[HISTORY: Adopted by the Board of Supervisors of the Township
of Polk 11-18-2019 by Ord. No. 2019-05.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 261,
Nuisances, which consisted of Art I, Standing Water, adopted 7-26-2004
by Ord. No. 2004-04.
This chapter shall be known and may be cited as the "Polk Township
Nuisance Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
The use of any parcel of land containing five or more acres
for economic gain in the raising of agricultural products or livestock.
It includes necessary structures within the limits of the parcel and
the storage of equipment necessary for production.
Any vehicle 25 years or older which has been restored to
good operating and roadworthy condition. (See definition of "good
operating and roadworthy condition.")
Residue from fire used for cooking and for heating buildings,
or from other burning.
A condition of property which may reasonably be construed
to be a source of danger to minors who may reside or otherwise be
on the premises, or who may, by reason of something which may be expected
to attract them, come to the premises.
An area where repairs, improvements and installation of parts
and accessories for motor vehicles and/or boats are conducted that
involves work that is more intense in character than work permitted
under the definition of "auto service station." An auto repair garage
shall include, but not be limited to, a use that involves any of the
following work: major mechanical or body work, straightening of body
parts, painting, welding or rebuilding of transmissions.
An area where gasoline is dispensed into motor vehicles.
Any structure having a roof supported by fully enclosed exterior
weight-bearing walls and intended for the shelter, housing or enclosure
of any individual, animal, process, equipment, services, goods or
materials of any kind or nature, including, but not limited to, dwellings,
dwelling units, mobile homes, garages, barns, stables, sheds, plants,
factories, warehouses and similar structures.
Any building, structure or property which has any or all
of the following defects:
Any structure which, exclusive of the foundation, shows damage
or deterioration of the supporting member or members, or damage or
deterioration of the nonsupporting enclosing or outside walls or coverings.
Any structure which has been damaged by fire, wind or other
causes so as to be dangerous to life, safety, or the general health
and welfare of the occupants or the public.
Any structure which is so damaged, dilapidated, decayed, unsafe,
unsanitary, vermin infested or which so utterly fails to provide the
amenities essential to decent living that it is unfit for human habitation,
or is likely to cause sickness or disease, so as to work injury to
the health, safety or general welfare of those living therein.
Any structure which has parts which are so inadequately attached
that they may fall and injure occupants, property or members of the
public.
Any structure used for a residential dwelling or human occupancy,
excluding accessory structures, which lacks illumination, ventilation
and/or sanitation facilities or because of another condition is unsafe,
unsanitary, or dangerous to the health, safety, or general welfare
of the occupants or the public.
Any building, structure or property which because of its location
or due to an accumulation of garbage or rubbish is unsanitary, or
otherwise dangerous, to the health or safety of the occupants or the
public.
Any building, structure or property which can be construed as
an attractive public nuisance.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living or sleeping by human occupants.
A violation which poses an imminent threat to the public
health, safety or welfare and which requires immediate action to eliminate
such imminent threat.
The individual(s), agency or firm appointed by the Polk Township
Board of Supervisors to enforce the provisions of this chapter.
To control and eradicate insects, rodents or other pests
by eliminating their harborage places, removing or making inaccessible
materials that may serve as their food, poisoning, spraying, fumigating,
trapping, or by any other recognized and legal pest elimination methods.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
A vehicle having both a current and valid registration and
current and valid inspection sticker as required by the motor vehicle
laws of the Commonwealth of Pennsylvania, or if lacking a registration
and/or inspection sticker, is in full and complete working order and
condition, but for not having said current registration and inspection
sticker could be safely and legally operated on a public roadway.
Registrations and inspections which have been expired for less than
60 days shall be considered current for the purposes of this definition.
Any scrap or abandoned man-made or man-processed material
or articles, such as the following types: metal, furniture, appliances,
motor vehicle parts, aircraft, glass, plastics, machinery, equipment,
containers and building materials.
Includes any vehicle or trailer, not in a good operating
and roadworthy condition, that meets any or all of the following conditions:
Cannot be moved under its own power, in regards to a vehicle
designed to move under its own power, other than a vehicle clearly
needing only minor repairs.
