[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.
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]
1.
Nuisances, including, but not limited to, the following are hereby
declared to be illegal:
A.
Storing or accumulating the following:
(1)
Garbage or rubbish.
(2)
Junk material including, but not limited to, unused or abandoned
machinery, equipment or appliances.
(3)
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Burning of garbage, tires, tar products or other hazardous materials
whether inside or outside of any structure.
G.
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.
H.
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.
I.
Permitting or allowing any well, cistern or other in-ground cavern
to be, or remain, uncovered and unprotected.
J.
Interfering with the flow of a stream, creek or other waterway by
means of a dam or other construction, unless authorized by law.
K.
Removing the embankment of a stream so as to alter the natural flow
of the stream.
L.
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.
M.
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.]
1.
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:
A.
By making personal delivery of the notice to the owner.
B.
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.
C.
By fixing a copy of the notice to the door at the entrance of the
premises in violation.
D.
By mailing a copy of the notice to the last known address of the
owner by certified mail.
E.
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.
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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.
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[Ord. 1992-6, 9/10/1992, § 4; as amended by A.O.]
1.
If the owner, after receiving due notice, refuses to comply with
the terms thereof:
A.
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.
B.
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.
C.
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.
