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GEORGE KADASH v. CITY WILLIAMSPORT (06/13/75)

decided: June 13, 1975.

GEORGE KADASH, APPELLANT,
v.
CITY OF WILLIAMSPORT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lycoming County in case of City of Williamsport v. George Kadash, No. 73-10,419.

COUNSEL

Anthony D. Miele, with him Fierro & Miele, for appellant.

Michael J. Casale, for appellee.

Judges Wilkinson, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 19 Pa. Commw. Page 644]

George Kadash appeals to this Court from an order of the Court of Common Pleas of Lycoming County which found him guilty of violating Ordinance 4519 of the City of Williamsport (City) and fined him $15 plus costs.

The ordinance in its entirety reads as follows:

"An Ordinance Providing for the Prohibition of Nuisances, Including but Not Limited to, Accumulation of Garbage and Rubbish, and the Storage of Abandoned or Junked Motor Vehicles, on Private and Public Property; the Carrying on of any Offensive Manufacture or Business; and the Accumulation of Junk; Providing for the Removal of Such Nuisances After Notice to Property Owner; Providing for the Collection

[ 19 Pa. Commw. Page 645]

    of the Cost of Such Removal; and Providing for a Penalty for Violation, and for Equity Proceedings.

"It Is Hereby Enacted and Ordained by the City Council of the City of Williamsport:

"Section 1. It shall be unlawful for any property owner in Williamsport to maintain a nuisance.

"Section 2. Property shall include both private and public property.

"Section 3. Property owner shall include all natural persons, corporations, associations, school districts and churches, tenants, or ...


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