[HISTORY: Adopted by the Borough Council
of the Borough of Kane 6-12-1995 by Ord. No. A-908. Amendments noted
where applicable.]
GENERAL REFERENCES
Animals — See Ch. 78.
Brush, grass and weeds — See Ch. 90.
Dangerous buildings — See Ch. 98.
Outdoor burning — See Ch. 106.
Disorderly conduct and loitering — See Ch. 125.
Junkyards — See Ch. 156.
Littering — See Ch. 164.
Property maintenance — See Ch. 192.
Vehicles and traffic — See Ch. 242.
The word "nuisance," as used in this chapter,
shall mean any use of property within the borough, or any condition
upon 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 location
of the use or condition and the nature and condition of the surrounding
neighborhood. Specifically, the word "nuisance" shall include, but
not be limited to, the following:
A.
The accumulation or storage of junked, abandoned discarded
vehicles, trailers, boats, appliances or household furnishings or
parts thereof.
B.
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.
C.
Keeping or harboring any dog 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.
D.
The maintenance of any structure, equipment or device
or accumulated debris and materials in such a condition as to allow
the same to harbor dangerous rodents or other vermin.
E.
The storage, accumulation or depositing of any abandoned
or used building material of any kind.
F.
The appearance of any sewage, toilet, kitchen and
laundry wastes on the surface of the ground or in or reaching to any
creeks, streams or bodies of water or sources of water supply.
G.
The conducting of any noxious or offensive manufacture,
business or other activity by reason of odor, dust, fumes, smoke,
gas, vibration, illumination or noise.
H.
The burning of garbage, vegetable waste, rubber, plastics,
furniture, glass, metals, crocking, car products or any other materials
which will create nauseous or noxious fumes, smoke, toxic chemicals
or excessive fly ash.
I.
Creating smoke to such an extent that the smoke is
an annoyance or discomfort to persons beyond the boundaries of that
property.
J.
Creating or maintaining "attractive nuisances," which
is the leaving of dangerous instrumentality which by its character
is dangerous and attractive to children and in a place frequented
by children.
K.
The failure to take steps and perform maintenance
to buildings or structures to ensure the property is safe, sound,
sanitary and secure and does not present a health or safety hazard
to surrounding properties or to the general populace.
As used in this chapter the following words
or phrases shall have the meaning ascribed to them in this section:
Any item resting for 48 hours or more and which is inoperable
or any item which meets one or more of the following criteria:
[Amended 11-14-2018 by Ord. No. A-1045]
A stove, refrigerator, television, furnace, water heater,
water softener, washer, dryer or mangle, household articles used to
perform any of the necessary work in a household, and articles used
in business to increase production or to speed, ease or eliminate
work.
Any vessel capable of transporting a person on any river,
stream, creek, lake or ocean.
Any item resting for 96 hours or more with no known or apparent
owner.
Includes all items normally found and used in a home.
Items sold or to be sold for scrap, being stripped or being
used or sold for parts.
A natural person, the members of an unincorporated association,
all the partners of a partnership and the officers and Board of Directors
of a corporation.
A wheeled device used as a means of carrying, hauling or
conveying any vehicle, person, animal, object or boat.
An automobile, motorcycle, minibike bicycle, go-cart, truck
or other wheeled means or conveyance, motorized or self-propelled.
If, the Council of the Borough of Kane determines that any person, partnership, association or corporation is carrying on any the above prohibited activities, so as to constitute a nuisance in entity in default, thereupon Council shall collect the cost and expense of the abatement or removal from the person or other entity who created, continued, caused or maintained the nuisance and/or permitted it to exist, that person or entity having failed, neglected or refused to remove or abate the nuisance, with an additional amount of 10%, in the manner provided for the collection of municipal claims, or by an action in assumpsit. Provided that the cost and expense may be in addition to any penalty imposed under § 179-3 of this chapter.
All prosecutions of this chapter shall be brought
in the name of the Borough of Kane before any District Magistrate
and shall be commenced by information and warrant, citation or complaint
and summons and shall be directed to and be served by a Constable
or other proper person. Warrants shall be returnable forthwith and,
upon such return, like proceedings shall be had as in case of summary
convictions.
Upon failure to abate or remove a nuisance as
determined hereinabove within the time prescribed, summary proceedings
may be instituted against any violator of the within chapter who,
upon conviction thereof, shall 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. Each day that
violation of this chapter continues shall constitute a separate offense.
This chapter shall not be construed to be the
sole means for abatement of nuisances within the borough, and nothing
shall preclude any person from proceeding individually or with other
injured persons to effect the abatement of a private nuisance. Furthermore,
in the exercise of the powers conferred in this chapter, the borough
may institute proceedings in equity.
All fines levied, assessed and paid under the
terms of this chapter shall be payable by the District Justice or
such other judicial officer to the Borough of Kane for the general
use of the borough or as otherwise provided by law.
