Nuisance Ordinance

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ARTICLE I – GENERAL

SECTION A. TITLE

This Ordinance shall be known and may be cited as the Applewold Borough Nuisance Ordinance.

SECTION B. DEFINITIONS

The following words when used in this Ordinance or any accompanying resolution shall have the meaning ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:

BOROUGH: Applewold Borough, Armstrong County, Pennsylvania.

BOROUGH COUNCIL: The Council of Applewold Borough, Armstrong County, Pennsylvania.

GARBAGE: Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of food.

JUNK: Any material, including but not limited to old rope, appliances, machinery, metal, parts of machinery, glass, wood, containers, equipment, and the like no longer suited or suitable for its intended use but which may be turned to some minor, incidental or other use.

LESSEE: The person to whom the owner of the property has granted possession, either by express statement or by implication.

MOTOR VEHICLE: Every device of motive power in, upon, or by which any person or property may be or at one time might have been transported.

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.

OPEN STORAGE: Storage or accumulation that is visible from any public street, alley or sidewalk or from any adjacent property.

OWNER: The actual owner or custodian of the property on which vehicles, machinery, equipment, or materials are stored; where buildings, structures, or operations are located; or where other alleged hazards or nuisances are in existence, whether individual, partnership, association, or corporation.

PERSON: Every natural person, association, partnership or corporation. The singular shall include the plural. Whenever used in connection with prescribing or imposing penalty, or both, the term as applied to a partnership shall mean the partners or any one of them and as applied to corporations or associations shall mean the officer(s) thereof.

PORCH, DECK, PATIO OR BALCONY: A platform, whether or not elevated, which is located at and attached to or abutting any building or structure, which may be either completely or partially covered by a roof, and/or completely or partially enclosed by glass or a similar material and/or screens. Screens are framed wire mesh or framed plastic mesh used to prevent intrusion by insects, but permitting air flow.

RUBBISH: All putrescible solid wastes, including solid market and industrial wastes and all non- putrescible solid wastes consisting of both combustible and non-combustible wastes, such as solid market and industrial wastes, paper, wrappings, cigarettes, cardboard, tin cans, glass, bedding, crockery, and similar materials, no longer suitable for its intended use and which cannot be turned to some minor, incidental or other use.

SHELTERED: Being enclosed by a permanent structure impervious to vermin.

UNSHELTERED: Not being covered or protected by a permanent structure.

ARTICLE II - NUISANCES

SECTION A. NUISANCES PROHIBITED

It shall be unlawful for any person to create or maintain any condition upon their property which could directly or indirectly cause a nuisance or health hazard to the residents of the Borough. No person within or upon any property situated within the municipal limits of Applewold Borough shall store, collect, park, leave, deposit, maintain, reserve, put aside for future use, permit or allow to remain other than in a completely enclosed building or structure, any of the following items listed herein. While not necessarily intended to be a comprehensive list, the establishment, maintenance, operation, or continuance of any of the following at any time within the Borough is hereby declared to be a nuisance under the terms of this Ordinance:

1. The unsheltered maintenance and storage by an owner or lessee of a motor vehicle which is unable to move under its own power or has any of the following physical defects:

• • broken windshields, mirrors, or other glass with sharp edges

  • one or more flat or open tires or tubes which could permit vermin harborage

  • missing doors, windows, hood, trunk, or other parts which could permit vermin harborage.

  • any exposed parts with sharp edges, including holes resulting from rust

  • missing tires resulting in unsafe suspension of the motor vehicle

  • upholstery which is torn or open which could permit vermin harborage

  • broken headlamps or tail lamps with sharp edges

  • disassembled chassis parts apart from the motor vehicle, stored in a disorderly fashion, or loose in or on a vehicle. 

  • protruding sharp objects from the chassis

  • any vehicle or part thereof suspended from the ground in an unstable manner

  • leaking or damaged oil pan or gas tank

  • exposed battery containing acid

  • inoperable locking mechanism for doors or trunks 

  • open or damaged floor boards, including truck and firewall

  • damaged bumpers pulled away from the parameter of the vehicle

  • broken grill with protruding edges

  • loose or damaged metal trim and clips

  • broken communication equipment antenna

  • such other defects which the authorized Borough representative might deem to be a threat to the health, safety or welfare of the citizens of the Borough

2. The unsheltered storage or maintenance of junk or the storage or maintenance of garbage, rubbish or any other material if any of the following conditions exist with respect thereto:

• • broken glass or metal parts with sharp or protruding edges.

  • openings or areas which are conducive to the harboring of vermin.

  • storage in any manner which would allow the junk, garbage, rubbish or material, of any part thereof, to easily shift, tilt, or fall from its original position.

  • the presence of any liquid or material of a hazardous or potentially hazardous nature including, but not limited to, gasoline, oil, battery acids, refrigeration agents or poisons.

