Part 1 NUISANCES
Part 2 HAZARDOUS INCIDENT CLEAN-UP COSTS
[Ord. 1992-6, 9/10/1992, § 1]
For the purpose of this Part, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory.
- BOARD OF SUPERVISORS
- The Board of Supervisors of Williams Township, Northampton County, Pennsylvania.
- The unreasonable, unwarrantable or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person or resident in the legitimate enjoyment of his reasonable rights of person or property, or that which is set up, maintained or continued so as to be injurious to the health or an obstruction to property by interfering with the repose, health, comfort, safety or life of any person or considerable number of persons; whatever is dangerous to human life or health; whatever renders the air or food or water or other drink unwholesome, and whatever cellar, erection, building or part thereof is unsafe, unsanitary, overcrowded or not provided with adequate means of ingress or egress, or is not sufficiently ventilated, sewered, drained, cleaned, lighted or supported either by its own construction or connection.
- A person owning, leasing, occupying or having charge of any premises within the Township.
- Any natural person, firm, partnership, association, corporation, company, club, copartnership, society or any organization of any kind.
- The Township of Williams, Northampton County, Pennsylvania.
- Any grass, weed or vegetation whatsoever, which is not edible or planted for some useful, legal, agricultural or ornamental purpose.
[Ord. 1992-6, 9/10/1992, § 2]
Nuisances, including, but not limited to, the following are hereby declared to be illegal:
Storing or accumulating the following:
Garbage or rubbish.
Junk material including, but not limited to, unused or abandoned machinery, equipment or appliances.
Other junk including, but not limited to, any and all forms of waste and refuse of any type of materials, including scrap metal, glass, industrial waste and other salvageable materials.
Storing or accumulating abandoned or junked motor vehicles outside of a fully enclosed building not in full and complete working order and without current registration plates or any automobile stored for resale as junk metal or any automobile outside of a fully enclosed building stores for selling parts therefrom.
Storing or accumulating more than three antique or collector motor vehicles for restoration which are neither sheltered by a building nor enclosed behind an evergreen or solid fence as permitted by applicable zoning ordinances; or storing or accumulating in an unorderly fashion three or less antique or collector motor vehicles for restoration.
Draining or flowing, or allowing to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies or cesspools of any kind or nature whatsoever, of any foul or offensive water or foul or offensive drainage of any kind, from property along any public highway, road, street, avenue, lane or alley in the Township into or upon any said highway, road street, avenue, lane or alley; or from any property into or upon any adjoining property.
Draining or flowing, or allowing to drain or flow, any water or drainage from within a dwelling situate upon property along a public highway, road, street, avenue, lane or alley in the Township into or upon the cartway or traveled portion of any said highway, road, street, avenue, lane or alley, except where provision has been made in said cartway or traveled portion for said drainage by means of a drainage ditch or otherwise.
Burning of garbage, tires, tar products or other hazardous materials whether inside or outside of any structure.
Maintaining, or causing to be maintained, any dangerous structure, including, but not limited to, abandoned or unoccupied buildings or parts of buildings in a state of dilapidation or disrepair.
Permitting the growth of vegetation beyond the following restrictions: permitting the growth of any grass, weeds, noxious weeds or any vegetation whatsoever, not edible or planted for some useful, legal, agricultural or ornamental purpose, in excess of a height of eight inches, or permitting any such grass, weeds or any vegetation to throw off any unpleasant or noxious odor, or to conceal any rubbish, garbage, trash or any other filthy deposit. Exception: the provisions of this subsection pertaining to the permissible height of vegetation within the Township shall not apply to any area which is utilized predominantly for agricultural purposes within the Township.
Permitting or allowing any well, cistern or other in-ground cavern to be, or remain, uncovered and unprotected.
Interfering with the flow of a stream, creek or other waterway by means of a dam or other construction, unless authorized by law.
