[HISTORY: Adopted by the Board of Supervisors of East Hanover
Township 10-26-2009 by Ord. No.
2009-02. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "East Hanover
Township Nuisance Ordinance."
The Board of Supervisors recognizes and finds that 1) the accumulation
of garbage, refuse or rubbish; junk material; or junked motor vehicles
or 2) the maintaining of dangerous structures creates a hazard or
threat or potential threat to the health, safety or welfare of the
Township's citizens because such conditions provide a breeding area
for rodents and vermin; because such conditions provide an attractive
nuisance for children who are not aware of the dangers involved and
because such conditions diminish property values. The regulations
contained in this chapter are the minimum regulations required to
eliminate the foregoing undesirable conditions and protect the public
health, safety and welfare.
For the purpose of this chapter, the following terms, phrases,
words 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.
The Board of Supervisors of East Hanover Township, Lebanon
County.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
A lot, land, or structure, or part thereof, used primarily
for the collecting, storage, and sale of wastepaper, rags, scrap metal,
or discarded materials, or for the collecting, dismantling, storage,
and salvaging of machinery or vehicles not in running condition, and
for the sale of parts thereof.
A motor vehicle or trailer which is partially dismantled,
unused, unusable or wrecked and which cannot safely or legally be
operated on the streets, highways or waterways of this Township or
Commonwealth. Currently licensed, registered and inspected vehicles
shall not be included within this definition nor shall it include
vehicles kept by farm operators for parts or for use in connection
with their farming operations.
Any self-propelled land vehicle which can be used for towing
or transporting people or materials, including, but not limited to,
automobiles, trucks, buses, motor homes, motorized campers, motorcycles,
motor scooters, tractors, snowmobiles, dune buggies and other off-the-road
vehicles. For the purposes of this chapter, motor vehicle is also
defined to include motorized and nonmotorized watercraft.
Any part or parts of any motor vehicle.
The unreasonable, unwarrantable, or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person or resident in the legitimate
enjoyment of his reasonable rights of a person or property.
A person owning, leasing, occupying or having charge of any
premises within the Township.
Any natural person, firm, partnership, association, corporation,
or other legal entity of whatever kind.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Any real property not owned by the federal government, state,
county, school district or other political subdivisions.
The physical location or relocation of an item or items to
an authorized location.
The East Hanover Township, which is located within the confines
of Lebanon County, Pennsylvania.
Any wheeled device used as a means of carrying, hauling or
conveying any vehicle, person, animal, boat or other object.
Any storage except storage inside a building or in an area
completely surrounded by a solid fence of a height not less than the
height of the motor vehicle or trailer being sheltered.
Nuisances, including, but not limited to, the following are
hereby declared to be illegal:
A.
Storing or accumulating the following:
(1)
Garbage, refuse or rubbish.
(a)
Garbage. Wastes resulting from the handling, preparation, cooking
and consumption of food; wastes from the handling, storage and sale
of produce. It shall be unlawful to place or permit to remain anywhere
in the Township any garbage or other material subject to decay other
than leaves or grass, except in a tightly covered container; except
that a mulch heap is permitted, which is properly maintained for gardening
purposes and does not materially disturb or annoy persons of ordinary
sensibilities in the neighborhood. It shall be unlawful to any individual,
firm or corporation to store more than 14 days of garbage as defined
by this chapter which may pose a potential health and safety problems
to the community.
(b)
Refuse/rubbish. Combustible trash, including paper, cartons,
boxes, barrels, wood, excelsior, wood furniture, bedding; noncombustible
trash, including metals, tin cans, metal furniture, pieces of concrete,
glass, crockery, other mineral waste; street rubbish. Provided, refuse
shall not include earth and wastes from building operations, nor shall
it include leaves, cornstalks, stubble or other vegetable material
generated in the course of harvesting agricultural crops. It shall
be unlawful to cause or permit to accumulate any dust, ashes or trash
of such a material that it can be blown away by the wind anywhere
in the Township except in a covered container.
(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 for resale, that can
be seen from any public highway, road, street, avenue, lane or alley
which is maintained by the Township, or by the Commonwealth of Pennsylvania.
B.
Storing or accumulating abandoned or junked motor vehicles accessories
on any private property in unsheltered storage that can be seen from
any public highway, road, street, avenue, lane or alley which is maintained
by the Township or by the Commonwealth of Pennsylvania for a period
of more than 30 days following receipt of a notice requiring such
removal.
