[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
This chapter shall be known as the "Mount Oliver Borough Nuisance Ordinance."
The purpose of this chapter is to promote the health, safety and general welfare of the inhabitants of Mount Oliver Borough.
The following words and phrases used in this chapter shall have the following definitions:
- The keeping of any animal or animals in such a manner as to cause loud noise or offensive odors or to attract vermin or to disturb the peace and tranquillity of the neighborhood.
- DANGEROUS STRUCTURE
- Any building or structure which is dangerous and unsafe for human occupancy, constitutes a fire hazard, endangers surrounding buildings, shelters rats or other vermin or endangers the safety of children playing thereabouts.
- DISABLED VEHICLE
- Any motorized device in, upon or by which any person or property is or may be transported or drawn upon a public highway, including trailers and semitrailers designated for use with such vehicles, and which is required to be registered by the Pennsylvania Vehicle Code, and from which the wheels or engine have been removed or which is not in operating condition or which does not have a current registration plate and safety sticker attached, and which has been stored or kept outside of an enclosed building for a period in excess of ten (10) days.
- EXCESSIVE OR LOUD NOISE
- Any noise or sound of such intensity as to cause to any group of persons of normal sensibilities on premises other than the premises wherein the noise is created, or upon any public highway or road within the borough, severe annoyance and discomfort or is of such intensity as to prohibit or seriously interfere with normal conversation between persons, where such noise is of a continuous nature or of a continuous duration of time in excess of five (5) minutes, or any such noise that occurs for any period of time more than three (3) times within any twenty-four-hour period.
- Animal, vegetable and organic waste from the handling, preparation, cooking and consumption of food.
- JUNKED VEHICLE
- Any motor vehicle which has been stripped, damaged or is in such a state of disrepair that it has no value except for junk or salvage, and repair would be impractical, and which is stored or kept outside of an enclosed building.
- All waste, refuse and discarded materials having only a junk or salvage value, including but not limited to ashes, abandoned refrigerators, hot-water heaters and tanks, furnaces, appliances and other scrap metal and lumber and building materials.
No person, partnership, association or corporation shall continue, maintain, establish or carry on any of the following prohibited acts or activities on any public or private property in Mount Oliver Borough if such act or activity is determined to be and constitutes a nuisance in fact:
The storage, accumulation and depositing of any abandoned or junked automobile or parts thereof.
The storage, accumulation and depositing of garbage and rubbish.
The storage, accumulation and depositing of any abandoned or used building materials of any kind.
The appearance of any sewage, toilet, kitchen and laundry waste on the surface of the ground or in reaching to any creeks, streams or bodies of water or sources of water supply.
The conducting of any serious or offensive manufacture or business by reason of odor, dust, fumes, smoke, gas, vibration, illumination or noise.
The maintenance of any dangerous structure, including buildings or parts of buildings in a state of dilapidation or disrepair.
The maintenance or causing of any loud or excessive noise or sound.
The maintenance of any unfenced excavation, open well, cistern or swimming pool.
If the Chief of Police of Mount Oliver Borough determines that any person, partnership, association or corporation is engaged in or carrying on any of the above prohibited activities so as to constitute a nuisance in fact within the borough, the Chief of Police shall cause written notice to be sent to the violator to voluntarily abate and remove the nuisance. If the violator has not abated or removed the nuisance within ten (10) days after the receipt of said written notice, the Chief of Police may initiate legal proceedings against such violator in the office of the District Justice.
Any person, partnership, association or corporation who or which shall violate any provision of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not exceeding one thousand dollars ($1,000.), or such person, the members of such partnership or the officers of such association or corporation may be sentenced to undergo imprisonment not exceeding thirty (30) days, or both. Each day that a violation is continued shall constitute a separate offense.
In addition to the above-stated penalties, the borough shall have the right to remove and abate any nuisance as herein defined after ten (10) days' written notice to the violator to abate and remove the nuisance, if such nuisance is not abated or removed by such violator within ten (10) days from such notice, and to collect the cost of such removal and abatement plus all legal costs and a penalty of ten percent (10%) by summary proceeding and/or by filing a municipal claim in the Civil Division of the Court of Common Pleas of Allegheny County, Pennsylvania.
Nothing contained in this chapter shall be construed so as to prevent the borough or any other person from pursuing any other remedies permitted in law or in equity for injunctive relief, damages, abatement of nuisances or other legal procedures for any violation of this chapter, or for the causing, creating or maintaining of any nuisance and/or by filing a municipal claim in the Civil Division of the Court of Common Pleas of Allegheny County, Pennsylvania.