[Ord. 2000-7, 5/1/2000, § 1]
For purposes of this Part, the following phrases, word, 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.
NUISANCE
The unreasonable, unwarrantable, or unlawful use of public
private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person or resident in the legitimate
enjoyment of his or her reasonable rights of person property.
OWNER
A person owning, leasing, occupying, or having charge of
any premises within the Township.
PERSON
Any natural person, firm, partnership, association, corporation,
company, club, copartnership, society, or any organization of any
kind.
SHOPPING CART
Any push cart of the type or types which are commonly provided
by grocery stores, drugstores, department stores, home improvements
centers, or other retail mercantile establishments for the use of
the public in transporting commodities in stores and markets, and,
incidentally, from the stores to a place outside the store but on
the same property as the store.
TOWNSHIP
The Township of Stroud, which is located in Monroe County,
Pennsylvania.
VEGETATION
Any grass, weed or vegetation whatsoever, which is not edible
planted for some useful, legal or ornamental purposes.
[Ord. 2000-7, 5/1/2000, § 2]
1. Nuisances, including, but not limited to, the following are hereby
declared to be illegal and are prohibited:
A. Storing or accumulating the following:
(2)
Junk material, including, but not limited to, unused or abandoned
machinery, equipment or appliances, and all forms of waste and refuse
of any type of materials, including scrap metal, glass, industrial
waste and other salvageable materials, unless such items are held
for resale, in a manner such that they cannot be seen from any public
highway, road, street, avenue, lane or alley, stream, or public property,
which is maintained by the Township, or by the Commonwealth of Pennsylvania.
B. Storing or accumulating abandoned or junked motor vehicles that can
be seen from any public highway, road, street avenue, lane or alley,
stream, or public property, which is maintained by the Township, or
by the Commonwealth of Pennsylvania. All such vehicles must be moved
within 30 days, or, if at vehicle repair businesses, within 60 days.
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 registration.
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, wash stands, lavatories, water closets,
swimming pools, privies, or cesspools of any kind or nature whatsoever,
or 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, 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 dwellings situate upon property along any public highway,
road, street, avenue, lane or alley in the Township, into or upon
the cartway or traveled portion for said drainage by means of a drainage
ditch or otherwise.
F. Burning of tires or tar products.
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 any grass, weeds, noxious weeds, or any
vegetation whatsoever, not edible or planted for some useful, legal
or ornamental purpose, to conceal any rubbish, garbage, trash or any
other violation of this Part.
I. Permitting or allowing any well, cistern, or open pit to be or remain
uncovered.
J. 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.
K. 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.
L. The uncontrolled use of shopping carts, including but not limited
to the following:
(1)
Failure on the part of a store owner offering the use of shopping
carts as part of customer service to retrieve shopping carts that
have been taken off-site within 24 hours of being alerted to the presence
of the off-site shopping cart.
(2)
Failure on the part of a store owner offering the use of shopping
carts as a part of customer service to corral shopping carts at a
frequency sufficient to prevent the carts being taken off-site.
(3)
Failure on the part of a store owner offering the use of shopping
carts as a part of customer service to corral shopping carts at a
frequency sufficient to prevent a limitation in available parking
or a decrease in safe internal traffic circulation.
(4)
Removal of a shopping cart from the premises of any store without
the expressed written consent of the cart owner.
(5)
Failure of any real private property owner to return a shopping
cart left on that owner's property or failure to contact the
owner of the shopping cart and make the owner aware that a shopping
cart has been taken off-site.
M. Failing to remove snow from any sidewalk, right-of-way, driveway,
parking lot open to public use within 24 hours of the end of the most
recent snowfall.
N. Failure on the part of the owner, custodian or keeper of any dog
to curb constant barking of any such dog.
O. Allowing a dog to run at large at any time, either upon any of the
streets, roads, alleys or public grounds in the Township, or upon
the property of another than the owner, custodian or keeper of such
dog, unless accompanied by and under the immediate control of such
owner, custodian or keeper.
P. Storing or accumulating tires or other material suitable as breeding
habitat for mosquitoes outside for more than three days between the
months of March and October and for more than one week during any
other time of the year.
Q. Discharging stormwater or redirecting stormwater in a manner where
flooding, excessive wetness, erosion, or other damage occurs to an
adjacent property without that property owner's expressed written
approval.
R. Causing any noise not in compliance with the performance standards addressing noise in the Stroud Township Zoning Ordinance [Chapter
27].
S. Causing any vibration not in compliance with the performance standards addressing noise in the Stroud Township Zoning Ordinance [Chapter
27].
T. Causing glare not in compliance with the performance standards addressing glare in the Stroud Township Zoning Ordinance [Chapter
27] or directing any exterior light in a manner that it shines onto an adjacent property or into an adjacent building without the expressed written permission of the adjacent property owner.
U. Allowing trash dumpsters or waste containers to overflow or to be
kept or maintained without lids so as to prevent accidental fire or
malicious mischief.
[Ord. 2000-7, 5/1/2000, § 3]
1. Whenever a condition constituting a nuisance is created or maintained,
the Board of Supervisors 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 the person 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 Monroe County, Pennsylvania, 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 reasonable dispatch, with all material to be supplied and work to be done at the owner's expense; provided, however, if any provision of § 10-102, Subsection 1F, I or K 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. 2000-7, 5/1/2000, § 4; as amended by A.O.]
1. If the owner, after receiving due notice, refuses to comply with
the terms thereof:
A. The owner shall be guilty of a violation 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 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, and which claim shall be filed
against the owner of the subject premises in the manner allowed by
law for the filing of a municipal lien.
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.