The Board of Supervisors hereby ordains:

1. Grass and Vegetation Growth a Nuisance Under Certain Conditions. No person, firm or corporation, owning or occupying any property within the Township shall permit any grass or weeds or any vegetates whatsoever, to grow or remain upon such promises so as to exceed a height of ten (10) inches, or to throw off any unpleasant or noxious odor, or to obstruct a traffic sightseer, or to conceal any filthy deposit, or to create or produce pollen. Any grass, weeds or other vegetation growing upon any premises in the Township in violation of any of the provisions of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness, and comfort of the inhabitants of the Township.

2. Responsibility for Removing. Cutting. or Trimming. The owner of any premises, or the occupant of premises occupied by other than the owner, shall remove, trim, or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of section 1.

3. Notice to Remove. Trim. or Cut; Municipality Mav Do Work and Collect Cost
and Additional Amount. The Board of Supervisors or any officer of employee of the Township designated thereby for this purpose: is hereby authorized to give notice, by personal service or by 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 1 of this ordinance, directing and requiring such occupant to remove, trim, or cut such grass, weeds or vegetation so as to conform to the requirements of this ordinance, within ten (10) days after issuance of such notice. Whenever, in the judgment of the Code Enforcement Officer it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Board of Supervisors or any officer or employee of the Township 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 ten (10) days. In case any person, firm or corporation shall neglect, fail, or refuse to comply with such notice within the period of time stated herein, the Board of Supervisors may order the removal, trimming, or cutting of such grass, weeds, or vegetation, and the cost thereof, together with a penalty of ten percent (10%) of the cost thereof shall be collected by the Township from such person, firm or corporation, in the manner provided by law.

4. Penalties for Violation. Any person, firm, or corporation who shall violate any provision of this ordinance shall pay a fine of not more than one thousand dollars ($1,000.00). Each day that a violation of this ordinance continues after notice shall constitute a separate offense.

5. Repealer. Any ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.

6. 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 Board of Supervisors that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section, or part thereof not been included herein.

7. Effective Date. This ordinance shall become effective on September 1, 1996.

Section 102. Statement of Findings: The governing body of the Municipality finds that:

A. Storm water runoff from lands modified by human activities threatens public health and safety by causing decreased infiltration of rainwater and increased runoff and velocities, which overtax the carrying capacity of existing streams and storm sewers, and greatly increases the cost to the public to manage storm water.

B. Inadequate planning and management of storm water runoff resulting from land development and redevelopment throughout a watershed can also harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of stream-beds and stream-backs thereby elevating sedimentation), destroying aquatic habitat and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals and pathogens. Groundwater resources are also impacted through loss of recharge.

C. A program of storm water management, including reasonable regulation of land development and redevelopment causing loss of natural infiltration, is fundamental to the public health, safety, welfare, and the protection of the people of the Municipality and all the people of the CommonweaIth, their resources, and the environment.

D. Storm water can be an important water resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.

E. Public education on the control of pollution from storm water is an essential component in successfully addressing storm water.

F. Federal and state regulations require certain municipalities to implement a program of storm water controls. These municipalities are required to obtain a permit for storm water discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).

G. Non-storm water discharges to municipal separate storm sewer systems can contribute to pollution of water of the Commonwealth by the Municipality.

This Ordinance shall be known as the Amended East Taylor Township Nuisance Ordinance. Township Ordinance No. 1973 - 42 is hereby amended as follows:

1102. Public Nuisances Unlawful. It shall be unlawful for any owner of real or personal property, tenant, levee, licensee, or other person utilizing or occupying said property with the permission of the owner or tenant to maintain, carry-on, or permit with existence or maintenance of an offensive or hazardous condition or violation on property within the limits of the Township of East Taylor, Cambria County, Pennsylvania. (Ord.43, 04/27/1973, sec.2) 
5103. Definition. An offensive or hazardous condition or situation shall be defined as including, but not limited to, the following activities when they adversely affect the health, safety, morals or general welfare of persons and property (including animals) within the Township:

A. The accumulation of or permitting the accumulation of trash, garbage, refuse or rubbish on private or public property. Minimum compliance shall require any amount of trash, garbage, refuse or rubbish to be kept, at least six (6’) feet within the boundary line of any property whereon it is kept.

B. The storage, accumulation or permitting the storage or accumulation of abandoned, wrecked or junked automobiles, scrap metal or other scrap materials on private or public property. However, a landowner, his tenant, licensee or immediate family member thereof may keep not more this two (2) uninspected or unlicensed motor vehicles on the property if some are kept within a garage or enclosure or covered by a tarpaulin or other cover which prevents access by children or animals.

C. The carrying on of any offensive manufacture or business, or any other use or activity upon property that by reason of noxious odors or flames, excessive illumination, excessive noise, vibration or dust or air pollution unreasonably interferes with the reasonable use, comfort and enjoyment of the occupants in the vicinity, or endangers the health or safety of the occupants of property in the vicinity.