Cannot be towed, in regards to a trailer designed to be towed.
Has been demolished beyond repair.
Has been separated from its axles, engine, body or chassis.
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of junk as defined
by this chapter, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. Vehicle sales lots managed
by licensed vehicle dealers operated in accord with this chapter shall
not be considered junkyards. The following shall also be considered
junkyards:
The outside storage or deposit on a lot of three or more abandoned
or junked vehicles.
The outside storage or deposit on a lot of one or more mobile/manufactured
homes or campers which are in such a dilapidated/deteriorated state
so as not to be fit or safe or protected from the elements for the
purpose of storage of personal items or use as a workshop or other
similar use.
Any unreasonable, unwarrantable or unlawful course of conduct
or use of private or public property which causes or may cause injury,
damage, hurt, inconvenience, interference, or discomfort to others
in the legitimate use and enjoyment of their rights of person or property.
The person owning, leasing, renting, occupying or having
charge, care, custody or control of any premises in Polk Township.
Any unregistered vehicle used on a specific property for
plowing snow, hauling fire wood, moving goods or equipment, and other
similar property maintenance or operational activities. An on-site
utility vehicle shall not be considered junk.
Any items not contained in a building fully enclosed with
completed walls and roof.
The person who, alone or jointly or severally with others
is the owner of record of the premises as filed with the Monroe County
Recorder of Deeds. In the case where an owner is represented by an
agent, including but not limited to a manager, executor, executrix,
administrator, administratrix, or guardian of the estate of the owner,
such person thus representing the actual owner shall be bound to comply
with the provisions of this chapter and with rules and regulations
adopted pursuant thereto, to the same extent as if he were the owner.
An individual, trustee, executor, other fiduciary, corporation,
firm, partnership, association, organization or other legal entity.
A piece, parcel, lot or tract of land.
Includes, but is not limited to, waste such as paper, cardboard,
grass clippings, tree or shrub trimmings, wood, bedding, crockery,
construction waste, or similar waste materials.
Visibly shielded or obscured from any adjoining or neighboring
property, any public or private road right-of-way, or any other premises
which is accomplished by topography, fencing, berms, natural and planted
vegetation or other means approved by the Township.
The Township of Polk, Monroe County, Pennsylvania.
The Code of the Township of Polk, Monroe County, Pennsylvania.
Any motor vehicle or trailer that does not display a license
plate, process a current registration, and does not have a valid state
safety inspection sticker. This term shall not apply to vehicles (such
as licensed antique cars) for which state regulations do not require
an inspection sticker. The term also shall not include motor vehicles
displaying a license and inspection stickers that have each expired
less than 60 days prior to the first inspection and notice under this
chapter.
Any grass, weed, vegetable, crop, shrub, or other plant.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway or upon any land,
including, but not limited to, automobiles, trucks, vans, buses, utility
trailers, tractors, truck tractors, recreational vehicles, motor homes,
travel trailers, motorcycles, machinery, trailers, farm machinery
and implements, and other wheeled equipment; boats; and aircraft.
An establishment, operating in accord with the Township requirements,
engaged in the service and/or repair of vehicles, including, but not
limited to, auto body shops, repair garages, truck repair garages,
towing companies and agriculture equipment repair.
The presence, within or upon a premise, of any insects, rodents
or other pests which constitute a public nuisance.
GARBAGEAll animal and vegetable wastes subject to decay resulting from the handling, preparation, cooking and consumption of food.
HAZARDOUS WASTEAny waste or combination of wastes, which, because of quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illnesses, or pose a present or potential threat to humans and/or the environment.
INFECTIOUS WASTEWaste that is capable of producing an infectious disease because it contains pathogens of sufficient virulence and quantity so that exposure to the waste by a susceptible human host could result in an infectious disease. These wastes include blood and blood products, sharps and other items contaminated with blood, discarded biological products, human and animal by-products, etc.
MUNICIPAL WASTEHousehold wastes and commercial, agricultural, governmental, industrial and institutional wastes which have chemical and physical characteristics similar to household wastes.
