PINE TOWNSHIP, INDIANA COUNTY ORDINANCE NUMBER 45
AN ORDINANCE ESTABLISHING THE MINIMUM REGULATIONS GOVERNING THE CONDITIONS AND MAINTENANCE OF PROPERTY, BUILDINGS AND STRUCTURES WITHIN PINE TOWNSHIP, INDIANA COUNTY, PENNSYLVANIA.
BE IT ENACTED AND ORDAINED by the Board of Supervisors of the Township of Pine, Pennsylvania and it is hereby enacted and ordained by the authority of the same as follows:
SECTION 1. Definitions
As used in this Ordinance the following terms shall have the meanings indicated:
DANGEROUS STRUCTURE:
A building or other structure that by reason of damage or deterioration, including but not limited to fire, water, old age, or lack of maintenance, is in a condition that presents a danger of personal injury to individuals who may enter same, provided however, that in any case, consideration of the location of the dangerous structure and the nature and condition of the surrounding neighborhood shall be taken.
NUISANCE:
A. Any use of property within the Township or any condition upon any property within the Township that shall endanger the public health and/or safety of others persons beyond the boundaries of such property; provided, however, that in any case, consideration of the location of the surrounding neighborhood shall be taken.
The accumulation and open storage of garbage, rubbish, or solid waste as defined by Ordinance # 25 shall be considered a nuisance when the accumulation or storage results in the conditions described in Section A.
CODE ENFORCEMENT OFFICER: The Supervisors are charged with the administration and enforcement of this Code. As Code Officials the Supervisors shall have all authority necessary to enforce the provisions of this act, including instituting summary citation proceedings.
SECTION 2 -Restrictions
Restrictions: It shall be unlawful for any person to create, maintain or permit any nuisance or dangerous structure anywhere within the Township. Owners of the premises shall be responsible for compliance with the provisions of this code and shall remain responsible regardless of any agreements between owners and occupants.
SECTION 3- Order of Complaint
Complaint process: Upon complaint by any citizen of Pine Township, the Supervisors shall determine whether a property is in violation of this Ordinance. The Supervisors will accept complaints in the following forms.
A.
A written complaint, as long as it contains the name and phone number of the complainant.
A written complaint, as long as it contains the name and phone number of the complainant.B.Completed complaint form, available at the Pine Township Office.
Completed complaint form, available at the Pine Township Office.C.Completed complaint form, via phone call to office.
Completed complaint form, via phone call to office.Whenever it is found that any person maintains such a nuisance or nuisances within the Township of Pine, the Supervisors will contact the responsible party by written notice. The notice shall be served personally on the owner or by return receipt mail. In the event that the Township is unable to serve the Owner by either of these methods, the notice shall be served by posting it on the property. They will sufficiently describe the violation and will explain what is required for the nuisance to be corrected. The responsible party will be given 30 days to correct with no fines being charged. If the violation is not corrected in 30 days the violator will be penalized as described in Section 4.
SECTION 4 – Penalty
Any person, corporation or entity who shall violate any of the provisions of this ordinance or who shall fail to comply with any notice of violation herein, upon conviction before a District Justice within the Magisterial district within which the Township of Pine is a part, shall be fined $250.00 plus costs of prosecution after summary proceeding brought in the name of the Township before said District Justice. A new and separate offense shall be deemed to be committed for each 30 day period that such violation exists. In default of the payment of any fine imposed and the costs, the Code Official may abate or cause to be abated said nuisance and the expense of such abatement and fines shall be paid by the responsible person by municipal lien against said property.
SECTION 5- Severability
The provisions of this ordinance are severable, and if any section, sentence, clause, part of provision hereof shall be held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, part or provisions of this Ordinance. It is hereby declared to be the intent of the Board of Supervisors of Pine Township that this Ordinance would have been adopted if such illegal, invalid or unconstitutional section, sentence, clause, part or provisions has not been included herein.
SECTION 6- Repealer
All other ordinances, rules, regulations, policies or procedures, or parts of any of them, inconsistent herewith are hereby repealed.
SECTION 7- Saving Clause
Should any part or parts of this ordinance be found to be void by a Court competent jurisdiction, the remainder of this ordinance shall remain in full effect.
Effective Date
Adopted by the Board of Supervisors of Pine Township on June 6th, 2011. This Ordinance shall become effective immediately.
_______________________________________Attest: Ryan Shultz
Ryan Shultz________________________________________________________________
_______________________________________Jennifer LindahlKeith Muir
Keith Muir_______________________________________Chris Cameron