D. The existence of any dangerous structure, or improvement on public or private grounds, which constitutes a fire hazard, or endangers surrounding buildings, or shelters rats or other vermin, or constitutes an attraction to children playing thereabouts, and a hazard to their safety, or which is unsafe for unsafe for human occupancy or use.

E. The burning of any paper, rags, automobiles, machines or other waste materials, which results in the emission of excessive noxious odors, or which cause fire hazards, or which pollute the air.

F. The storage of gasoline, kerosene or other petroleum products above ground or underground, without complying watts the regulations thereto adopted by the Pennsylvania State Police, and/or the Pennsylvania Department of Environmental Resources.

G. The maintenance or existence of any unfenced or inadequately fenced excavation which constitutes a hazard to children or other persons in the vicinity, and by failure to adequately light said excavation as a safeguard for the protection of other persons in the vicinity.

H. The use of private property in such manner as to unreasonably interfere with the reasonable enjoyment of property by occupants of property in the vicinity by creating unsightly conditions and appearances said premises.

I. The maintenance or existence of any other condition on private or public property which constitutes a fire hazard, or endangers surrounding buildings, or results in the sheltering of rats or other vermin, or constitutes an attraction to children and a hazard to their safety, or otherwise, endangers the health or safety of occupants of property in the vicinity, the failure, to reasonably and promptly remove snow, or any other kind of debris or matter from sidewalks abutting on private property.

(Ordinance 43, 04/27/1973, sec.3: as amended by Ordinance 120-94, 08/16/1994)

104. Exceptions. Public nuisances shall not include the following: 
A. The accumulation or burning of small amounts of materials in a reasonable and normal manner premises on which the person resides.
2. The temporary storage of any item preparatory removal from the premises.
C. The carrying on of any manufacture or business in a under any license or permit issued by the Township, or in any other proper and lawful manner.

(Ordinance 43, 04/27/1973, sec.4.)

105. Violations. In the event any person shall maintain a public nuisance as heretofore defined, the Supervisors of East Taylor Township, upon determining that such public nuisance exists or is being maintained, at their option, may singly severally proceed as follows:

A. Commence summary proceeding to collect penalty as provided under sec.106 of this Part.

B. Order the termination of the public nuisance or the removal or abatement of the dangerous structure, improvement or excavation by causing written notice to be served personally or by registered or certified mail upon the owner, tenant, lessee or other person utilizing or occupying said, premises, or upon any agent of the owner or if the identity or whereabouts of the owner be unknown, by posting the notice conspicuously upon the offending premises. The notice shall specify the condition complained of and shall require the owner and his tenant, lessee, or other person utilizing or occupying said property to commence corrective action as therein set forth within ten (10) days and to complete such corrective action fully within a reasonable time thereafter. If appropriate, the Supervisors may require the corrective action to be fully completed within the ten (10) day period.

C. Should any person cause or permit the continuation of a public nuisance without the commencement of corrective action within ten (10) days from the date of the receipt of the notice specified in subsection (B) hereof, or if such person shall fail to proceed to complete corrective action within the time specified in the notice, the Supervisors may cause the removal, correction or abatement of the public nuisance by such means as shall appear necessary to the Township Supervisors. The Township shall in such event, where necessary, have the right and power to enter into the offending premises to accomplish the foregoing.

D. In the event the Township shall have expended moneys to remove, correct or abate any public nuisance under the terms of this Part, it may recover the cost thereof, a penalty of five (5) percent and a reasonable attorney's fee by municipal claim proceedings under the Act of May 16, 1923, P.L. 207, as amended; or by such other remedies as may be provided by law, at the election of the Township.

E. In lieu, of removal, correction or abatement of any public nuisance by the Township, the Township may, whenever the Supervisors deem it appropriate, institute proceedings in the Court of Common Pleas of Cambria County, Pa. to compel the removal, correction or abatement of such condition, and to seek such other relief as the said Court is empowered to afford.

(Ordinance 43, 04/27/1973, sec.5)

106. Penalties. Any person, firm or corporation who shall violate any provision of this Part, upon being found liable thereof in an action brought before a district justice in a civil enforcement proceeding shall pay a judgment of not more than $1,000 plus costs and reasonable attorney's fees and in default of payment shall serve a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate violation. (Ord. 43, 04/27/1973, sec.6; as amended by Ord.120-94, 08/16/199; as amended by Ord.130-98, 06/16/1998)

l07. Remedies Cumulative. The remedies provided for the enforcement of the provisions of this Part, or of any remedy afforded by law shall not be deemed mutually exclusive and may be employed simultaneously or consecutively, at the discretion of the Township of East Taylor. (Ord. 43, 04/27/1973, sec.7) 

108. That all other Township Ordinances, or parts thereof, are hereby repealed I so far as they are inconsistent herewith.

1O9. That this Ordinance shall become effective upon passage  by the Township Supervisors.

ORDAINED AND ENACTED BY THE SUPERVISORS OF EAST TAYLOR TOWNSHIP, this 22nd day of May 2006.