RECYCLABLE MATERIALSThose materials which can be diverted, removed, or recovered from the waste stream to be used, reused, sold or recycled, whether or not they require subsequent separation and processing. Recyclable materials include but are not limited to paper, paper products, cardboard, plastics, bottles, cans, glass, metals, etc.
REGULATED WASTEAny waste material requiring special handling and/or disposal as specified by law. Regulated waste includes, but is not limited to, lead-acid batteries, yard waste, tires, major appliances, small appliances, mattresses, used oil, asbestos, contaminated soil, etc.
SOLID WASTEMunicipal wastes, garbage, refuse, and other discarded materials, including, but not limited to, solid and semisolid waste materials resulting from residential, commercial, institutional, industrial, and governmental activities.
This chapter is ordained and enacted under the authority granted
by §§ 1529 and 1601 of the Pennsylvania Second Class
Township Code, 53 P.S. §§ 66529 and 66601.
A.Â
State-protected agricultural operations. Nothing in this chapter
is intended to preclude the rights and protections of bona fide agricultural
operations afforded by the Pennsylvania Right to Farm Law, as amended;[1] the Pennsylvania Agricultural Area Security Law, as amended;[2] and other applicable state statutes.
It shall be the responsibility of the property owner of the
premises upon which any public nuisance, as described in this chapter,
is situated and/or occurring, jointly with the owner of any junk,
rubbish, structure, building or other item which constitutes such
public nuisance, to provide for the removal or abatement of any such
public nuisance and the remediation of any environmental problems
associated with the activity or property condition which constitutes
the public nuisance. Any owner of property upon which a public nuisance
is located or taking place, and/or any person who or which owns junk,
rubbish, structures or buildings which constitute a public nuisance,
and/or any person who or which owns or is engaged in conduct which
constitutes a public nuisance, shall be deemed to be in violation
of this chapter, and shall be subject to the penalties and remedies
prescribed herein.
The following are hereby declared to be public nuisances and
shall be removed, disposed of, or corrected as herein provided.
B.Â
Vehicles: the outside storage or deposit on a lot of three or more
junk and/or unregistered vehicles that are partly or fully visible
from an exterior lot line, dwelling and/or public street.
C.Â
Unsanitary or dangerous material. The accumulation of junk, garbage,
rubbish, food materials and/or consumer goods is prohibited. The storage
of garbage and/or biodegradable material is prohibited, other than
what is customarily generated on site and routinely awaiting pickup
not to exceed the time limit of 30 days.
D.Â
Dangerous premises: maintaining or causing to be maintained any dangerous
premises, including, but not limited to, abandoned or unoccupied dwellings
or buildings in a state of dilapidation or disrepair.
E.Â
Vegetation: permitting the growth of any vegetation which presents
a public safety hazard by limiting the vision or right-of-way of travelers
on any public road.
F.Â
Noise:
(1)Â
For any person to make, continue or cause to be made any unnecessary
or unusually loud noise which annoys, disturbs, injures or endangers
the comfort, health, safety or peace of others within and which can
be heard a distance of 150 feet from its source or such person's
property line between the hours of 9:00 p.m. and 7:00 a.m. or during
the daytime of three consecutive hours or more.
(2)Â
The following acts, and the causing thereof, are declared to be sound/noise
disturbances, and therefore in violation of this chapter:
(a)Â
Radios, television sets, musical instruments, and similar devices:
operating, using or playing of any radio, television, musical instrument,
sound/noise amplifier, automobile radio, automobile stereo, high-fidelity
equipment, or similar device which produces, reproduces, or amplifies
sound/noise to the extent that such use creates a sound/noise disturbance.
(b)Â
Yelling and shouting: engaging in loud or raucous yelling, hooting,
whistling, or singing.
(c)Â
Construction tools or equipment: operating or permitting the
operation of any tools or equipment used in construction operations,
drilling, or demolition work between the hours of 9:00 p.m. and 7:00
a.m., such that sound/noise creates a sound/noise disturbance across
a residential property line (boundary), except for emergency work.
(d)Â
Domestic power tools: operating or permitting the operation
of any mechanically powered saw, drill, sander, grinder, lawn/garden
tool, or similar device used outdoors between the hours of 9:00 p.m.
and 7:00 a.m. as to cause a sound/noise disturbance across a residential
property line (boundary), except in an emergency.
