[HISTORY: Adopted by the Borough Council
of the Borough of Jefferson 11-6-1978 by Ord. No. 78-4. Amendments noted where
applicable.]
This chapter is passed for the protection of
the health, safety, morals and general welfare and property of the
inhabitants of the Borough.
The following words or phrases when used in
this chapter shall have the meanings ascribed to them in this section,
except when the context of the chapter indicates a different meaning:
When applied to a vehicle shall mean containing broken or
cracked windows; jagged or rigid metal or plastic; leaking oil, fuel,
chemicals, or other fluids; having conditions that may be a hazard
to children; attracting vermin or pests; or having other conditions
which present an apparent hazard or unsightly or unsanitary condition
which would offend a reasonable person of normal sensitivities or
which would inconvenience, annoy, or cause discomfort to neighbors.
Any other articles shall be considered abandoned when they have been
left unused in position for a period of 30 days or longer
[Amended 10-7-2019 by Ord. No. 2019-01]
Dead trees, weeds, shrubbery, limbs or portions thereof which
have become detached and have fallen to the ground and may also include,
but is not limited to, abandoned and broken equipment, hazardous pools,
ponds and excavations, neglected machinery, broken or discarded furniture
or household equipment left to accumulate on private property for
more than 30 days, packing boxes, tires, metal, lumber and paper stored
on private premises.
Any variety of green vegetation planted, seeded or cultivated
for lawn cover.
Any discarded material or article and shall include, but
is not limited to, scrap metal, scrapped, abandoned or junked motor
vehicles, machinery, equipment, paper, rags, glass, containers, wood,
lumber and structures.
Includes any individual, partnership, association, firm or
corporation.
Any article manufactured for the purpose of conveying a person
or persons or equipment upon roads, streets, highways or otherwise.
Includes all useless, uncultivated plants and vegetation.
No weeds shall be allowed to grow to a height
in excess of 15 inches on any premises or property within the Borough.
In addition, no weeds growing on said property, without regard to
height, shall be allowed to go to seed.
No grass shall be allowed to grow to a height
in excess of five inches on any premises or property within the Borough.
No junk, debris or junked or abandoned vehicles
shall be stored on any premises or property within the Borough unless
the keeping or storage of the same has been approved by the Borough
Secretary .
A.
Any person desiring to store or to continue to store
junk, debris or junked or abandoned vehicles on premises or property
within the Borough shall apply in writing to the Borough Secretary
for a written approval, setting forth the location and description
of the land on which said items are to be placed, the description
thereof, the manner of storage, the length of storage and the purpose
of storage.[1]
B.
In the event that written approval is required for
such storage, the written approval shall be granted only if the vehicles
or articles are to be stored in a completely enclosed structure or
screened or buffered, designed that the vehicles or articles within
the structure, screen or buffer cannot be seen from the outside.
[Amended 2-2-2009 by Ord.
No. 2009-01]
A.
If the Borough Secretary shall determine that the
storage concerning which a written approval is requested meets the
provisions of this chapter, does not or will not adversely affect
the health, safety, general welfare, cleanliness and beauty of the
Borough, and does not or will not constitute a nuisance, he shall
issue a written approval therefor; otherwise, he shall refuse to issue
said written approval, stating the reason or reasons for such refusal
and giving notice thereof to the applicant.
B.
Any person aggrieved by a refusal of the Borough Secretary to issue a written approval may request a hearing before the Borough Council and shall be granted a hearing, provided he shall file with the Council a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after notice that a written approval has been refused. The hearing shall commence not later than 35 days after the date on which the petition was filed unless postponed for sufficient cause. Pending the outcome of the hearing, the provisions of § 107-12 are suspended.
C.
After the hearing, the Borough Council shall sustain,
modify or overrule the action of the Borough Secretary.
A.
In the event of snowfall, the occupant or owner shall,
within a period of 24 hours after snowfall ceases, clear all sidewalks
of snow.
B.
In the event of freezing rain or other icy conditions,
the occupant or owner shall spread salt, ashes or cinders on all sidewalks
within 24 hours to ensure the safety of pedestrians.
A.
It shall be the further duty of any person violating § 107-3, 107-4 or 107-6 of this chapter or who is in violation of any written approval issued under this chapter to cease such violation within seven days of receipt of written notice of such violation given by the Borough Secretary or Zoning Officer. It shall be the further duty of any person violating § 107-9 of this chapter to cease such violation within 24 hours of receipt of written notice of such violation given by the Borough Secretary or Zoning Officer.
[Amended 2-2-2009 by Ord.
No. 2009-01; 4-3-2017 by Ord. No. 2017-04]
B.
Upon failure of any person to cease such violations
within the aforesaid time, the Borough may cause the violation to
be removed and may collect the costs thereof, together with a penalty
of 10%, in the manner provided by law for the collection of municipal
claims or by an action in assumpsit.
The Borough may also seek relief from violations
hereof in a court of equity.
[Amended 2-2-2009 by Ord.
No. 2009-01]
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 for each offense and, in default of payment
thereof, to imprisonment for not more than 30 days. A separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues.
Any other chapters or parts of chapters inconsistent
herewith are hereby repealed insofar as the same affect this chapter.
This chapter is not intended to affect any chapter heretofore passed
regulating zoning or parking of vehicles within the Borough.
