[HISTORY: Adopted by the Borough Council of the Borough of
Adamstown 9-1-1987 by Ord. No.
219 (Ch. 10, Part 1, of the 1990 Code of Ordinances).
Amendments noted where applicable.]
[Amended 7-11-1989 by Ord. No. 235]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any individual, association, public or private corporation
for-profit or not-for-profit, partnership, firm, trust, estate, or
any other legal entity whatsoever which is recognized by law as the
subject of rights and duties. Whenever used in any clause prescribing
and imposing a penalty or fine, the term "person" shall include the
members of an association, partnership or firm and the officers of
any public or private corporation for-profit or not-for-profit.
[Amended 7-11-1989 by Ord. No. 235]
No person shall continue, maintain, cause, permit, establish
or carry on any of the following prohibited acts or activities on
any public or private property in the Borough of Adamstown, Berks
County and Lancaster County, Pennsylvania (the "Borough") if the same
are determined to be and constitute nuisances in fact:
A.
The storage, accumulation or depositing of any abandoned or junked
vehicles or parts thereof;
B.
The storage, accumulation or depositing of any abandoned or used
building materials of any kind;
C.
The storage, accumulation or depositing of garbage, ashes, rubbish
or other refuse matters;
D.
The maintenance of any dangerous structure, including buildings or
parts of buildings in a state of dilapidation or disrepair;
E.
The obstruction or creation of a dangerous condition on any Borough
street or right-of-way;
F.
The filling up or stopping of any Borough swale or drainage ditch;
G.
The discharge of sewage to the surface of the ground or to any watercourse;
or
H.
Any use of land or a structure which is unreasonable or unlawful
and causes injury, damage or substantial discomfort to the residents
of the Borough in the legitimate enjoyment of their reasonable rights.
The Secretary of the Borough shall serve written notice, either
personally or by certified or first class mail, on any person violating
the provisions of this chapter to remove any nuisance or dangerous
structure on public or private property. Upon the failure of the person
to comply with such notice within 15 days after receipt thereof or
to request a hearing within such time before the Borough Council pursuant
to the Act of April 28, 1978, P.L. 202, No. 53, § 5, 2 Pa.C.S.A.
§ 551 et seq., known as the "Local Agency Law," the Borough
Council may remove or arrange for the removal of the nuisance or dangerous
structure and collect the cost of such removal together with a penalty
of 25% of the cost of the removal from the person failing to comply
with such notice by summary proceedings or in the manner provided
for the collection of municipal claims or by a civil action without
the filing of a municipal claim. The Borough Council may also institute
proceedings in equity to enjoin violations of this chapter.
[Amended 10-2-1990 by Ord. No. 244]
Any person who or which shall violate any of the provisions of this chapter shall, upon conviction thereof by proceeding before any Magisterial District Judge having jurisdiction, be sentenced to pay a fine of not more than $1,000. If a defendant, sentenced to pay a fine or costs after a finding of guilt in a case, defaults in such payments, the defendant may be sentenced and committed to the Lancaster County Prison for a period not to exceed 30 days. Such fine and costs shall be in addition to the remedies provided in § 181-3 of this chapter and shall be enforceable and recoverable in the manner provided by applicable law. All fines collected for the violation of this chapter shall be paid to the Treasurer of the Borough for the general use of the Borough.