(e)Â
Vehicle, motorboat, or aircraft repairs and testing. No person
shall build, repair, rebuild, test, or otherwise work on any motorcycle,
automobile, or other motor vehicle, motorboat, or aircraft between
the hours of 9:00 p.m. and 7:00 a.m. in such a manner as to cause
a sound/noise disturbance across a property line.
(f)Â
Any and all other noises, from whatever source constituting
unnecessary or unusually loud noise as set forth above.
G.Â
Streets, sidewalks or other public places:
(1)Â
All obstructions caused or permitted on any street or sidewalk to
the danger or annoyance of the public, and all snow, stones, rubbish,
dirt, filth, slops, vegetable matter or other article thrown or placed
by any person on or in any street, sidewalk or other public place
which in any way may cause any injury to the public.
(2)Â
Placing a vehicle or other obstruction on or along any street of
the Township so as to interfere with vehicular or pedestrian traffic,
unless it should become necessary to drive or place the vehicle in
such position to load or unload materials, merchandise or furniture,
and then such vehicle shall only be permitted to remain for such lengths
of time as is necessary to load or unload the same.
H.Â
Drainage:
(1)Â
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,
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.
(2)Â
Throwing, spreading or depositing in any watercourse, drainageway,
channel or gutter, and permitting it to remain there, any stone, soil,
vegetation or any other material.
(3)Â
Any storage of junk shall be maintained a minimum distance of 100
feet from the center line of any waterway, and shall be kept out of
any drainage swale.
I.Â
Open excavations: 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.
J.Â
Advertisements; solicitations; signs:
(1)Â
For any person to distribute or throw upon doorsteps, into doorways,
vestibules, yards, enclosures or anywhere within the Township, samples
of merchandise of any character whatsoever; or for any person to distribute,
throw upon doorsteps, or into doorways or vestibules, place upon doorknobs
or fences, or cast into yards or anywhere else, handbills, advertising
and printed matter of any nature whatsoever without prior authorization
by the Township Board of Supervisors.
(2)Â
Signs: for any person to erect signs projecting across walkways,
rights-of-way or in places dangerous to life and limb.
(3)Â
For any person to post, paste or fasten any printed, painted or written
signs, show bill, placard, circular or advertisement of any description
whatsoever upon any tree, telephone or electric light pole within
the Township limits unless authorized by the Township Board of Supervisors.
In recognition of the need to allow limited storage of junk
or unregistered vehicles, or vehicles awaiting repair or insurance
coverage resolution at an active and bona fide auto repair garage
or auto service station, the standards in this section shall apply.
A.Â
Insurance; impoundment; awaiting repair. Not more than a combined
total of 12 junk vehicles, unregistered vehicles, vehicles stored
in anticipation of the resolution of insurance coverage, vehicles
impounded by the state police, or vehicles awaiting repair may be
stored outside a fully enclosed building except at a permitted junkyard
or exempted storage area. The owner of the establishment shall maintain
accurate and current records on the date of receipt, ownership, status
and disposition for all such vehicles on the premises, and the records
shall be open for inspection by the Township.
B.Â
Used tires and parts. Used tires and vehicle parts awaiting disposal
may be stored outdoors on the premises, provided such material is
screened. The amount of such stored material shall not exceed that
which would be accumulated from one month of normal operation. Any
tires or parts in which water can collect and serve as a breeding
area for mosquitos and other insects shall be covered by a roof.
Any dangerous premises are hereby declared to be a public nuisance,
and shall be repaired, improved, vacated or demolished as required
by this chapter. The following standards shall be followed in substance
by the enforcement officer in ordering repair, improvement, vacation
or demolition:
A.Â
Repair/improve. If the dangerous premises can reasonably be repaired
or improved so that it will no longer exist in violation of this chapter,
it shall be ordered to be repaired or improved.
B.Â
Vacate. If the dangerous premises is in such condition as to make
it dangerous to the health, safety or general welfare of its occupants
or the public, and is so placarded, it shall be ordered to be vacated
within such length of time, not exceeding 30 days, as is reasonable.
