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ORDINANCE NO. 33

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF PINE TOWNSHIP, INDIANA COUNTY, PENNSYLVANIA, PROHIBITING NUISANCES, STORING OR ACCUMULATING ABANDONED OR JUNKED MOTOR VEHICLES, JUNK MATERIAL, ABANDONED OR UNOCCUPIED BUILDINGS OR PARTS OF BUILDING IN A STATE OF DILAPIDATION OR DISREPAIR ON PRIVATE OR PUBLIC PROPERTY WITHIN THE TOWNSHIP: PROVIDING FOR THE REMOVAL THEREOF ON PUBLIC OR PRIVATE GROUNDS AFTER NOTICE TO THE OWNERS TO DO SO, AND IN DEFAULT THEREOF, TO COLLECT THE COSTS OF SUCH REMOVAL BY THE TOWNSHIP; AND PRESCRIBING PENALTIES FOR VIOLATION.

WHEREAS, the Board of Supervisors of Pine Township, Indiana County, Pennsylvania, deem 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 will, has, or may cause 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 Township Code, 1933, May 1, P.L. 103, Art. VII, 702 (c) (1) XXI, as amended, (53 P.S. 5712), authorizes Townships 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 Pine Township, Indiana County, Pennsylvania, as follows:

Section 1. DEFINITION: For the purpose 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.

"Township" is the Township of Pine , which is located within the confines of Indiana County, Pennsylvania.

"Board of Supervisors" is the Board of Supervisors of Pine Township, Indiana County.

"Owner" is a person owning, leasing, occupying or having charge of any premises within the Township.

"Person" is any natural person, firm, partnership, association, corporation, company, club, co-partnership, society, or any organization of any kind.

"Vegetation" is any grass, weed or vegetation whatsoever, which is not edible or planted for some useful, legal or ornamental purpose.

"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 or resident in the legitimate enjoyment of his reasonable rights of a person or

property.

"Abandoned or Junked Motor Vehicles" is any vehicle in non-serviceable condition or without having both a current inspection sticker and current registration plate.

Section 2. NUISANCES DECLARED ILLEGAL: Nuisances, including, but not limited to the following, are hereby declared to be illegal:

A. Storing or accumulating the following:

Garbage or rubbish;

Junk Material, including, but not limited to, unused or abandoned

machinery, equipment or appliances, and all forms of waste and refuse of

any type of materials, including scrap metal, glass, industrial waste and other salvageable materials, unless for resale, and then only when stored inside a building or behind a wall, fence, or other structure camouflaging its appearance so that it cannot be seen from any public highway, road, street, avenue, lane or alley which is maintained by the Township, or by the Commonwealth of Pennsylvania.

Storing or accumulating abandoned or junked motor vehicles, that can be seen

from any public highway, road, street, avenue, lane or alley which is maintained

by the Township, or by the Commonwealth of Pennsylvania. All such vehicles

must be moved in 60 days, or if at vehicle repair business 90 days.

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 ordinances; or storing

or accumulating in an unorderly fashion three (3) or less antique or collector

motor vehicle for registration.

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 cess

pools 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, or from any property into or upon any adjoining

property.

Draining or flowing, allowing to drain or flow, any water or drainage from within

dwelling situate upon property along public highway, road, street, avenue, lane, or alley in the Township into or upon the cartway or traveled portion for said drainage by means of a drainage ditch or otherwise.

Burning of plastics, tires, or tar products.

Maintaining or causing to be maintained, any dangerous structure, including but

not limited to, abandoned or unoccupied building or parts of buildings in a state

of dilapidation or disrepair.

H. Permitting the growth of any grass, weeds, noxious weeds, or any vegetation

whatsoever, not edible or planted for some useful, legal or ornamental puipose, to conceal any rubbish, garbage, trash or any other violation of this ordinance.

Permitting or allowing any well or cistern to be, or remain, uncovered.

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 Town¬ship or by the Commonwealth of Pennsylvania, and allowing same to remain thereon.

K. Allowing or permitting any excavation, material excavated 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.

Section 3. WRITTEN NOTICE TO VIOLATORS REQUIRED: Whenever a condition constituting a nuisance is permitted or maintained, the Board of Supervisors shall cause written notice to be served upon the owner in one of the following manners:

By making personal delivery of the notice to the owners;

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.

By fixing a copy of the notice to the door at the entrance of the premises in violation;

By mailing a copy of the notice to the last know address of the owner by certified mail;

By publishing a copy of the notice in a local newspaper of general circulation

within Indiana County, Pennsylvania, once a week for three (3) successive 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, alteration 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 twenty (20) 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 2(F), (I), (J), or (K) are violated, and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.

Section 4. PENALTY FOR VIOLATION: If the owner, after receiving due notice, refused to comply with the terms thereof:

1. He shall be guilty of a violation of this Ordinance, and shall, upon conviction thereof, pay a fine of not more than Three Hundred and 00/100 ($300.00) Dollars, and the costs of prosecution, and, in default of payment of such fine and costs of prosecution, to undergo imprisonment of not more than Ten (10) days, provided, further, that each day's continuance of case may be, to be done by the Township and to certify the costs thereof of the Township Solicitor, the cost of such removal, repairs or alterations shall be a lien upon such premises from the time of such removal, cutting, repairs and alterations which date shall be determined by the certificate of the person doing such work, and filed with the Township Secretary.

3. The Township, by means of a complaint in equity, may compel the owner of the premises to comply with the terms of any notice of violation, or seek any such other relief as any such court of competent jurisdiction is empowered to afford.

Section 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

Section 6. EFFECTIVE DATE: This Ordinance shall become effective five (5) days'after the adoption hereof.

ENACTED AND ORDAINED into law by the Township of Pine, Indiana County,

Pennsylvania, this 5th day of January 1998.

Charles E. Marcenzo

Richard W. Davis

Township Secretary