PROPERTY MAINTENANCE
§ 61-1. Definitions.
§ 61-4.Abatement of nuisance.
§ 61-2. Acts of nuisance.
§ 61-5. Violations and penalties.
§ 61-3. Duty of maintenance of property.
§ 61-6. Enforcement.
[IDSTORY: Adopted by the Borough Council of the Borough of Callery 12-3-1992 by Ord. No. 89. Amendments noted where applicable.]
GENERAL REFERENCES Junkyards -See Ch. 53. Storage of junked vehicles -See Ch. 83.
§ 61-1. Definitions.
As used in this chapter, the following tenns shall have the meanings indicated:
NUISANCE -Any condition or use of premises or of building exteriors which is detrimental to the properties of others or which causes or tends to cause diminution in the value of other property in the neighborhood in which the premises are located; and, further, a "nuisance" shall be any act of any person or group within the Borough whereby the health, safety or welfare of any person may be in danger, injured or impaired, or any disease may, directly or indirectly, be caused by the act.
§ 61-2. Acts of nuisance.
Act of nuisance shall include, but not expressly be restricted to:
A. The owner/occupant or the agent of any owner/occupant of lots, parcels or areas within the Borough permitting the premises to become unsanitary or a fire menace by allowing any offensive or unsafe matter to grow, accumulate, or otherwise occupy and remain upon such premises.
B. The owner/occupant or the agent of any owner/occupant of lots, parcels or areas within the Borough permitting pools of water to accumulate and remain upon the premises and become stagnant and foul; or permitting any compost pile which is in such a nature as to spread or harbor disease, emit unpleasant odors or hannful gas, or attract rodents, vermin or other disease-carrying pests, animals or insects.
C. The owner/occupant or the agent of any owner/occupant of lots, parcels or areas within the Borough in a residential area allowing junk, disabled cars and trucks, trash, waste, debris, abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans or containers to remain upon the premises as a possible harborage for rodents, vermin or other disease-carrying pests, animals or insects.
D. The owner/occupant or the agent of any owner/occupant of lots, parcels or areas within the Borough to keep bees, or permit bees to swarm on the property without permission from the Borough to do so.
E. The owner/occupant or the agent of any owner/occupant of lots, parcels or areas within the Borough to keep or harbor domestic or farm animals in such number, and under such conditions, whereby the health and safety of any person is endangered, injured, or impaired, or because any property may be endangered, damaged or diminished in value.
§ 61-3. Duty of maintenance of property.
No person owning, leasing, occupying or having charge of any premises within the Borough shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing such a diminution in the value of the other property in the neighborhood in which such premises are located
.
§ 61-4. Abatement of nuisance.
The owner, owners, tenants, lessees or other occupants of any parcel or lot of land within the Borough, upon which property a nuisance is found to exist, shall jointly and severally abate said nuisance by the prompt removal of the nuisance upon notice being given by the Borough.
§ 61-5. Violations and penalties.
If the owners, tenants, lessees and/or other occupants of property wherein a nuisance is found to exist shall refuse or fail to abate such nuisance, they, and each of them, upon conviction of violation of this chapter, shall be subject to a fine of up to $300, and imprisonment of up to 30 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues to occur.
§ 61-6. Enforcement.
Enforcement of this chapter may be accomplished by action of the Borough in filing with the owners a notice of abatement of nuisance wherein the owners, tenants, lessees or other occupants shall be given notice of the existence of the nuisance and be required to abate the nuisance within 48 hours of said nuisance. Upon the failure of the owner, tenant, lessee or other occupant abating the nuisance, then the Borough shall, in any manner authorized by law, undertake whatever steps may be necessary to abate the nuisance, including removal of the nuisance. In the event that the Borough shall, of necessity, move and abate the nuisance on its own, then the Borough shall be permitted to recover from the owner, tenant, lessee or occupant, jointly and severally, all costs and expenses involved in the abatement of the nuisance.
