The Warriors Mark supervisors have passed a public nuisance ordinance for the township.
The supervisors decided to adopt the ordinance after having research done to see what was on the books to help the township deal with certain types of problems.
The ordinance defined a public nuisance as “the doing or failure to do something that injuriously affects safety, health or morals of the public, or works some substantial annoyance, inconvenience, discomfort or hurt on the public.”
The idea for the ordinance came about after a request last month by Supervisor Don Bickle to a have a letter sent to a property owner in regard to garbage on his property.
At this week’s Warriors Mark Township meeting, solicitor Larry Clapper said he checked the township’s ordinances and found there were several about such issues. He cited one that deals with junk cars and another that deals with appliances such as washers and dryers.
However, Clapper told the supervisors that the township did not have a general nuisance ordinance. He said the nuisance ordinance was “compliant with the state of the law as of today.”
After being presented with the ordinance and the background information, the supervisors voted unanimously to adopt the ordinance.
The ordinance applies to both public and private property and covers, but is not limited to, “accumulations of garbage and rubbish, the burning of garbage and rubbish, storage of abandoned or junked automobiles, carrying on of any offensive manufacture business, permitting a dangerous building or structure to exist; or failing to remove or safely maintain an unused or abandoned septic tank or well, and provided that such act or omission constitutes a nuisance in fact.”
The ordinance allows the township to request the removal or abatement of a nuisance and if such removal or abatement does not happen within a reasonable time, the township may remove or abate the nuisance.
It also allows for the collection of costs associated with the removal or abatement of the nuisance and the imposition of a penalty in the event an owner or occupant fails to remove or abate a public nuisance or dangerous structure. Violations of the ordinance also creates a criminal offense and the township can institute proceedings to enforce the provisions of the ordinance. A conviction before a magisterial district judge carries fines/costs and imprisonment can be imposed. The township also has the right to institute civil proceedings in Huntingdon County Court.
The ordinance was effective immediately as of the date of passage on Aug. 8.
