AN ORDINANCE OF
THE BOARD OF SUPERVISORS OF
FRANKLIN TOWNSHIP,
LUZERNE COUNTY, PENNSYLVANIA,
PROHIBITING
NUISANCES ON PRIVATE OR PUBLIC
PROPERTY WITHIN
THE TOWNSHIP; PROVIDING FOR THE
REMOVAL THEREOF BY
THE TOWNSHIP; AND FIXING
PENALTIES FOR VIOLATION.
WHEREAS, The Board of Supervisors deems it to be in the best interests and general welfare of the citizens and the residents of this Township to prohibit the unreasonable, unwarrantable or unlawful use of private or public property which causes injury, damage, hurt, inconvenience, annoyance, or discomfort, to others in the legitimate enjoyment of their rights of person or property; and
WHEREAS, Section 702 of the Second Class Code, 1933, May 1, P.L. 103, Art. VII, s 702, cl.Xii, as amended, 53 P.S. s 65712, authorized township of the second class to prohibit nuisances, to remove same, and to impose penalties therefor.
NOW THEREFORE, BE IT ENACTED AND ORDAINED, and it is enacted and ordained, by the Board of Supervisors of this Township, as follows:
Title
This ordinance shall be known and may be cited as the Franklin Township Nuisance Ordinance of 1997.
SECTION I. DEFINITIONS. For the purposes of this ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory.
A. "Township" is the Township of Franklin, Luzerne County, Pennsylvania.
B. "Board of Supervisors" is the Board of Supervisors of Franklin Township, Luzerne
County, Pennsylvania.
C. "Owner" is a person owning, leasing, occupying or having charge of any premises
within the Township.
D. "Person" is any natural person, firm, partnership, association, corporation,
company or organization of any kind.
E. "Nuisance" is the unreasonable, unwarrantable or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person in the legitimate enjoyment of his reasonable rights of person or property.
F. "Abandoned vehicles"--A vehicle (other than a pedal-cycle):
1. that is inoperable and is left unattended on public property for more than 30 days; or
2. that has remained illegally on public property for a period of more than 30 days; or
3. without a valid registration plate or certificate of inspection or title left
unattended on or along a highway; or
4. that has remained on private property with or without the consent of the owner or person in control of the property for more than 30 days and does not have (a) a valid registration plate or (b) current certificate of inspection. Vehicles and equipment used or to be used in construction or in the operation of maintenance of public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be abandoned.
G. "Junked vehicles"---Any motor vehicle, valveless except as junk.
SECTION II. NUISANCES DECLARED ILLEGAL. Nuisances, including but not limited to the following, are hereby declared to be illegal:
A. Storing or accumulating the following:
1. Garbage or rubbish
2. Junk material (including but not limited to unused or abandoned machinery, equipment or
appliances, excluding agricultural equipment)
3. Other. junk (including but not limited to any and all forms of waste and refuse of any type of materials, including scrap metal, glass, industrial waste and other salvable materials)
B. It shall be unlawful to store, or deposit any abandoned or junked vehicle or part thereof, in, or on any highway or public or private property, vacant or occupied, within the Township of, Franklin.
C. Storing or accumulating more than three (3) antique or collector motor vehicles for restoration which are neither sheltered by a building nor enclosed behind an evergreen or solid fence as permitted by applicable zoning ordinance; or storing or accumulating in an unorderly fashion three (3) or more antique or collector motor vehicles for restoration.
D. Draining or flowing, or allowing to drain or flow, any water or drainage from within dwellings situated upon property along any public highway, road, street, avenue, lane or alley in the Township into or upon the cartway or traveled portion of any said highway, street, road, avenue, lane or alley, except where provision has been made in said cartway or traveled portion for said drainage by means of a drainage ditch or otherwise.
E. Draining or flowing, or allowing to drain or flow by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies, or cesspools of any kind or nature whatsoever, or any foul or offensive water or foul or offensive drainage of any kind, from property along any public highway, road, street, avenue, lane or alley in the Township into or upon any said highway, road, street, avenue, lane or alley; or from any property into or upon any adjoining property.
F. Burning of garbage, tires, or tar products.
G. Maintaining or causing to be maintained any dangerous structure, including but not limited to abandoned or unoccupied buildings or parts of buildings in a state of dilapidation or disrepair.
H. Permitting or allowing any well or cistern to be or remain uncovered.
I. Interfering with the flow of a stream, creek or other waterway by means of a dam or other construction, unless authorized by law.
J. Pushing, shoveling or otherwise depositing snow upon the cartway or traveled portion of any public highway, road or street which is maintained by the Township or by the Commonwealth of Pennsylvania, and allowing same to remain thereon.
