[Added 1-16-2018 by Ord. No. 1327, approved 1-16-2018]
A.
DISCARDED
INDOOR FURNITURE
JUNK
NUISANCE
(1)
(2)
(3)
UNSHELTERED STORAGE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Any item resting for 96 hours or more with no known or apparent
owner.
Shall include all items normally found and used in a home.
Any material or article, and shall include, but not be limited
to, scrap metal, scrapped, abandoned or junked motor vehicles, machinery,
equipment, paper, rugs, glass, containers, wood lumber, pallets and
deteriorated ancillary structures, which is not properly housed or
stored under this article and for which there is no permit or license
for its use.
Any use of property within the Borough or any condition upon
property within the Borough, other than infrequently, which causes
or results in:
Annoyance or discomfort to persons beyond the boundaries of
that property;
Interference with the health and/or safety of persons beyond
the boundaries of that property or of persons who might reasonably
be expected to enter upon or be in that property; and/or
Disturbance to or interference with the peaceful use of the
property of others within the Borough or any case taking into consideration
the location of the use or condition and the nature and condition
of the surrounding neighborhood.
Storage of any items that are not in a fully enclosed permanent
structure.
B.
Unsheltered storage of unused or unusable personal property a nuisance.
Unsheltered storage of any junk, indoor furniture, or discarded items,
which hereinafter is collectively described as "said personalty,"
for a period of 20 days or more (except for licensed or permitted
uses) within the corporate limits of this Borough is hereby declared
to be a nuisance and dangerous to the public safety.
C.
Use or storage of indoor furniture. The use, keeping of storage of
any indoor furniture shall be prohibited in any yard or any unenclosed
porch.
The owner, owners, tenants, lessees and/or occupants of any
lot within the corporate limits of this Borough upon which such storage
is made, and also the owner, owners, and/or lessees of said personalty
involved in such storage (all of whom are hereinafter referred to
collectively as "owners"), shall jointly and severally abate said
nuisance by the prompt removal of said personalty into completely
enclosed buildings authorized to be used for such storage purposes
if within the corporate limits of the Borough or otherwise to remove
it to a location without said corporate limits.
A.
Any person, firm or corporation who shall violate any provision of this Article III shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, together with costs of prosecution, or to imprisonment for a term not to exceed 30 days.
B.
Notice and payment of violation. Upon the discovery of any violation
under the terms of this articles, the municipality shall, through
its authorized agents, give notice to the owner of a violation hereunder,
either by personal delivery to such owner, by United States mail directed
to the last known address of such person or persons, as shown in the
real estate registry records of the municipality, or by leaving the
same on the premises where such violation occurs.
C.
If such person shall, within seven days after the delivery, mailing or leaving of such notice, pay to the Treasurer of the municipality the sum of $25 for the violation, the same will constitute full satisfaction for the violation noted in said notice. If two or more violations are issued for the same property during a calendar year, the second and subsequent violations' payment shall increase an additional $25 per subsequent violation to a maximum of $300. The failure of such person to make payment, as aforesaid, within seven days, shall render such owner subject to the penalties as provided hereinabove; provided that each day on which a violation shall exist or continue to exist, after notice from the Zoning Officer provided in Subsection B of this section, shall constitute a separate offense.
D.
This article shall not be construed to be the sole means for abatement
of nuisances within the Borough, and nothing shall preclude any person
from proceeding individually or with other injured persons to effect
the abatement of a private nuisance.
