For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
NON-CUSTOMARY OUTDOOR STORAGE. The accumulation of items in excess of what is reasonable and customarily necessary for the use of real property and which by its placement and/or condition has the potential to (1) cause, through visual blight or odor, impairment of the use or enjoyment of neighboring properties, (2) pose a risk to public health by creating conditions favorable for the harboring of vermin, (3) pose a risk of environmental contamination or (4) pose a risk to public health or safety, including any condition which substantially obstructs or impedes access to any occupied structure by police, fire or rescue personnel. Such material accumulation may include, but is not limited to, junk and debris; rubbish, garbage or refuse; vehicle parts; construction materials not incidental to an active permitted construction project on site; outdoor storage of yard maintenance equipment such as lawn mowers, hedge clippers, tree trimmers; vehicle parts, recreational equipment or lawn furniture in number or variety beyond customarily necessary for the use of the property; any item in a visible state of deterioration as reasonably evidenced by rust or other deteriorated condition; abandoned, discarded, or unused objects or equipment, not customarily stored outside such as indoor furniture, stoves, refrigerators, freezers, washers/dryers or other appliances, electronic equipment, boxes and other containers; clothing; or any combination thereof.
NUISANCE. Any existing or imminently threatened condition or activity existing or occurring on any property, as defined herein, that causes the property or any structure to be unfit for its intended purpose or human habitation, that creates a risk of bodily harm or other physical injury, including, but not limited to, conditions which cause or can significantly contribute to accidents, infection, illness, mutilation or death, or constitutes an attractive nuisance under law, or which interferes with or is offensive or dangerous to the reasonable comfort, safety or convenience of the general public or individuals. It shall be a nuisance to accumulate or allow to be accumulated non-customary outdoor storage objects on private property as defined above except in an approved landfill or premises properly zoned for and engaged in the business of a junk yard, salvage yard or recycling center. A NUISANCE may include, but shall in no way be limited to: attractive nuisances; dangerous structures; unsanitary conditions; fire damaged or dilapidated structures where the structural integrity of the building/structure has been destroyed or significantly compromised; structural integrity, including, but not limited to, the foundation, the roof, walls, flooring, the electrical system, the heating and plumbing systems; accumulation of garbage and rubbish; the storage of abandoned or junked automobiles; and obstructions or nuisances in the streets of the borough.
OFFICER. The Borough Code Enforcement and Zoning Officer.
OCCUPANT. A person residing at or in possession of a property as defined herein.
OPERATOR. A person in charge of any commercial, residential, institutional or other enterprise or operation carried on at a property as defined herein.
OWNER. Any person or persons, jointly or severally, firm, corporation or other entity which, either by conveyance or inheritance or otherwise, is vested with the title to property, as defined herein, or who retains the exclusive control or custody of such property, in his or her capacity as legal representative, such as an administrator, trustee or executor.
PROPERTY. Any real property, including any improvements or structures constructed upon real property, within the borough.
(Ord. 1443, passed 12-19-2016)