[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.
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.
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.
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.
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:
A.
The storage, accumulation and depositing of any abandoned
or junked automobile or parts thereof.
B.
The storage, accumulation and depositing of garbage and
rubbish.
C.
The storage, accumulation and depositing of any abandoned
or used building materials of any kind.
D.
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.
E.
The conducting of any serious or offensive manufacture
or business by reason of odor, dust, fumes, smoke, gas, vibration, illumination
or noise.
F.
The maintenance of any dangerous structure, including
buildings or parts of buildings in a state of dilapidation or disrepair.
G.
The maintenance or causing of any loud or excessive noise
or sound.
H.
The maintenance of any unfenced excavation, open well,
cistern or swimming pool.
A.
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.
B.
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.
C.
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.
