Every owner, lessee or occupant of any building shall provide
or cause to be provided suitable and sufficient receptacles for receiving
and holding of all garbage and rubbish that results from the occupancy
and use of said building, or any portion thereof. Such receptacle
or receptacles shall not be kept on any sidewalk or in any public
place longer than is necessary for the removal of its contents. All
receptacles used for the reception of garbage and rubbish shall be
provided with proper covers or lids and shall be kept securely closed
at all times.
[Amended 9-21-1993 by Ord. No. 1208]
A. No owner, lessee or occupant of any building shall throw, scatter
or permit the accumulation of any debris, ashes, garbage, wastepaper,
household waste, rubbish, metal, refuse materials or any other dangerous
or detrimental substance on any sidewalks or thoroughfares abutting
the building, in yards, in open garages, on porches or on grounds
or curtilage forming any part of the premises.
B. "Debris" shall include ashes, garbage, wastepaper, household waste,
rubbish, metal, refuse materials, car parts, tires and rims, discarded
refrigerators, television sets and tubes, hot water heaters and tanks,
furnaces and appliances, glass, pieces of concrete, wood or other
building materials, stacks of newspapers or any other dangerous or
detrimental substance.
No owner, lessee or occupant of any vacant lot, private court
or yard shall permit the accumulation of any dirt, ashes, rubbish,
tin cans, garbage, or other debris, thereon or on any abutting sidewalks
or pavements.
[Amended 9-21-1993 by Ord. No. 1208]
An owner who is not in actual possession of any premises described in §§
243-2 and
243-3 hereof, is hereby required to remove, or cause to be removed, all debris, ashes, garbage, wastepaper, rubbish, metal, refuse materials or any other dangerous or detrimental substances as prohibited by this chapter within 72 hours of accumulation or abandonment.
In the event any owner, lessee, or occupant, in violation of
the provisions herein, fails to remove, or cause to be removed, accumulations
of any dirt, ashes, rubbish, tin cans, garbage, or other debris as
aforesaid, the Borough of Avalon shall give five days' notice to said
owner, lessee or occupant to remove the same, and in the event said
owner, lessee or occupant fails to remove the same, the Borough Manager
shall remove said accumulations at the expense of said owner, lessee
or occupant. Such expense, together with costs, shall be recovered
by the Borough of Avalon in addition to any other penalties provided
by this chapter.
No person shall throw, sweep or deposit in any manner onto any
sidewalk, public thoroughfare, or other public place, or onto the
private premises of another, or into gutters or sewers, any dirt,
ashes, rubbish, tin cans, garbage, or other debris of any kind.
[Amended 9-21-1993 by Ord. No. 1208; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The provisions of this chapter shall be administered by the
Borough Manager or the Avalon Borough Police Department. Any person
who violates or permits a violation of this chapter shall, upon being
found liable therefor, pay a fine of not less than $50 nor more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Allegheny County.
Any ordinance or part of ordinance inconsistent or conflicting
with the provisions of this chapter be and the same is hereby repealed;
provided, however, that nothing herein contained in this chapter shall
be construed so as to affect regulating and removal of the collection
of garbage and rubbish within the Borough of Avalon.