A.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this chapter, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
Owner for the purpose of this chapter when the lessor holds
the lessee responsible for maintenance and repairs.
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets or highways,
and including trailers or semi-trailers pulled thereby.
Any condition, structure or improvement which shall constitute
a danger or potential danger to the health, safety or welfare of the
citizens of the borough.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association
or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
B.
In this chapter, the singular shall include the plural;
the plural shall include the singular; and the masculine shall include
the feminine and the neuter.
It shall be unlawful for any person, owner or
lessee to maintain a motor vehicle nuisance upon the open private
grounds of such person, owner or lessee within the borough. A motor
vehicle nuisance shall include any motor vehicle which is unable to
move under its own power and has any of the following physical defects:
A.
Broken windshields, mirrors or other glass, with sharp
edges.
B.
One or more flat or open tires or tubes which could
permit vermin harborage.
C.
Missing doors, windows, hood, trunk or other body
parts which could permit animal harborage.
D.
Any body parts with sharp edges including holes resulting
from rust.
E.
Missing tires resulting in unsafe suspension of the
motor vehicle.
F.
Upholstery which is torn or open which could permit
animal and/or vermin harborage.
G.
Broken head lamps or tail lamps with sharp edges.
H.
Disassembled chassis parts apart from the motor vehicle
stored in a disorderly fashion or loose in or on the vehicle.
I.
Broken vehicle frame suspended from the ground in
an unstable manner.
J.
Leaking or damaged oil pan or gas tank which could
cause fire or explosion.
K.
Exposed battery containing acid.
L.
Inoperable locking mechanism for doors or trunk.
M.
Open or damaged floor boards including trunk and fire
wall.
N.
Damaged bumpers pulled away from the perimeter of
vehicle.
O.
Broken grill with protruding edges.
P.
Loose or damaged metal trim and clips.
Q.
Broken communication equipment antennae.
R.
Suspended on unstable supports.
S.
Such other defects which could threaten the health,
safety and welfare of the citizens of the borough.
A.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 179-9 above may store such vehicle(s) only in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply for a permit for either temporary or permanent storage and pay a fee to the borough in an amount as established, from time to time, by resolution of Borough Council . The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within a opaque fence at least six feet high which is locked at all times when unattended.
B.
With the special approval of the Borough Council motor
vehicle nuisances may also be stored outside in an area enclosed by
a chain link fence, at least six feet high, screened by shrubbery
around the perimeter to the height of the fence, with an unobstructed
gate capable of admitting fire or emergency equipment. Such gate shall
remain locked at all times when unattended. In addition, all gas and
oil or other flammable liquid shall be removed from the motor vehicle
and it shall be kept free of vermin infestation while being stored.
The total area of storage of motor vehicle nuisances may not exceed
600 square feet.
[Amended 7-11-2011 by Ord. No. A-1003]
A.
Borough
Council’s designee is authorized and empowered to inspect the
private property on which motor vehicles are stored to determine if
there is compliance with the provisions of this chapter. If noncompliance
with the provisions of this chapter constitutes a nuisance, or if
any condition, structure, or improvement poses a threat to the health,
safety or welfare of the public, he shall issue a written notice,
to be sent by United States mail, and if no response by regular mail
after 10 days said notice shall be sent via certified mail, upon the
owner of said premises, or if the owner’s whereabouts or identity
is unknown, by posting the notice conspicuously upon the offending
premises.
B.
Said notice
shall specify the condition or structure or improvement complained
of and shall require the owner to commence to remove or otherwise
rectify the condition or structure or improvement as set forth therein
within 10 days of mailing or posting of said notice, to fully comply
with the requirements of the notice within a reasonable time, and
to stay within compliance for a period of no less than 12 consecutive
months.
If the owner of grounds on which motor vehicles
are stored does not comply with the notice to abate the nuisance within
the time limit prescribed, the borough shall have the authority to
take measures to correct the condition and collect the cost of corrections,
plus 10% of all costs. The borough, in such event, and pursuant to
its statutory or otherwise authorized police powers, shall have the
right and power to enter upon the offending premises to accomplish
the foregoing.
All prosecutions of this chapter shall be brought
in the name of the Borough of Kane before any District Magistrate
and shall be commenced by information and warrant, citation, or complaint
and summons and shall be directed to and be served by a constable
or other proper person. Warrants shall be returnable forthwith and
upon such return like proceedings shall be had as in case of summary
convictions.
Any person who shall violate any provision of
this chapter 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 undergo imprisonment for a term not to
exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
The remedies provided herein for the enforcement
of this chapter, or any remedy provided by law, shall not be deemed
mutually exclusive; rather, they may be employed simultaneously or
consecutively, at the option of the Borough Council.