C.Â
Habitation. No premises which have been placarded as unfit for human
habitation shall again be used for human habitation until written
approval is secured from, and such placard is removed by, the enforcement
officer. The enforcement officer shall remove such placard whenever
the defect or defects upon which the placarding action was based have
been eliminated.
D.Â
Demolition. If a dangerous building is damaged or decayed, or deteriorated
50% or more from its original condition; if a dangerous building cannot
be repaired so that it will no longer exist in violation of the terms
of this chapter; or if a dangerous building is a fire hazard existing
or erected in violation of the terms of this chapter or any other
local or state regulations, it shall be ordered to be demolished.
E.Â
Disposal. All demolition waste shall be disposed of in accord with
the Township Code and all applicable state and federal regulations.
F.Â
Such premises shall at all times be maintained so as not to constitute
a nuisance or a menace to the health of the community or of residents
nearby or a place for the breeding of insects, rodents and vermin.
A.Â
Inspection. The enforcement officer and/or a certified engineer may
inspect any premises, building or structure to determine whether dangerous
premises exist.
B.Â
Action. Whenever an inspection discloses the presence of dangerous
premises, the enforcement officer and/or a representative designated
by the Board of Supervisors shall prepare a report detailing the conditions
and a recommendation as to whether or not the premises can be repaired,
improved, or demolished and removed. The officer, upon authorization
by the Board of Supervisors, shall issue a written notice to the owner
and/or occupant for the premises, along with a copy of the engineer's
report.
No person shall remove or deface the notice of a dangerous premises except as provided in § 261-7.
Whenever the enforcement officer finds that an emergency exists
which requires immediate action to protect the public health, he may,
without notice, issue an order reciting the existence of such an emergency
and requiring that such action be taken as is necessary to meet the
emergency. Notwithstanding the other provisions of this chapter, such
order shall be effective immediately. Any person to whom such order
is directed shall comply therewith immediately, but upon petition
to the enforcement officer, shall be afforded a hearing as soon as
possible in accord. After such hearing, depending upon the findings
as to whether the provisions of this chapter have been complied with,
the enforcement officer shall continue such order in effect, or modify
or revoke it. The costs of such emergency repair, improvement, vacation
or demolition of such dangerous building shall be collected in the
same manner as provided herein for other cases.
A.Â
Appointment; responsibility for enforcement. The Board of Supervisors
shall appoint an individual, agency or firm to serve as the enforcement
officer, who shall be responsible for enforcing the terms of this
chapter.
B.Â
Inspections; permission. The enforcement officer, and any other agent
so authorized by the Board of Supervisors, may inspect any premises
to determine whether any violations of this chapter exist. Prior to
entering upon any property to conduct an inspection, the enforcement
officer shall obtain the permission of the owner or occupant for the
same. If, after due diligence, the enforcement officer is unable to
obtain such permission, the enforcement officer shall have the authority
to conduct the necessary inspection in accord with this chapter and
the applicable laws of the commonwealth, and, if necessary, petition
a competent court with jurisdiction for a court order authorizing
the inspection. If, upon review of petition, a court orders the inspection,
the defendant named in the order shall reimburse the Board of Supervisors
for court costs and reasonable attorney fees. The enforcement officer
may, upon authorization of the Board of Supervisors, consult with
the Township Engineer or any other qualified person in making the
determination regarding a violation.
C.Â
Notice. Whenever an inspection discloses that a violation exists,
the enforcement officer shall, upon authorization by the Board of
Supervisors, issue a notice to the owner and/or occupant of the premises.
The notice shall:
(1)Â
Be in writing.
(2)Â
Include a statement of the reasons it is being issued.
(3)Â
State a reasonable time to rectify the conditions constituting the
violation, and may contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this chapter.
(5)Â
Inform the owner that should he fail to comply with the order or
request a hearing, the Township Supervisors will order the correction
of the violation, and, in accord with this chapter, will assess any
and all costs, expenses (including, but not limited to, Constable,
attorney, engineering and consulting fees), and penalties incurred
against the land on which the violation is located.
