[Ord. No. 253, 7/11/1983]
1.
Promote the general health, safety, morals, welfare and cleanliness
and the beauty, convenience, comfort and safety of and in the Borough
of Elizabethville.
2.
Prohibit the maintenance of any dangerous conditions, structures
or premises on public or private grounds.
3.
Prohibit the accumulation of garbage and rubbish.
4.
Prohibit the storage of abandoned or junked automobiles.
5.
Prohibit the keeping or harboring of any dogs or other animals or
fowl causing noise or odors disturbing a number of persons in the
community.
6.
Requiring the removal of any nuisance or dangerous structures by
the owner or occupier of such grounds.
7.
In default thereof, the Borough may cause the removal thereof, and
collect the costs thereof together with a penalty of 10% of such costs.
[Ord. No. 253, 7/11/1983]
1.
The word "nuisance," as used in this Part, shall mean any use of
property within the Borough, or any condition upon the property within
the Borough that, other than infrequently, 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,
in any case taking into consideration the surrounding neighborhood.
Specifically, the word "nuisance" shall include but shall not be limited
to the following:
A.
Loud playing of radios, television sets, amplifiers and other sound
devices so as to be heard beyond the premises from which the same
shall emanate.
B.
Keeping or harboring any dogs or other animal or fowl which, by frequent
howling or barking or other noise or odor shall annoy or disturb the
neighborhood or a number of persons.
C.
Maintaining or permitting the maintenance of any of the following
dangerous conditions, structures or premises:
(1)
Open wells or cisterns.
(2)
Open excavations.
(3)
Unfinished buildings, foundations or other structures.
(4)
Buildings or structures damaged or partially destroyed or in
a state of disrepair.
(5)
Dangerous placement or storage of vehicles.
(6)
Ponds or swimming pools not properly safeguarded.
(7)
Stagnant water in pools in which mosquitoes, flies or insects
multiply.
D.
Creating or maintaining "attractive nuisances," which is the leaving
of a dangerous property or instrumentality which by its character
is dangerous and attractive to children and in a place frequented
by children.
E.
A structure which is unfit for human occupancy or use whenever the
Borough Officer finds that it is unsafe, or because of the degree
in which it lacks maintenance or is in disrepair, is unsanitary, vermin,
rodent or rat infested; contains filth and contamination, or lacks
ventilation, illumination, sanitation or because of its condition
or location constitutes a hazard to its occupants or other persons
in the neighborhood.
[Ord. No. 253, 7/11/1983]
1.
PERSON
As used in this Part, the following terms shall have the meanings
indicated:
Any natural person, partnership, association, firm or corporation.
2.
In this Part, the singular shall include the plural, the plural shall
include the singular, and the masculine shall include the feminine
and the neuter.
[Ord. No. 253, 7/11/1983]
1.
It shall be unlawful for any person to create, continue, cause, maintain
or permit to exist any nuisance at any place within the Borough.
2.
Whenever the Borough Officer determines that there has been a violation
of this Part or has reasonable grounds to believe that a violation
has occurred, he may enter the premises or structure at reasonable
time or times for the purpose of making such inspection.
3.
Whenever the Borough determines or has reasonable grounds to believe
that there has been a violation of any provisions of this Part, or
of any regulation adopted pursuant hereto, such authority shall give
notice of such alleged violation by United States mail to the last
known address of the property owner and the tenant occupying the said
premises. Such notice shall be in writing, include a statement of
the reason for its issuance, allow a reasonable time for the performance
of any act it requires (usually 10 days) and be served upon the property
owner and tenant or the owner's agent as the case may require.
[Ord. No. 253, 7/11/1983; as amended by Ord. No. 288, 8/8/1994]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Every day that a violation of this Part continues shall constitute
a separate offense.