Removing the embankment of a stream so as to alter the natural flow of the stream.
Pushing, shoveling or otherwise depositing snow upon the cartway or traveled portion of any public highway, road or street which is maintained by the Township or by the Commonwealth of Pennsylvania, and allowing same to remain thereon.
Allowing or permitting any excavation, material excavated or obstruction on or adjoining any highway, street or road, to remain opened or exposed without the same being secured by a barricade, temporary fence or other protective materials.
[Ord. 1992-6, 9/10/1992, § 3; as amended by A.O.]
Whenever a condition constituting a nuisance is permitted or maintained, the Board of Supervisors, by and through the Zoning Officer or Code Enforcement Officer, shall cause written notice to be served upon the owner in one of the following manners:
By making personal delivery of the notice to the owner.
By handing a copy of the notice at the residence of the owner to an adult member of the family with which he resides, but if no adult member of the family is found, then to an adult person in charge of such residence.
By fixing a copy of the notice to the door at the entrance of the premises in violation.
By mailing a copy of the notice to the last known address of the owner by certified mail.
By publishing a copy of the notice in a local newspaper of general circulation within Northampton County, once a week for three successive weeks. Such notice shall set forth in what respect such condition constitutes a nuisance, whether removal is necessary and required by the Township, or whether the situation can be corrected by repairs, alterations, or by fencing or boarding, or in some way confining and limiting the nuisance.
Such notice shall require the owner to commence action in accordance with the terms thereof within 20 days and thereafter, to comply fully with its terms with reasonable dispatch, with all material to be supplied and work to be done at the owner's expense; provided, however, if any of the provisions of § 10-102, Subsection 1F, I, L or M is violated, and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.
[Ord. 1992-6, 9/10/1992, § 4; as amended by A.O.]
If the owner, after receiving due notice, refuses to comply with the terms thereof:
Upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
The Board of Supervisors may direct the removal, repair or alteration, as the case may be, to be done by the Township and to certify the costs thereof to the Township Solicitor, the cost of such removal, repairs or alterations shall be a lien upon such premises from the time of such removal, cutting, repairs and alterations which date shall be determined by the certificate of the person doing such work, and filed with the Township Secretary.
The Township, by means of a complaint in equity, may compel the owner of the premises to comply with the terms of any notice of violation, or seek any such other relief as any such court of competent jurisdiction is empowered to afford.
[Ord. 1991-4, 6/13/1991, § 1.0]
The owner of petroleum and/or chemicals and/or hazardous materials and/or common carrier of any type whatsoever including a pipe line carrying said products, shall be liable to the Township, extinguish and/or clean-up petroleum type or chemical or hazardous material type spills and/or fires involving said chemicals or petroleum or hazardous materials in the Township.
The cost of labor shall be an hourly rate set by the Township Supervisors for time involved in the extinguishing of any such fire or in cleaning up any spill involving chemicals or petroleum or hazardous materials.
[Ord. 1991-4, 6/13/1991, § 2.0]
The owner of any petroleum or chemicals or hazardous materials and/or the common carrier of said petroleum or chemicals or hazardous materials including any pipe line as aforesaid, shall also be liable for the cost of any temporary storage of chemicals or petroleum or hazardous materials and/or the cost of disposing of same.
[Ord. 1991-4, 6/13/1991, § 3.0]
Bills for the amount of the above described costs shall be forwarded by the Fire Chief to the Township Secretary/Treasurer who shall bill the above-described liable party. If the payment is not made in full within 30 days from the date of mailing of said bill, the aforementioned Township Secretary/Treasurer shall turn the matter over to the Township Solicitor for collection litigation as is necessary.
[Ord. 1991-4, 6/13/1991, § 4.0; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $10 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 1991-4, 6/13/1991, § 5.0]
Imposition of the aforesaid fine and/or imprisonment, however, shall not relieve any responsible person or corporation hereunder from civil liability to the Township as provided herein.