Ordinance 563 – Defining Nuisance

This is a retyped copy of the original Ordinance to be used for reference purposes only.

For enforcement or prosecution, please refer to the original document.

ORDINANCE NUMBER    2006-563

AN ORDINANCE OF THE BOROUGH OF MARTINSBURG, BLAIR COUNTY, PENNSYLVANIA, FOR THE PROTECTION OF THE PUBLIC HEALTH; DEFINING NUISANCES  AND DECLARIN CERTAIN CONDITIONS, PLACES AND THINGS TO BE NUISANCES, AND PROHIBITING THE SAME, AND PROVIDING FOR THE ABATEMENT THEROF AND PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING AND AMENDING PARTS OF ORDINANCE  NOS. 1985-439 AND  1964-292

BE IT HEREBY ENACTED AND ORDAINED by the Borough of Martinsburg, Blair County, Pennsylvania, and it is hereby Enacted and Ordained by the authority of the same as follows:

SECTION 3: Nuisance – Specifically Defined.

(5)  The allowance of any grass, weeds or any type of plant growth which shall be left to grow in excess of six inches above the ground with the exception of trees, shrubs, bushes, flowering plants or vegetable plants which are properly trimmed and maintained, shall constitute a nuisance. All trees overhanging streets, alleys and public highways in the Borough with branches less than fourteen (14) feet above said streets and public highways and any and all trees encroaching on the street or highway shall constitute a nuisance.

(12) A motor vehicle nuisance shall also be included openly storing more than two (2) antique motor vehicles for restoration or storage or openly accumulating more than two (2) vehicles in a non-serviceable condition or without inspection and registration.

SECTION 9: Notice to remove, trim or cut; Municipality may do work and collect cost and additional amount.

The Borough of Martinsburg, or any officer or employee of the Borough of Martinsburg designated thereby for this purpose, is hereby authorized to give notice, by personal service or by the United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of Section 3 of this Ordinance, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation so as to conform for the requirements of this Ordinance, within seven (7) days after issuance of such notice. Whenever, in the judgment of the Enforcement Officer it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily found or because a search for the owner or occupant would entail unreasonable delay, the Borough of Martinsburg or any officer or employee of the Borough of Martinsburg designated thereby for that purpose, may give notice by posting conspicuously on the property where such nuisance exists, a notice or order directing and requiring that such nuisance be abated within seven (7) days. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough of Martinsburg may order the removal of any nuisance and trimming or cutting of any grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof shall be collected by the Borough of Martinsburg from such person, firm or corporation, in the manner provided by law.

SECTION 12: Scope

This Ordinance is a supplement to existing ordinances regulating behavior that may be classified as a nuisance and establishes additional conduct that constitutes a nuisance. This Ordinance does not repeal or amend any prior enacted ordinances to the extent of limiting the enforcement of such ordinances.

ENACTED AND ORDAINED this 6th day of November, 2006.