11 Pa. C.S. § 127A01

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 127A01 - Definitions

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Abatement." The removal, stoppage or destruction by any reasonable means of the cause or constitution of a public nuisance.

"Department." The department designated by council to determine the existence of and to abate a public nuisance in accordance with this chapter.

"Owner." With regard to the property on which the alleged public nuisance exists, the owner of record, based upon the city's real estate registry if the city maintains a registry, or, if the city does not maintain a real estate registry on the tax assessment records of the city, or of the county in which the city is located. The term may include any person in whom is vested all or any part of the legal or equitable title to the property or who has charge, care or control of the property as agent, executor, administrator, assignee, receiver, trustee, guardian, lessee or mortgagee in possession.

"Property." Personal property or real property and any improvements to real property.

"Public nuisance."

(1) Conduct or property, or the condition or use of property, defined or declared to be a public nuisance under any provision of this part or other law.

(2) Conduct or property, or the condition or use of property, if the department determines that it endangers the health or safety of, or causes hurt, harm, inconvenience, discomfort, damage or injury to, a person or property in the city, by reason of the conduct or property, or the condition or use of the property, being any of the following:

(i) A menace, threat or hazard to the general health and safety of the community.

(ii) A fire hazard.

(iii) A building or structure that is unsafe for occupancy or use.

(iv) Property that is so inadequately or insufficiently maintained that it diminishes or depreciates the enjoyment and use of other property in its immediate vicinity to the extent that it is harmful to the community in which the property is situated.

(3) Unauthorized accumulations of garbage and rubbish and the unauthorized storage of abandoned or junked automobiles or other vehicles on private or public property, and the carrying on of any offensive manufacture or business.

"Summary abatement." Abatement of a public nuisance by the city without prior notice to the owner of the property in accordance with this chapter.

11 Pa.C.S. § 127A01

Added by P.L. TBD 2015 No. 67, § 1, eff. 1/23/2016.