Ordinance # 2005-2
Nuisance Ordinance *Note* This Ordinance Replaced Ordinance # 19
An Ordinance of the Borough of Bolivar, County of Westmoreland, and Commonwealth of Pennsylvania, Establishing Prohibitions Regarding the Creation and Maintenance of Nuisances and Establishing the Penalties for Violation.
Whereas, the Borough of Bolivar is charged with the responsibility of maintaining the health safety and welfare of its citizens and residents, and
Section 1. Short Title.
A. Borough of Bolivar Nuisance and Junk Ordinance
Section 2 Purpose
A. The purpose of this Ordinance is to remove or eliminate conditions of nuisances within the Borough of Bolivar and to protect the health, safety, and welfare of the Borough Citizens and Community at large.
Section 3. Definitions and Interruptions
A. The word nuisance as used in this Ordinance shall mean any use of property within the Borough or any condition upon property within the Borough that, other than infrequently, shall cause or result in:
1. Annoyance or discomfort to persons beyond the boundaries of such property.
2. Interference with the health, and / or safety of persons beyond the boundaries of that property or of persons whom might reasonably be expected to enter upon or be in that property, and / or
3. Disturbance to or interference with the peaceful use of the property of others within the Borough, in any case taking into consideration the location of the use or condition and the nature and condition of the surrounding neighborhood.
Section 4. Prohibitions
The following activities are hereby specifically found to be nuisances and prohibited.
A. Any accumulation or storage of garbage, rubbish, waste material, vegetation and / or debris of any kind, junk, scrap, or wrecked / unused motor vehicles or trailers, scrapped or abandoned appliances or machinery, flammable articles, or stored vehicles without a current inspection sticker, or without current vehicle registration, which vehicle has broken glass, rusted or jagged metal, or which is otherwise in a condition so as to permit the infestation or the habitation of vermin, animals, or insects or which would otherwise endanger persons coming in contact therewith.
B. The storage or maintenance of a motor vehicle or trailer upon any public street, alley, lane or way which vehicle or trailer does not contain a current inspection sticker and current vehicle registration.
C. Any storage or accumulation of construction materials or construction equipment that is unused, abandoned, junked and which has remained on the subject premises for more than thirty (30) days, or the storage or accumulation of construction materials which otherwise create a nuisance, fire or health or safety hazard.
D. The growth or maintenance of any grass, weeds, or any vegetation whatsoever, not planted to be eatable or planted for a useful or ornamental purpose to grow or remain upon such premises so as to exceed a height or 12 inches or the growth or maintenance of any grass weeds, or any vegetation whatsoever where such conditions creates a fire, health hazard or otherwise, endangers the safety or welfare of the community or abutting residence or landowners.
1. The Borough Council or any officer or employee of the Borough designated thereby for the purpose, is hereby authorized to give notice by person service or by United States regular mail to the owner or occupant, as the case may be, of any violation whereby grass, weeds, or other vegetation is growing or remaining in violation of the provisions of Section 4 (D) above and directing and requiring such owner or occupant to remove, trim or cut such grass, weeds, or other vegetation so as to conform to the requirements of this Ordinance within ten (10) days after issuance of such notice. The owner or occupant shall be required to bring the premises into compliance within the required ten (10) days or to submit to the Borough a plan for bringing the property into compliance within a reasonable period of time, provided such plan is submitted within the ten (10) days and such plan begins the abatement of a nuisance within the ten (10) day period. In any case in which the owner or occupant shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough or its designated agent may remove, trim or cut such grass, weeds, or other vegetation and the actual costs of such work with an additional amount of ten (10%) percent per annum may be collected by the Borough from such owner or occupant in any manner provided by law.
E. The maintenance or permitting the maintenance of any of the following dangerous conditions, structure or premise
1. Open wells or cisterns
2. Open excavations, without appropriate fencing, and / or guarding.
3. Unfinished buildings, foundations, or other structures which are not being actively constructed or remedied and which have remained in such condition for more than thirty (30) days.
4. The dangerous placement of any materials or equipment.
5. Lakes, ponds, or swimming pools not properly safeguarded.
6. Stagnant water in pools in which mosquito, flies, or other insects may multiply.
F. The washing, tracking or otherwise deposits of dirt, mud, stones, soil, or vegetation or other debris upon any public street, alley, lane or way, which material is not removed by 5:00 o'clock P.M. on the day on which the material was deposited.
G. Any other condition or activity which causes a disturbance or interference with the peaceful use of the property of others within the Borough for which creates health or safety risk by their very existence.
Section 5. Removal or Abatement of Nuisances
Any person who creates, continues, causes, maintains, or permits to exist any nuisance at any place within the Borough shall within ten (10) days after notice from Council or its designated agents, to do so, remove or abate that nuisance, which notice shall be provided in writing to the property owner or resident of the property by personal service or by U.S. First class mail, postage prepaid at the address last listed for the mailing of property taxes according to the Borough Tax Collector.
Section 6. Penalty for Violation
Any person who violates any provision of this Ordinance shall be guilty of a summary offense and for each such offense shall upon conviction be sentenced to pay a fine of not less than $100.00 nor more than $600. 00 and costs of prosecution and in default of payment of fines and costs to undergo imprisonment of not more than thirty (30) days provided: Each days continuance of the maintenance of any nuisance after the expiration of ten (10) days following the issuance of the notice referred to in Section 4 above shall constitute a separate offense.
Section 7. Additional procedure authorized
This Ordinance shall not be construed to be the sole means for abatement of a nuisance within the Borough and nothing shall preclude the Borough from exercising all other actions authorized by law or any person from proceeding individually or with other injured persons to effect the abatement of the nuisance. 5
Section 8. Effective Date, Repealer, and Severability
A. This Ordinance shall become effective February 1, 2005
B. This Ordinance specifically repeals Ordinance 1 of 2002, Ordinance # 61, and Unnumbered Ordinance dated May 16, 1928, relating to debris in public streets and alleys, and any other Ordinance which contradicts the provisions herein.
C. In the event that any provisions of this ordinance are found to be invalid for any reason, the remaining unaffected provisions shall remain in force as valid.
Ordained and enacted this 3rd day of January 2005
Borough of Bolivar
By Tonya Laskoski,
Examined and approved this 5th day of January 2005
Mayor Everett Saxton
Original Ordinance on file in vault