2008 by Ord. No. 1322]
From the date of the enactment of this section, all nuisance violations and citations hereinafter issued as a result of a property owner's allowing noxious vegetation to accumulate in excess of 10 inches shall be governed exclusively by the provisions of this chapter of the Sharon Hill Borough Code.
[Added 4-24-2008 by Ord. No. 1322]
Section 302.4 of the 2006 International Property Maintenance Code, which has been incorporated by reference into § 200-2 of the Sharon Hill Borough Code, is hereby repealed.
Section 107 of the 2006 International Property Maintenance Code, which has been incorporated by reference into § 200-2 of the Sharon Hill Borough Code, shall not govern, nor shall have any effect upon, any of the provisions of this chapter of the Sharon Hill Borough Code.
Section 111 of the 2006 International Property Maintenance Code, which has been incorporated by reference into § 200-2 of the Sharon Hill Borough Code, shall not govern, nor shall have any effect upon, any of the provisions of this chapter of the Sharon Hill Borough Code.
In the event of any conflicts between any of the provisions of the 2006 International Property Maintenance Code, which has been incorporated by reference into § 200-2 of the Sharon Hill Borough Code, and any of the provisions of this chapter of the Sharon Hill Borough Code, the provisions of this chapter shall prevail and govern.
[Amended 10-28-2010 by Ord. No. 1345]
In the event of a violation of the provisions of this chapter, the Borough may, by its workmen, contractors or agents, enter upon the premises where such violation exists to remove the snow or ice, rubbish, noxious vegetation or other objectionable accumulations constituting such violation and may take other such action as circumstances warrant for the protection of the health, cleanliness, convenience, comfort and safety of the residents of the Borough. In ordinary cases, the Borough shall, before taking such action, give five days' notice in the manner provided herein. But the Borough may, in all cases that are urgent or deemed necessary for the health, safety or welfare of any of the citizens of the Borough, including all those referred to in § 230-3, take such action itself without providing such notice.
Notice under this section shall be in writing and may be served by any of the following methods: 1) personally handling or giving the notice to the property owner; 2) personally handling or giving notice to a current resident, occupier and/or tenant of the property; or 3) placing or hanging the notice in a conspicuous location on the front door of the property.
Editor's Note: This ordinance also repealed a section pertaining to citations, added 4-24-2008 by Ord. No. 1322.
Whenever it becomes necessary for the Borough to take action under this chapter, the entire expenses thereof, in addition to legal costs, may be collected by the Borough by action in assumpsit or otherwise from the owner or occupant, or both, of the premises where the violation of the chapter exists. In addition thereto, the Borough may cause a municipal claim to be filed against said property or as much thereof with its appurtenances as is involved in said violation.
It shall be unlawful for any person to disclose the name of a person who requests a code enforcement action or makes a code enforcement complaint unless ordered to do so by a Judge or a duly appointed or elected official of the court.
[Added 7-24-2008 by Ord. No. 1326; amended 2-25-2010 by Ord. No. 1342]
[Amended 12-28-1972 by Ord. No. 1019; 7-14-1988 by Ord. No. 1180]
Any person who shall be convicted of a violation of any of the provisions of this chapter before any Magisterial District Judge shall be sentenced to pay a maximum fine as provided from time to time by state statute, together with costs of prosecution, or to imprisonment in the county jail for a term not to exceed 30 days, or both.
[Amended 10-28-2010 by Ord. No. 1345]
At least two times each year, the Borough shall publish in a newsletter or other publication of general circulation, which shall be distributed to every known property owner in Sharon Hill, a general notice that shall, at a minimum, inform the citizens of the Borough that this chapter prohibits any neglected or uncared-for vegetation, whether living or dead, including all unpruned, decayed, rank or uncut weeds, grass, vines, plants, shrubs, brush or undergrowth, from growing to or exceeding a height of 10 inches within the Borough.
This general notice, if so published and distributed in such a newsletter or other publication of general circulation, shall constitute sufficient notice to all property owners in the Borough of the requirements of this chapter, and no further notice need be provided before a citation may be issued under § 230-7 of this chapter.
It is the legislative intent that the several provisions of this chapter shall each be and remain in full force as though separately enacted.