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Part 5
Nuisances
Nuisances
For the purposes of this Part:
Nuisance–as any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(1) Injures or endangers the comfort, repose, health or safety of others; or
(2) Offends decency; or
(3) Is offensive to the senses; or
(4) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or
(5) In any way renders other persons insecure in life or the use of property; or
(6) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(Ord. 1996-2, 6/13/1996, § 1; Ord. 2014-1, 1/9/2014, § 1)
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
A. Weeds, grass or other rank vegetation to a height greater than eight inches on average.
B. Accumulation of dead weeds, grass or brush.
C. Poison ivy, ragweed or other poisonous plants, or plants detrimental to health growing on any lot in such a manner that any part of such vegetation shall extend upon, overhang or border any neighboring property or such as to allow seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place.
D. Trees, shrubs, plants or vegetation which overhangs any sidewalk or street, or which grown thereon in a manner as or obstruct or impair the free and full use of the sidewalk or street by the public, including the interruption or interference with the clear vision of pedestrians or persons operating vehicles thereon. Such obstruction impairment or interference with clear vision shall be determined at the sole discretion by the Township Official called to inspect any such condition.
E. Trees, shrubs, plants or vegetation which interferes with electrical poles, wires, pipes or fixtures, or the roots of which interfere with or cause the surface of the street, sidewalk or curb to be up heaved or disturbed.
F. Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things.
G. Any condition which provides harborage for rats, mice, snakes and other vermin.
H. Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located.
I. All unnecessary or unauthorized noises and annoying vibrations, including animal noises.
J. All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches.
K. The carcasses of animals or fowl not disposed of within a reasonable time after death.
L. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.
M. Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained.
N. Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
O. Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.
(Ord. 1996-2, 6/13/1996, § 2; Ord. 2014-1, 1/9/2014, § 2; Ord. 2014-5, 8/14/2014, § 1)
Whenever a nuisance is found to exist within the Township, the Township Code Enforcement Officer, Fire Chief, Police Chief or some other duly designated officer of the Township shall give seven days written notice to the owner and/or occupant of the property upon which such nuisance exists or upon the causing or maintaining the nuisance. If the nuisance is not abated within seven days of the notice the party providing notice of the nuisance may file a citation with the local magistrate for assessment of any penalties, fines or costs incurred by the Township.
(Ord. 1996-2, 6/13/1996, § 4; Ord. 2014-1, 1/9/2014, § 4; Ord. 2014-5, 8/14/2014, § 1)
The notice to abate a nuisance issued under the provisions of this Part shall contain:
A. An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances; such hearing shall take place before the Plains Township Board of Commissioners within ten days of the date of a written request for this hearing. All requests for hearings must be put in writing and delivered to the Township Official who provided the notice to abate the nuisance.
B. The location of the nuisance, if the same is stationary.
C. A description of what constitutes the nuisance.
D. A statement of acts necessary to abate the nuisance.
E. A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the Township will abate such nuisance and assess the cost thereof against such person.
(Ord. 1996-2, 6/13/1996, § 5; Ord. 2014-1, 1/9/2014, § 5)
Proper service of the notice of abatement under this Part shall be by personal service or registered mail with return receipt requested upon the person responsible for the nuisance and the owner of the property it employees, agent or representative. If in the event the owner and/or person responsible whereabouts are unknown or refuse acceptance of service the notice of abatement may be posted at the property so it is clearly visible to anyone entering the premises.
(Ord. 1996-2, 6/13/1996, § 6; Ord. 2014-1, 1/9/2014, § 6; Ord. 2014-5, 8/14/2014, § 1)
Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this Chapter to abate the same, the Township Chief of Police or other duly designated officer of the Township shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof.
(Ord. 1996-2, 6/13/1996, § 7; Ord. 2014-1, 1/9/2014, § 7)
When, in the opinion of the Township Code Enforcement Officer, Fire Chief, Police Chief or other duly designated officer, there is actual and immediate danger to the public or occupants of a particular premises caused by a nuisance on such premises, the Township Code Enforcement Officer, Fire Chief, Police Chief or other duly designated officer is hereby authorized and empowered, without any notice or hearing to order and require such premises to be vacated. The Township Code Enforcement Officer, Fire Chief, Police Chief or other duly designated officer shall immediately post the premises, warning of the dangerous condition, and shall then abate such nuisance and prepare a statement of costs incurred in the abatement thereof.
(Ord. 1996-2, 6/13/1996, § 8; Ord. 2014-1, 1/9/2014, § 8)
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