An ordinance of the Borough of Darlington defining and prohibiting the storage of abandoned appliances, machinery, equipment, and/or construction materials in the open on private property and providing for exceptions by permit authorizing inspections, compliance notices and appeal hearings: requiring the removal, repair, or alteration of the conditions constituting a nuisance or danger to the citizens, and prescribing penalties and remedies for violation.
The Borough Council of the Borough of Darlington, Beaver County, Pennsylvania hereby ordains:
Sec. 1. Definitions
As used in this Ordinance, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
Lessee………… Owner for the purpose of this ordinance when the lessor holds the lessee responsible for maintenance and repairs.
Nuisance………Any condition, structure, or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of the Borough of Darlington.
Owner………….The actual owner, agent or custodian of the property on which machinery, equipment or materials are stored, whether individual or partnership, association or corporation.
Person…………A natural person, firm, partnership, association, corporation, or other legal entity.
In this ordinance the singular, shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.
Sec. 2. Storage of Nuisances Prohibited
It shall be unlawful for any person to store or maintain abandoned unused stripped, damaged and generally unusable appliances, machinery or equipment, or construction materials in the open on private property. Such storage shall constitute a nuisance and/or hazard if any of the following conditions exists:
- Broken glass or metal parts with sharp or protruding edges.
- Containers which are conducive to the harboring and growth of vermin or animals.
- Storage in any manner which would allow the equipment, machinery, material or any parts thereof to easily shift, tilt, or fall from its original storage position.
- Containers of any liquid or material or a hazardous nature, including, but not limited to gasoline, oil, battery acids, refrigeration agents, and poisons.
- Any other condition which shall threaten the health, safety or welfare of the citizens.
- Refrigerators with the doors remaining attached.
Sec. 3. Storage Requirement
Storage of such items as listed in Section 2 hereof on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Borough of Darlington Ordinances, or in State or Federal laws. Each person, owner or lessee desiring to store items described in Section 2, shall apply for a permit for either temporary or permanent storage and pay a fee to the Borough of Darlington pursuant to a Resolution of the Council of the Borough of Darlington. Such nuisance(s) must be stored within a garage or other enclosed building or, outside within a garage or other enclosed building or, outside, within an opaque fence at least six (6) feet high which is locked at all times when unattended. With the special approval of the Council of the Borough of Darlington, nuisances may also be stored outside in an area enclosed by a chain link fence, at least six (6) feet high screened by shrubbery around the perimeter to the height of the fence, with an obstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, the appliances, machinery, equipment or construction materials shall be kept free of vermin infestation while being stored, and all gas, die or other potentially hazardous substances shall be removed. The total area of storage of such nuisances may not exceed 144 square feet.
Nothing herein shall be construed to permit the storage of appliance, machinery, equipment, or material nuisances contrary to the provisions of the Borough of Darlington Zoning Ordinance.
Sec. 4. Inspection of Premises; Notice to Comply
- The Mayor is hereby empowered to inspect private property on which appliances; machinery, equipment and/or various construction materials are stored to determine if there is compliance with the provisions of this ordinance. If non-compliance with the provisions of this ordinance constitutes a nuisance or if any condition structure, or improvement poses a danger to the health, safety, or welfare of the public, he shall issue a written notice to be served by registered or certified mail upon the owner of said premises, or, if the owner’s whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
- Said notice shall specify the condition considered to be a hazard and/or nuisance and shall require the owner to commence to remove or otherwise rectify the condition as set forth in the notice within ten (10) days of mailing or posting of said notice, and thereafter to fully comply with the requirements of the notice within a reasonable time.
Sec. 5. Authority to Remedy Non-Compliance
If the owner of the property on which appliances, machinery equipment and/or construction materials are stored does not comply with the notice to abate the nuisance, within the time limit prescribed, the Borough of Darlington shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus ten (10%) percent of all costs. The Borough of Darlington, in such event and pursuant to its statutory or otherwise authorized police powers shall have the right and power to enter upon the offending premises to accomplish the foregoing.
Sec. 6. Hearing
- Any person aggrieved by the decision of the Mayor may request and shall be granted a hearing before the Council of the Borough of Darlington; provided, he files with the Council of the Borough of Darlington within ten (10) days after notice of the Mayor’s decision a written petition requesting such hearing and setting forth a brief statement of the grounds therefore. The hearing shall commence not later than thirty (30) days after the date on which the petition was filed unless postponed for sufficient cause.
- After such hearing, the Council of the Borough of Darlington shall sustain, modify or overrule the action of the Mayor.
Sec. 7. Penalties
Any person who shall violate any provision of this ordinance shall, upon conviction thereof be sentenced to pay a fine not more than three hundred ($300.00) dollars, and in default of payment, to undergo imprisonment for a term not to exceed thirty (30) days. Each day that a violation of this ordinance continues shall constitute a separate offense.
Sec. 8. Remedies Not Mutually Exclusive
The remedies provided herein for the enforcement of this ordinance, or any remedy provided by law shall not be deemed mutually exclusive, rather they may be employed simultaneously or consecutively, at the option of Council of the Borough of Darlington.
Sec. 9 Repealer
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed. The following ordinance or parts are specifically repealed.
Sec. 10. Severability
If any sentence, clause, section or part of this ordinance is for any reason found to be unconstitutional, illegal or invalid such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this ordinance. It is hereby declared as the intent of the Council of the Borough of Darlington that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
Sec. 11. Effective Date
This Ordinance shall become effective on January 1, 1990.
Romaine Shugars, President of Council
Attest: Virginia Martin, Secretary of Council
Approval of the Mayor
And now, this 4th day of December, 1989, I the undersigned Mayor of the Borough of Darlington do hereby approve the above and within Ordinance No. 322.89.
Linda Wilson, Mayor