As used in this article, the following terms shall have the
meanings indicated:
BUILDING
A roofed, covered, or open structure, enclosed by one or
more walls for the shelter, housing, storage or enclosure of persons,
goods, materials, documents, vehicles, implements, equipment or animals.
COURT
An open and unoccupied space, on a lot, that is enclosed
on at least three sides by the walls of a building or contained within
a fenced structure.
ENFORCEMENT OFFICER
The official, or any duly authorized representative of Clinton
Township, who is charged by the Supervisors with the administration,
authority, oversight and enforcement of this article. This person
can be a Supervisor, employee of the Township, or an outside agency
or individual under contract with the Township.
EXTENDED PERIODS
Long periods of time that a condition occurs with minimal
or no breaks in the noted condition.
FARM OR AGRICULTURAL ACTIVITY
A.
Any activity directly related to the production or processing
of crops, dairy products, poultry, or livestock for initial commercial
sale or as a principal means of personal subsistence.
B.
The activities, practices, equipment and procedures that farmers
adopt, use or engage in the production and preparation for market
of poultry, livestock and their products and in the production, harvesting
and preparation for market or use of agricultural, agronomic, horticultural,
silvicultural and aquacultural crops and commodities and is:
(1)
Not less than 10 contiguous acres in area; or
(2)
Less than 10 contiguous acres in area but has an anticipated
yearly gross income of at least $10,000.
C.
The term includes new activities, practices, equipment and procedures
consistent with technological development within the agricultural
industry. Use of equipment shall include machinery designed and used
for agricultural operations, including, but not limited to, crop dryers,
feed grinders, saw mills, hammer mills, refrigeration equipment, bins
and related equipment used to store or prepare crops for marketing
and those items of agricultural equipment and machinery defined by
the Act of December 12, 1994 (P.L. 944, No. 134), known as the "Farm
Safety and Occupational Health Act." Custom work shall be considered a normal farming practice.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food as well as
in the handling and management of deceased animals.
INFESTATION
The presence of an extraordinary number of (as deemed by
observation and reasonableness) insects, rodents, vermin and/or other
pests.
LESSEE
Owner, for the purpose of this article, when the lessor holds
the lessee responsible for maintenance and repairs.
LOT
Plot, tracts, premises or parcels of land with or without
buildings, courts or improvements thereto.
MOTOR VEHICLE
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets, highways
and off-road trails. This includes trailers or semi-trailers pulled
thereby as well as motorcycles and ATVs.
NUISANCE
Any condition, activity, structure or improvement which shall
constitute a danger, either real or perceived, to the health, safety
or welfare of the citizens of the Township, or have a detrimental
impact on the value of surrounding properties.
OWNER
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance of inheritance or otherwise,
is vested with the title to a lot and/or improvements thereto or who
retains the exclusive control of such a lot and/or improvements thereto
in his capacity as a legal representative, such as an administrator,
trustee, executor, etc.
PERSON
A natural person, firm, partnership, association, corporation
or other legal entity.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
UNOCCUPIED HAZARD
Any building, or part thereof, or man-made structure which
remains unoccupied for a period of more than six months with either
doors, windows or other openings broken, removed, boarded or sealed
up or any building under construction upon which little or no construction
work has been performed for a period of more than six months.
VEHICLE SALVAGE
A vehicle damaged beyond its repair value or when a vehicle
is written off as a total loss by the insurer, whether by damage or
theft. This also includes vehicles not capable of being operated or
driven on their own.
YARD
Any open space on the same lot with or without a building
and, for the most part, being unobstructed from the ground up.
No property owner, lessor or tenant shall permit or cause:
A. Fences and/or minor structures to be constructed and maintained so
as to present a safety or health hazard or financial burden to other
persons and/or property;
B. The development or accumulation of refuse, vehicle salvage, garbage,
hazards, kitchen waste compost, rodent harborage and/or infestation
upon yards, courts, or lots;
C. Garbage and refuse materials to accumulate and to be blown about
the surrounding neighboring properties;
D. Wells, cesspools, pits, deep mines and/or cisterns to remain open
without adequate fencing or barricades to prevent access thereto by
the general public;
E. The accumulation of uncut grass and weeds, rising above the height
of two feet, heavy undergrowth and/or vegetation which would impair
the health and/or safety of the neighborhood;
F. The growth of trees, plants or shrubbery or any portion thereof on
the subject property that constitute a safety hazard to pedestrian
and/or vehicular traffic.
Exception: Nothing contained herein, however, shall require
the cutting of grass, weeds or other vegetation growing in areas which
customarily and historically have contained brush and dense foliage,
or which remain undeveloped and are not proximate or contiguous to
developed areas; nor shall any such grass, weeds or other vegetation
be required to be cut or maintained where such cutting or maintaining
would impose a hardship on the property owner because of the presence
of extreme slope grades, crevasses, or the existence of areas which
are unable to be reasonably cleared.
If the owner/occupant does not comply with the notice to abate
the nuisance within the time limit prescribed, the Township of Clinton
shall have the authority to take measures to correct the conditions
and collect the cost of such corrections plus 10% of all costs. The
Township, in such event and pursuant to its statutory or otherwise
authorized powers, shall have the right and power to enter upon the
offending premises to accomplish the foregoing nuisance mitigation
efforts.
An occupant of any premises shall be responsible for compliance
with the provisions of this article with respect to the maintenance
of that part of the premises which he occupies and/or controls in
a safe, sound and/or sanitary condition pursuant to the terms of the
contract/agreement under which he exercises occupancy and/or control
thereof.
The Township, its enforcement officer, or its designated agent,
in addition to any other power set forth herein, is/are hereby empowered
as follows with the appropriate warrant obtained by the County District
Attorney:
A. To cause entry onto premises and/or property for the purpose of taking
remedial measures to secure the safety of the public or otherwise
abate an imminent health and safety hazard. No entry shall be permitted
unless the enforcement officer sends written notice to the owner of
record and has obtained the proper warrant from the County District
Attorney, except in the case of emergency, in which case the enforcement
officer may take appropriate action without notice after notifying
the Pennsylvania State Police and County District Attorney. Every
effort shall be made to contact the owner and enter onto the premises
in the presence of the owner.
B. Upon probable cause, to cause entry onto premises and/or property located within the Township with the appropriate warrant from the County District Attorney for the purpose of ascertaining the existence of violations in accordance with the provisions of this article. Where no imminent health and safety hazard or emergency exists as anticipated by Subsection
A, above, the enforcement officer shall utilize good faith efforts to make prior arrangements with the owner or his agent to secure access to the premises and/or property with the appropriate warrant from the County District Attorney.
Any person who shall violate any provisions of this article
shall, upon conviction thereof, be sentenced to pay a fine up to $500
plus legal costs of prosecution and attorney fees and costs, subject
to revision by the Board of Supervisors from time to time. Each day
that a violation of this article continues shall constitute a separate
offense.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
article.
The remedies provided herein for the enforcement of this article,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively at the
sole option of the Township.
The provisions of this article shall supplement local laws,
ordinances or regulations existing in Clinton Township or those of
the Commonwealth of Pennsylvania. Where a provision of this article
is found to be in conflict with any provision of a local law, ordinance,
code or regulation of those of the Commonwealth of Pennsylvania, the
provision which is more restrictive or which establishes the higher
standard shall prevail.
Any person, firm or corporation violating any of the provisions
of this article shall be deemed guilty of a summary offense and upon
conviction thereof shall be fined an amount up to $500. Each day a
violation is committed or is permitted to continue shall constitute
a separate offense and shall be punishable as same.