[Adopted 6-4-2019 by Ord. No. 1811]
Council hereby ordains that lighting that exceeds the limitations and regulations set forth in this article is a public nuisance that adversely affects the health, safety and welfare of all individuals.
No person, entity or activity of any nature shall create either by direct or indirect methods any glare or lighting which is cast upon adjoining property, public roads, or private streets so as to be offensive and in excess of the limitations set forth in this article.
All lighting located on one property shall be directed and designed to illuminate only the property on which it is located. Such lighting shall be shielded to confine its illumination to the property on which the lighting fixtures are located so as to respect the sanctity and privacy of the property and roads of others. The illumination level from the lighting at the boundaries of the property on which the lighting is located shall not exceed the levels set forth in this article.
The illumination from lighting on a property shall not exceed one footcandle at all property boundaries. The one-footcandle illumination shall be measured horizontally at ground level and vertically at a five-foot height at all property lines. Such lighting fixtures shall be designed, installed and shielded so as to eliminate all direct, indirect or sky-reflected glare from one property being cast onto the property or roads of another.
The Borough of Green Tree Building Inspector, Code Enforcement Officer or their respective designee is hereby authorized to inspect and measure the illumination on any grounds on which exterior lighting exists to determine compliance with this article and whether a light nuisance exists.
A. 
If the Building Inspector, Code Enforcement Officer, or designee determines that a violation of this article exists, said individual shall issue a written notice to the owner of the premises deemed to be in violation.
B. 
The owner of the premises deemed to be in violation of this article shall be determined by reference to the real estate tax rolls maintained by the Borough of Green Tree.
C. 
In the event the Building Inspector, Code Enforcement Officer, or designee does not believe that a violation of this article exists, then any person who filed a complaint with the Borough alleging a violation exists, may at their sole cost and expense, secure the services of a qualified professional in lighting to inspect the limit of the lighting illumination at the boundaries of the property in violation and to issue a statement verified under oath that in the expert's professional opinion, a violation exists. Upon receipt of such verified statement of violation, the Borough may thereafter proceed to enforce a violation of this article as set forth in § 230-11A and B above. In the absence of such a verified statement, a notice of violation will not be issued.
A notice of violation of this article shall be:
A. 
Served on the owner of the premises in violation by registered or certified mail; or
B. 
Upon failure to locate the owner of the premises in violation, or upon failure of the said owner to accept service of the notice by registered or certified mail, the Borough may serve the notice of violation by posting the notice conspicuously on the premises in violation, and by mailing the notice by postage prepaid, first class U.S. mail to the address of the owner as set forth in the Borough's real estate tax rolls.
C. 
The notice of violation shall:
(1) 
Specify the condition of the premises that constitutes a nuisance and violation of this article.
(2) 
Require the owner or tenant in possession to remove or otherwise abate the nuisance within 10 days of the date of the notice.
(3) 
Advise the owner/tenant in possession that, upon failure to remove or abate the nuisance within the specified time, the Borough shall have the authority to correct the violation and to collect the cost of such correction plus 10% of all costs. In such event, and in the proper exercise of its police powers, the Borough shall have the right and power to enter upon the offending property to abate the nuisance and violation of this article.
The remedies provided herein for the enforcement of this article shall not be deemed mutually exclusive; rather, they may be used simultaneously or consecutively at the option of the Borough.
Any ordinance or part of an ordinance conflicting with this article is hereby repealed. In the event any portion of this article shall be found by a court of competent jurisdiction to be illegal or unenforceable, then this article shall be interpreted as if such illegal or unenforceable section had not been adopted as part of this article.