[HISTORY: Adopted by the Borough Council of the Borough of Matamoras 1-7-1975
as Ord. No. 165, approved 1-7-1975. Section
93-12 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
This chapter is passed for the protection of the health, safety, morals,
general welfare and property of the inhabitants of the Borough of Matamoras,
Pike County, Pennsylvania.
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:
As applied to a vehicle, any vehicle that is not currently inspected,
is not currently licensed, is not capable of passing a Commonwealth of Pennsylvania
inspection or has not been moved for a period of forty-five (45) days. Any
other article shall be considered "abandoned" when it has been left in position
on property for a period of thirty (30) days or longer.
Dead trees, weeds, shrubbery, limbs or portions thereof which have
become detached and have fallen to the ground, trailers, campers, boats and
other mobile equipment parked on streets or stored on private property for
unreasonable periods of time causing unsightliness and providing attractive
nuisances dangerous to children, and including, but 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 thirty (30) days, packing boxes and other debris,
live vegetative growth, tires, metal, lumber and paper stored on private premises.
Any variety of green vegetation planted, seeded or cultivated for
lawn vegetation cover.
Any discarded material or articles, including but not limited to
scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment,
paper, rags, glass, containers, wood, lumber and structures.
Any individual, partnership, association, firm or corporation.
Any article manufactured for the purpose of conveying a person or
persons or equipment upon roads, streets or highways.
All useless, uncultivated plants and vegetation.
No weeds shall be allowed to grow to a height in excess of twenty-four
(24) inches on any premises or property within the Borough of Matamoras, Pike
County, Pennsylvania. In addition, no weeds growing on said property, regardless
of height, shall be allowed to go to seed.
No grass shall be allowed to grow to a height in excess of eight (8)
inches on any premises or property within the Borough of Matamoras, Pike County,
Pennsylvania.
It shall be the responsibility of the owner of record of any premises or property within the Borough of Matamoras to comply with the specifications set forth in §§ 93-3 and § 93-4 of this chapter. Such ownership of record shall be determined by reference to the records in the Recorder of Deeds' office in and for Pike County, Pennsylvania. If the owner or owners of record of any such property cannot be determined or cannot be found, then the occupier of said premises or property shall be responsible for such compliance. If such premises or property is not occupied and if the owner of record is not known or cannot be found, then the person or persons shown as the owners of the premises or property by the tax records of Pike County shall be responsible for compliance with §§ 93-3 and 93-4 above.
It shall be the duty of the Secretary of the Borough of Matamoras and
the Chief of Police or the Mayor or of any police officer regularly appointed
and on duty by the aforesaid Borough of Matamoras to notify, in writing, any
person or persons violating this chapter of such violation. Such person or
persons shall have a period of seven (7) days from the receipt of said notice
to remove or cut the vegetation which exists in violation of this chapter.
Failure to comply with such written notice shall constitute a violation of
this chapter and shall be punishable in accordance with this chapter.
No junked or abandoned vehicles or debris or articles shall be stored
on any premises or property within the Borough of Matamoras unless the keeping
or storage of the same has been approved by the Borough Council or by the
Chief of Police of the aforesaid borough.
A.
Any person desiring to store or to continue to store
junked or abandoned vehicles or debris or articles on premises or property
within the Borough of Matamoras shall apply, in writing, to the Borough Council
for a permit, setting forth the location and description of the land on which
said items are to be placed, the description thereof, the manner of storage
and the length of and the purpose for the storage.
B.
In the event that a permit is requested for the storing
of a vehicle, such permit shall only be granted if the vehicle is to be stored
in a completely enclosed structure so designed that the vehicle within the
structure cannot be seen from the outside.
If the Borough Council shall determine that the storage concerning which
a permit is requested 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, it shall issue a written permit therefor; otherwise
it shall refuse to issue said permit, stating the reason or reasons for such
refusal, and give notice thereof to the applicant.
All persons owning or possessing any icebox or refrigerator shall, before
abandoning, discarding or discontinuing the use thereof for refrigeration
or storage purposes, leave the same in such condition that all doors can be
opened from the inside.
A.
Any vegetation or grass which exists in violation of
this chapter and any junk, debris or abandoned vehicles or articles stored
on private grounds without a permit issued by the Secretary of the borough,
as herein required, shall be removed by the owner or occupier of said grounds
after notice to do so, and in default thereof, the borough may cause the same
to be done and collect the costs thereof, together with a penalty of ten percent
(10%) of such costs, in the manner provided by law for the collection of municipal
claims or by action of assumpsit, or may seek relief by an action in equity.
B.
Whenever any such person shall have been notified by
the Secretary of the Borough of Matamoras or by the Chief of Police of the
Borough of Matamoras or by prosecution or in any other manner of such violation,
each day thereafter that such violation shall continue shall constitute a
separate violation hereof and may be punishable as such hereunder.
[Amended 12-30-1975 by Ord. No. 174,
approved 12-30-1975; 9-6-1988 by Ord.
No. 217]
Any person who shall violate any provisions of this chapter shall, upon
conviction thereof, be punishable by a fine of not more than one thousand
dollars ($1,000.) and costs of such proceedings or, upon default of payment
of such fines and costs, by imprisonment in the county jail for a term of
not more than thirty (30) days. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished as
provided above for each separate offense.