D.Â
Service of notice. Except in emergency cases, the notice shall be
sent by registered mail or by certificate of mailing, or personally
delivered to, the owner and/or the occupant of the premises. Where
the owner is absent from the Township, all notices shall be deemed
to be properly served upon the owner if:
(1)Â
A copy of the notice is served upon the owner personally; or
(2)Â
A copy of the notice is sent by registered mail or by certificate
of mailing to the last known address of the owner, regardless of receipt,
and is posted in a conspicuous place on or about the premises affected
by the notice; or
(3)Â
The owner is served with such notice by any other method authorized
under the laws of the commonwealth.
A.Â
Conduct of hearings. A Nuisance Hearing Board shall be appointed
by the Board of Supervisors. All hearings shall be conducted in accordance
with the Pennsylvania Local Agency Law, 42 Pa.C.S.A. § 551
et seq.
B.Â
Hearing request. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the Board, provided that such person shall file with the Board in writing a request for a hearing, setting forth a brief statement of the grounds therefor within 30 days after the day the notice was served in accord with § 261-11D. Upon receipt of such request, a time and place for such hearing shall be scheduled and advertised in accord with the Pennsylvania Sunshine Law.[1] At such hearing, the person requesting the hearing shall
be given an opportunity to be heard and to show cause why the public
nuisance(s) described in the notice should not be abated. The Board
shall commence the hearing not later than 60 days after the day on
which the request was received in the municipal office.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
C.Â
Board action. After such hearing, the Board shall, by written order, sustain the notice, modify the standards which are the subject of the notice and attach conditions, or withdraw the notice. If the Board sustains or modifies such notice, it shall be deemed to be an order. Any notice served by the enforcement officer pursuant to § 261-11D shall automatically become an order if a written request for a hearing along with the hearing fee is not filed with the Board within 30 days after such notice is served.
E.Â
Fee. The person requesting the hearing shall pay the fee for such
hearing as may be established by resolution of the Board of Supervisors.
A.Â
Failure to comply. Failure to comply with any provision of this chapter,
and/or failure to comply with an order to abate a nuisance, shall
be violations of this chapter and shall constitute a summary offense.
B.Â
Fine; imprisonment. Any person who has violated or permitted the
violation of any provisions of this chapter shall, upon judgment thereof
by any Magisterial District Judge, be sentenced to pay a fine of not
less than $100, nor more than $1,000 per day of violation, together
with the costs of suit, and/or shall be committed to the Monroe County
Prison for a period not exceeding 30 days. Each day of violation shall
constitute a separate offense for which a summary conviction may be
sought. All judgments, costs, interest and reasonable attorney fees
collected for the violation of this chapter shall be paid over to
the Township.
C.Â
Other remedies. In addition to the fines, judgments, and/or imprisonment
remedies set forth above, the Board of Supervisors reserves the right
to pursue independent and cumulative remedies at law or equity, including
a demand for reimbursement of all court costs and reasonable attorney
fees.
D.Â
Abatement by Township and recovery of costs. In addition, if the
owner or person in control of any dangerous premises, or act or condition
constituting a public nuisance or violation of this chapter, fails
to respond to a notice of violation directing the removal or abatement
of the public nuisance or correction of the violation within the time
limit prescribed by the notice, or fails to appeal to the Nuisance
Appeal Board, or fails to comply with the determination of the appeal
made by the Nuisance Appeal Board, the enforcement officer and/or
the Board of Supervisors shall be empowered to cause such work of
abatement to be commenced and/or completed by the Township, and the
cost and expense thereof with a penalty of 10%, plus expenses, Constable,
attorney, engineering and consulting fees and interest, shall be collected
from the owner of such premises, in the manner provided by law.
A.Â
Township not to be held liable. Polk Township, and its agents, officials
and representatives, shall not under any circumstances be liable or
legally responsible for activities or conditions which constitute
a public nuisance under the terms of this chapter. Any liability or
damages resulting from activities or conditions constituting a public
nuisance are the sole responsibility of the owner of the property,
or the person or persons responsible for said activity or condition.
The failure to enforce the terms of this chapter shall not constitute
a cause of action against Polk Township or its agents, officials or
representatives.
A.Â
This chapter shall be effective January 1, 2020.