(1)
It shall further be unlawful for any person, after notification to
remove any junked motor vehicle or motor vehicle accessories constituting
a public nuisance hereunder from any private property has been given,
to move the same to any other private property upon which such storage
is not permitted or onto any public highway or other public property
for purposes of storage.
(2)
The prohibitions of § 118-4B hereof shall not apply to junked motor vehicle or motor vehicle accessories stored within an enclosed building or in an area completely surrounded by a solid fence of a height not less than the height of the motor vehicle or motor vehicle accessories being stored, or otherwise shielded from view from any public highway, road, street, avenue, lane or alley which is maintained by the Township, or by the Commonwealth of Pennsylvania and the prohibitions of § 118-4 hereof shall not apply to the premises of a business enterprise otherwise operated in a lawful place and manner when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers. Such business enterprises shall include auto repair and auto body shops, but shall not include tire, battery and accessory sales stores.
(3)
The prohibition of § 118-4B hereof shall likewise not be applicable to salvors holding a current certificate of authorization issued by the Department of Transportation of the Commonwealth of Pennsylvania or junkyards licensed or approved by the Township; provided, however, that such salvor or junkyard is otherwise operating in a lawful place and manner.
C.
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.
The Building Inspector or Code Enforcement Officer, on routine
inspection or upon receipt of a complaint, may enter onto an exterior
property area at reasonable times to investigate, subject to constitutional
restrictions on unreasonable searches and seizures, 1) the suspected
accumulation of garbage, refuse or rubbish; junk material; or junked
motor vehicles or motor vehicle accessories; or 2) the suspected maintaining
of dangerous structures. If entry is refused or not obtained, the
Building Inspector or Code Enforcement Officer is authorized to pursue
recourse as provided by law.
A.
Whenever a condition constituting a nuisance is permitted or maintained
the Board of Supervisors shall cause written notice to be served upon
the owner in one of the following manners:
(1)
By making personal delivery of the notice to the owners; or
(2)
By handing a copy of the notice at the residence of the owner to
an adult member of the family with which he resides, but if no adult
member of the family is found, then to an adult person in charge of
such residence; or
(3)
By fixing a copy of the notice to the door at the entrance of the
premises in violation; or
(4)
By mailing a copy of the notice to the last known address of the
owner by certified mail; or
(5)
By publishing a copy of the notice in a local newspaper of general
circulation within Lebanon 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.
B.
Such notice shall require the owner to commence action in accordance
with the terms thereof within 30 days and thereafter, to comply fully
with its terms with reasonable dispatch, with all material to be supplied
and work to be done at the owner's expense.
[Amended 10-30-2017 by Ord. No. 2017-01]
This chapter regulates building, housing, property, maintenance,
health, fire, public safety, air or noise pollution, and shall be
enforced pursuant to 53 P.S. § 66601(c.l).
A.
Enforcement thereof shall be by an action before a Magisterial District
Judge in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor
may assume charge of the prosecution without the consent of the District
Attorney as required under Pa.R.Crim.P. Rule 454(C) (relating to trial
and summary cases). The Board of Supervisors hereby set a criminal
fine in the minimum amount of $50 and with the maximum of $1,000 per
violation, and the costs of prosecution, and, in default of payment
of such fine and costs of prosecution, to undergo imprisonment of
not more than 10 days, provided, further, that each day's continuance
of a violation shall constitute a separate event. Alternatively, in
the sole discretion of the Township, enforcement may be by civil proceedings
pursuant to 53 P.S. § 66601(c.l) (1) in which case the civil
penalty shall be in an amount not to exceed $600 per violation, and
the recovery of reasonable attorneys' fees and costs associated with
the civil proceedings. Each day's continuance of a violation shall
constitute a separate event.
B.
The Board of Supervisors may direct the removal, repair, or alterations,
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 along with a 10% administration fee 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.
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, including the imposition of fines and the
recovery of reasonable attorneys' fees and costs associated with the
enforcement of this chapter.
The provisions of this chapter are severable, and if any section,
sentence, clause, part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this chapter.
It is hereby declared to be the intent of the Board of Supervisors
that this chapter would have been enacted if such illegal, invalid
or unconstitutional section, sentence, clause, part or provision had
not been included herein.
All other ordinances or parts of ordinances inconsistent herewith
are expressly repealed.
This chapter shall become effective five days after its enactment
by the Board of Supervisors of the East Hanover Township.
