[Adopted 1-13-1969 as Ch. 70, Art. IV, of the 1969 Code]
From and after the passage of this article, it shall be unlawful to place, erect, maintain, have, hold or occupy any obstruction of, on or in any street, lane, alley, sidewalk or highway within the limits of the Borough of Oakmont, Allegheny County, Pennsylvania. Any such obstruction, whether of a permanent nature, such as buildings, outbuildings, structures, fences and the like or such as may be temporarily placed thereon, except by authority of borough ordinance or of a permit granted under the provision thereof or with the consent of the Council of said borough, shall be and is hereby declared to be a common or public nuisance, and the same may be removed, torn down, taken away or abated as provided by law, as in the case of other common or public nuisances. Said borough or its proper officers may, at its or their option, after notice to the owner or owners or occupier of such obstruction or of the premises abutting on the line of the street, alley, sidewalk or highway affected thereby, as provided in § 173-20 hereof, on failure of such owner or occupier to remove such obstruction or nuisance, remove the same and collect the cost thereof with 20% penalty added as provided in said § 173-20 hereof.
Any structures, buildings, outbuildings, fences or portion of structures of buildings or poles, trees, limbs, logs, rubbish, garbage and the like, on and along the streets, lanes, alleys, sidewalks, public sewers or public squares within the limits of said borough, which by reason of old age, decay, neglect or for want of care or necessary repair shall be or become dangerous to or become a menace to or threaten the safety of the peaceful and lawful users of said streets, lanes, alleys, highways or public squares or public sewers or shall be detrimental to the health of the community shall be deemed and are hereby declared to be common or public nuisances and may be removed, taken down or abated according to law. Said borough may, at its option, remove or cause to be removed, taken down, carried away or abated, after notice to the owner or occupier and his failure to remove or abate, the same, in the manner and with all the rights as to collection of costs of abatement with 20% penalty added thereto as hereinafter provided in § 173-20 hereof.
Any such nuisance, obstruction or dangerous structure as set forth in the foregoing provisions may, at the instance of the Street Committee, Street Commissioner, Borough Engineer, Patrol and/or Code Enforcement personnel or the Board of Health, be removed by the borough after notice in writing to the owner or occupier thereof or the owner or occupier of the premises abutting on the line of the street, lane or highway whereon the same may be and failure of the owner or occupier to remove the same or abate such nuisance; or the borough may cause the same to be removed, cut down, carried away or abated and collect the cost thereof, together with a penalty of 20% of such cost added, by action in assumpsit or filing of lien, in the manner provided by the General Borough Act of the Commonwealth of Pennsylvania, approved the 14th day of May 1915, P.L. 312, more particularly Sections 8 and 9, Article I, Chapter 5 thereof, and the supplements and amendments thereto,[1] and the procedure therein provided or it may pursue any
other remedy as is now or may hereafter be provided by law in the
case of common or public nuisances.
[1]
Editor's Note: See the Borough Code, 53 P.S.
§ 45101 et seq.
It shall be the duty of the police or Patrol
and/or Code Enforcement personnel to serve any such notice when required
by the Council or its Street Committee and the duty of the Street
Commissioner to remove any such obstruction, dangerous structure or
nuisance after such notice.
So much of any ordinance or ordinances as may
conflict with the provisions of the foregoing are hereby repealed,
but all former ordinances in relation to the same subject matter and
not in conflict herewith are to remain valid and binding, and any
right or remedy conferred hereby is not to be taken and construed
as detracting in any way from any right or remedy now existing according
to law or which may hereafter be conferred.
Any person violating any of the provisions of
this article shall, upon conviction thereof, be punishable by a fine
of not more than $600, plus costs of prosecution, and in default of
payment of such fine and costs by imprisonment for not more than 30
days.