  • any other condition which the Enforcement Officer and/or Borough Council may, upon investigation, determine to be a threat to the health, safety, or welfare of the citizens of the Borough.

3. The maintenance of abandoned or neglected buildings, structures, sidewalks, or premises, which shall pose or constitute any of the following conditions or hazards:

• • a fire hazard to adjoining structures and other property within the Borough

  • a damage of collapse or infestation by vermin

  • an area which is or which might potentially serve as an area of play or attraction for children of the Borough or the public in general

  • any other condition which the Enforcement Officer and/or Borough Council may, upon investigation, determine to be a threat to the health, safety, or welfare of the citizens of the Borough.

4. The making of any noise or the possession, harboring, or controlling of any animal or bird which makes any noise, continuously and/or incessantly, for a period of ten (10) minutes or makes such noise intermittently for one-half (1/2) hour or more to the end that such noise is excessively loud and unreasonably disturbing to the citizens of the Borough or the general public.

5. Permitting any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such premises so as to exceed a height of six inches or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or produce pollen. Any grass, weeds or other vegetation growing upon any premises in the Borough in violation of any provision of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Borough.

• No person shall place, or cause to be placed, grass, weed, or other vegetation trimmings or cuttings upon any Borough street, alley, gutter or into a storm drain. Likewise, no person shall place such trimmings or cuttings in any manner in which they will be likely to blow, wash or settle into the street, alley, gutter or storm drain.

SECTION B. PROCEDURE

Whenever it shall be reported or come to the attention of the Borough or an authorized Borough representative, an authorized representative of the Borough shall cause to be served notice upon the owner or such persons responsible under the law, for maintenance of the offending property, to correct the condition within ten (10) days, within a reasonable time period given the nature and extent of the nuisance. A reasonable time period as defined herein shall not be less than ten (10) days nor more than thirty (30) days. In the event that such owner or other person does not reside in the Borough the notice shall given by certified mail, or in the event they are unknown, then by conspicuously posting upon the offending premises notice of the violation of this ordinance. Should such notice by mail be returned as undeliverable for any reason, notification shall be deemed to have been attempted and shall suffice under the requirements of this ordinance. Section 1 through Section 2, a Borough representative shall have the right to inspect buildings or structures to determine violations of or compliance with this ordinance. A Borough representative may exercise this right to inspection by consent of the person having the right to possess and occupy the building, structure or any part thereof from or by administrative search warrant.

ARTICLE III - ENFORCEMENT

SECTION A. VIOLATIONS OF THIS ORDINANCE

Any person who, after the delivery or posting of the notice provided for in Article II continues the maintenance of conduct declared to be a nuisance or fails to take remedies to abate said nuisance when directed to do so shall be determined to be guilty of a criminal violation of this Ordinance. Additionally, any person whose conduct constitutes a nuisance in violation of Article III, as determined by the authorized Borough representative, shall be determined to guilty of an immediate violation of this Ordinance. Upon conviction thereof before a District Justice by a summary proceeding, the person shall be sentenced to pay a fine of not less than Two Hundred Fifty ($250.00) Dollars, and not exceeding one thousand Dollars (1,000.00) in addition to reasonable attorney’s fees and all costs incurred by the Borough, and in default of payment thereof, may be sentenced to the County Jail for a period not exceeding thirty (30) days. Each day that a violation of this Ordinance of this Ordinance continues shall constitute a separate offense. All of said proceedings and sentencing shall be in accord with the provisions of the Borough Code as the same shall be amended.

SECTION B. ABATEMENT OF NUISANCE BY BOROUGH COUNCIL

In addition to or instead of invoking the penalties set forth in the preceding paragraph, the Borough Council may, in the event of any continued violation of this Ordinance, remove any nuisance, hazard, or dangerous structure on public or private grounds or otherwise abate the nuisance and collect the cost of such removal for abatement together with any penalties as may have been rendered in summary proceedings, from the owner and/or lessee of the premises. The costs of such removal, together with the penalties, reasonable attorney fees, and all costs incurred by the Borough, may be levied against the property and recovered by the Borough in the manner prescribed for the levying and collection of municipal liens.

ARTICLE IV - MISCELLANEOUS

SECTION A. SEVERABILITY

The provisions of this Ordinance shall be severable, and if any provision or phrase shall be held to be unconstitutional or invalid, such decisions shall not affect the validity of any of the remaining provisions or phrases hereof, it being the intention of the Borough Council to enact and adopt each section independently of every other section.

SECTION B. REPEALED

All Ordinances or parts of Ordinances previously enacted by the Borough, are hereby repealed insofar as they may be inconsistent herewith.

SECTION C. EFFECTIVE DATE

This Ordinance shall become effective upon its enactment.

ORDAINED AND ENACTED into law by the Borough of Applewold, in lawful session assembled this 10th day of February, 2026.