K. Allowing or permitting any excavation or obstruction, on or adjoining any highway, street, or road, to remain opened or exposed without the same being secured by a barricade, temporary fence, or other protective materials.
L. The maintenance or storage by an owner or lessee of a motor vehicle which is unable to move under its own power, except as provided for in Section C.
M. The unsheltered storage or maintenance of junk or the storage or maintenance of garbage, rubbish or any other material if any of the following conditions exist with respect thereto:
1. Broken glass or metal parts with sharp or protruding edges.
2. Openings or areas which are conducive to the harboring of vermin.
3. Storage in any manner which would allow the junk, garbage, rubbish or material, or any part thereof, to easily shift, tilt or fall from its original storage position.
4. The presence of any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, gasoline, oil, battery acids, refrigeration agents or poisons.
N. The maintenance of abandoned or neglected buildings, structures, sidewalks or premises, which shall pose or constitute any of the following conditions or hazards:
1. A fire hazard to adjoining structures and other property within the Township.
2. A danger of infestation by vermin.
3. An area which is or which might potentially serve as an area of play or attraction for
children of the Township or the public in general.
4. Buildings or structures whose interior walls or other vertical tructural members list, lean, or buckle to such an extent that block line passing through the center of gravity falls outside of the middle third of its base.
5. Buildings or structures which, exclusive of the foundation, show thirty percent (30%) or more of damage or deterioration of the supporting members, or fifty percent (50%) or more of damage or deterioration of the non-supporting interior or outside walls or covering.
6. Buildings or structures which have improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
7. Buildings or structures which have been damaged by fire, wind or other causes so as to have become dangerous to life or safety of the occupants or to others in the vicinity.
8. Buildings or structures which have become or are so dilapidated, decayed
or to others in the vicinity.
9. Buildings or structures having inadequate facilities for egress in case
of fire or panic, or those having insufficient stairways, fire escapes
or other means of access and egress.
10. Buildings or structures, parts of which are so attached that they may fail and injure members of the public or cause damage to property.
0. The setting, maintenance, operation, conduct or permitting of the establishment and maintenance of fire, combustion or manufacturing, commercial or other ash process which is or shall be accompanied by constant, periodic or occasional omission of smoke, sparks, particles, burned sawdust and debris, or the creation and spreading of ash, debris, poisons and like materials on surrounding or adjacent property to the annoyance, disturbance and detriment of surrounding property owners, residents, passers-by and the traveling public.
SECTION III. WRITTEN NOTICE TO VIOLATORS REQUIRED. Whenever a condition constituting a nuisance is permitted or maintained, the Township zoning officer shall cause written notice to be served upon the owner in one of the following manners:
A. By making personal delivery of the notice to the owner.
B. By handing a copy of the notice at the residence of the owner to an adult member of the family with which he resides; but if no adult member of the family is found, then to an adult person in charge of such residence.
C. By fixing a copy of the notice to the door at the entrance of the premises in violation.
D. By mailing a copy of the notice to the last known address of the owner by certified mail.
E. By publishing a copy of the notice in the local newspaper once a week for three consecutive weeks. Such notice shall set forth in what respect such condition constitutes a nuisance, whether removal is necessary and required by the Township, or whether the situation can be corrected by repairs, alterations, or by fencing or boarding, or in some way confining and limiting the nuisance. Such notice shall require the owner to commence action in accordance with the terms thereof within thirty (30) days and thereafter, to comply fully with its terms with reasonable dispatch, with all material to be supplied and work to be done at the owner's expense; provided, however, if any of the provisions of Section II (E), (G), or (J), and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.
SECTION IV. PENALTY FOR VIOLATION. If the owner after receiving due notice, refuses to comply with the terms thereof:
A. He shall be guilty of a violation of this ordinance and shall upon conviction thereof, pay a fine of not more than one thousand dollars ($1,000.00) and the prosecution, and, in default of payment of such fine and costs of prosecution, shall be imprisoned for not more than thirty (30) days; provided, each day's continuance of a violation shall constitute a separate offense.
B. The Board of Supervisors may direct the removal, repairs or alterations, as the case may be, to be done by the Township and the cost thereof with a penalty of ten percent (10%) may be collected froml the owner of the premises by an action of assumpsit or may file a municipal claim or lien therefore against such real estate.
C. The Township by means of a complaint in equity may compel the owner to do so or seek such other relief as such court is empowered to afford.
SECTION V. SEVERABILITY. If any section, subsection, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions thereof.
SECTION VI. EFFECTIVE DATE. This ordinance shall become effective five (5) days after the adoption thereof.
ENACTED AND ORDAINED this 3rd. day of February, 1997,
in lawful session duly assembled.
TOWNSHIP OF FRANKLIN
LUZERNE COUNTY, PENNSYLVANIA