ORDINANCE NO. 2008  AN ORDINANCE OF FRANKLIN TOWNSHIP, SNYDER COUNTY, PROHIBITING NUISANCES WITHIN THE TOWNSHIP, PROVIDING FOR ABATEMENT OF NUISANCES AFTER NOTICE, AND FOR PENALTIES FOR  VIOLATION THEREOF.  WHEREAS, the Supervisors of Franklin' Township, Snyder County have determined that numerous conditions exist in the Township which constitute nuisances, by way of accumulations of garbage and rubbish, the storage of abandoned or junked automobiles, dangerous structures, and the carrying on of offensive manufactures and businesses, which nuisances endanger, threaten or impair the health, safety, and life of persons or their property; and  WHEREAS, pursuant to Section 1527, 1529, and 1532, of the Second Class Township Code, Act of May 1, 1933 (P.L. 103, No. 69) as reenacted and amended, (53 P.S. $866527, 66529, and 66532), the Board of Supervisors is empowered with the authority to prohibit  nuisances and regulate the maintenance of junked and abandoned vehicles.  NOW, THEREFORE, be it ordained and enacted by the' Township of Franklin, County of Snyder and Commonwealth of Pennsylvania, and it is hereby ORDAINED AND ENACTED  as follows: SECTION 1. A. B. Snyder County. C.  Definitions.  Township" is the Township of Franklin, which is located within the confines of "Board of Supervisors" is the Board of Supervisors of Franklin Township, "Owner" is a person owning, leasing, occupying or having charge of any  Snyder County, Pennsylvania.  premises within the Township.  D. "Person" is any natural person, firm, partnership, association, corporation,  company, club, co-partnership, society, or any organization of any kind.  E.  "Nuisance" is the unreasonable, unwarrantable, or unlawful use of public or  private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person or resident in thel legitimate enjoyment of his reasonable rights of person or property.  1    F. G.  "Garbage" is waste resulting from the handling, preparation, cooking and "Refuse and/or rubbish" includes combustibles such as paper, cartons, boxes,  consumption of food; wastes from the handling, storage and sale of produce.  barrels, wood, excelsior, tree branches, yard trimmings, leaves, wood furniture, bedding; noncombustibles such as metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other mineral waste; street rubbish, such as street sweeping, dirt, and catch-basin dirt. Refuse and/or rubbish shall not include leaves, cornstalks, stubble or other vegetable material generated in the course of harvesting agricultural crops.  H. "Ashes" are residue from fire used for cooking and/or for heating buildings.  I.  Abandoned or Junked Motor Vehicles" is any vehicle in non-serviceable  condition or without having both a current inspection sticker and current registration plate.  Section 2. NUISANCES DECLARED ILLEGAL:  Nuisances, including, but not limited to the following, are hereby declared to be illegal:  A. Storing or Accumulating the following:  1.  Garbage, ashes, refuse or rubbish.  (a)  Its shall be unlawful to place or permit to remain anywhere in the  Township any garbage or other material subject to decay other than leaves or grass, excepting in a tightly covered container; excepting that a mulch heap is permitted, which is properly maintained for gardening purposes and does not materially disturb or annoy persons of ordinary sensibilities in the neighborhood. ashes or trash of such a material that it can be blown away by the wind anywhere  (b)  It shall be unlawful to cause or permit to accumulate any dust,  in the Township excepting in a covered container.  2.  Junk Material, including, but not limited to, unused or abandoned  machinery, equipment or appliances, and all forms of waste and refuse of any type of materials, including scrap metal, glass, industrial waste and other salvageable materials, B. Storing or accumulating abandoned or junked motor vehicles, that can be seen from any public highway, road, street, avenue, lane or alley which is maintained by the  unless for resale.  2    Township, or by the Commonwealth of Pennsylvania. All such vehicles must be moved in 60  days, or if at vehicle repair business, 90 days.  C. Draining or flowing, or allowing to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies, or cesspools of any kind or nature whatsoever, or any foul or offensive water or foul or offensive drainage of any kind, from property along any public highway, road, street, avenue, lane or alley, or from any  property into or upon any adjoining property.  D. Burning of tires, tar products or garbage.  E.  Maintaining or causing to be maintained, any dangerous structure,  including but not limited to, abandoned or unoccupied buildings or parts of buildings in a state  of dilapidation or disrepair.  Section 3. WRITTEN NOTICE TO VIOLATORS REQUIRED:  Whenever a condition constituting a nuisance is permitted or maintained, the Board of Supervisors shall cause written notice to be served upon the owner in one of the following  manners:  A. By making personal delivery of the notice to the owners; or  B. By handing a copy of the notice at the residence of the owner to an adult member of the family with which he resides, but if no adult member of the family is found, then to an  adult person in charge of such residence; or  C. By fixing a copy of the notice to the door at the entrance of the premises in D. By mailing a copy of the notice to the last known address of the owner by E. By publishing a copy of the notice in a local newspaper of general circulation Such notice shall set forth in what respect such condition constitutes a nuisance, whether removal is necessary and required by the Township, or whether the situation can be corrected  violation; or certified mail; or  within Snyder County, Pennsylvania, once a week for three (3) successive weeks.  3    by repairs, alterations or by fencing or boarding, or in some way confining and limiting the  nuisance.  Such notice shall require the owner to-commence action in accordance with the terms thereof within twenty (20) days and thereafter, to comply fully with its terms with reasonable dispatch, with all material to be supplied and work to be done at the owner's expense.  Section 4. PENALTY FOR VIOLATION:  This Ordinance regulates building, housing, property, maintenance, health, fire, public safety, air or noise pollution, and shall be enforced pursuant to 53 P.S. $56601(c.1)(2). A. Enforcement thereof shall be by an action before a District Justice in the same manner provided for the enforcement of summary offenses under thel Pennsylvania Rules of Civil Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa. R. Crim. P. No. 83(c) (relating to trial and summary cases). The Board of Supervisors hereby set a criminal fine in the amount of not less than three hundred ($300.00) dollars nor more than one thousand ($1,000.00) dollars per violation, and the costs of prosecution, and, in default of payment of such fine and costs of prosecution, to undergo imprisonment of not more than Ten (10) days, provided, further, that  each day's continuance of a violation shall constitute a separate event.  B. The Board of Supervisors may direct the removal, repair, or alterations, as the case may be, to be done by the Township and to certify the costs thereof to the Township solicitor, the cost of such removal, repairs or alterations shall be al lien upon such premises from the time of such removal, cutting, repairs and alterations which date shall be determined by the certificate of the person doing such work, and filed with the Township Secretary.  C. The Township, by means of a complaint in equity, may compel the owner of the premises to comply with the terms of any notice of violation. or seek any such other relief as  any such court of competent jurisdiction is empowered to afford.  Section 5. SEVERABILITY:  If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall  not affect the validity of the remaining portions hereof,  4    Section 6. EFFECTIVE DATE:  This Ordinance shall become effective five (5) days after the adoption hereof.  ENACTED, AND ORDAINED into law by the Township of Franklin, Snyder County,  Pennsylvania, this, 35 day of June, 2008.  FRANKLIN TOWNSHIP BOARD OF SUPERVISORS  ATTEST:  dask Gregor! WSnook, Chairman RB  Puul J. db Paula S. Snook, Secretary  Earl E.  (Township Seal)  AhlLRlh Harold E. Walter, Supervisor  5