[HISTORY: Adopted by the Borough Council
of the Borough of Eagles Mere 7-3-1989 by Ord. No. 94. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Eagles Mere.
The official who is charged with the administration and enforcement
of this Code, or any duly authorized representative. The Code Official,
or any duly authorized representative, shall have all authority necessary
to enforce the provisions of this act, including instituting summary
citation proceedings.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The presence within or contiguous to a structure or premises
of insects, rats, vermin or other pests in numbers sufficient to pose
an unusual and substantial risk to occupants. neighbors or the community.
[Amended 1-5-2009 by Ord. No. 2009-01]
A motor vehicle nuisance shall include any motor vehicle
which is unable to move under its own power and has any of the following
physical defects:
Broken windshields, mirrors or other glass with
sharp edges;
One or more flat or open tires or tubes which
could permit vermin harborage.
Missing doors, windows, hoods, trucks or other
body parts which could permit animal harborage.
Any body parts with sharp edges including holes
resulting from rust.
Missing tires resulting in unsafe suspension
of the motor vehicle.
Upholstery which is torn or open which could
permit animal and/or vermin harborage.
Broken headlamps or tail lamps with sharp edges.
Disassembled chassis parts apart from the motor
vehicle stored in a disorderly fashion or loose in or on the vehicle.
Protruding sharp objects from the chassis.
Broken vehicle frames suspended from the ground
in an unstable manner.
Leaking or damaged oil pan or gas tank which
could cause fire or explosion.
Exposed battery containing acid.
Inoperable locking mechanism for doors or trunks.
Open or damaged floor boards including trunk
and fire wall.
Damaged bumpers pulled away from the perimeter
of vehicle.
Broken grill with protruding edges.
Loose or damaged metal trim and clips. broken
communications equipment and antenna.
Suspended on unstable supports.
Such other defects which could threaten the
health, safety and welfare of the citizens of the Borough of Eagles
Mere.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the county as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of any such person and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
An individual corporation, partnership, or any other group
acting as a unit.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Includes the following:
The physical condition or use of any premises
regarded as a public nuisance at common law.
Any physical condition, use or occupancy of
any premises appurtenances considered an attractive nuisance to children,
including but not limited to abandoned wells, shafts basements, excavations
and unsafe fences or structures.
Any premises which has unsanitary sewage or
plumbing facilities.
Any premises designated as unsafe for human
habitation or use.
Any premises which is manifestly capable of
being a fire hazard or are manifestly unsafe or unsecure as to endanger
life, limb or property.
Any premises from which the plumbing, heating
and/or facilities required by this code have been removed or from
which utilities have been disconnected, destroyed or rendered ineffective
or the required precautions against trespassers have not been provided.
Any premises which is unsanitary or which is
littered with rubbish or garbage or which has an uncontrolled growth
of weeds.
Any structure or building that is in a state
of dilapidation, deterioration or decay, faulty construction overcrowded,
open, vacant or abandoned, damaged by fire to the extent as not to
provide shelter, in danger of collapse or failure and dangerous to
anyone on or near the premises.
Combustible and noncombustible waste materials except garbage.
[Amended 1-5-2009 by Ord. No. 2009-01]
That which is built or constructed, including without limitation
because of enumeration, buildings for any occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open-grade steps, sidewalks or stairways, tents
or anything erected and framed of component parts which is fastened,
anchored or rests on a permanent foundation or on the ground.
All waste plant materials, including tree trunks, branches
and twigs, leaves, weeds, yard and grass trimmings, and other plant
waste.
[Added 1-5-2009 by Ord. No. 2009-01]
A.
All exterior property areas and premises shall be
maintained in a clean, safe and sanitary condition, free from any
significant accumulation of rubbish or garbage except:
[Amended 1-5-2009 by Ord. No. 2009-01]
B.
Containers. The operator of every establishment producing
garbage, a vegetable waste or other putrescible material shall provide,
and at all times cause to be used, leakproof approved containers provided
with close-fitting covers for the storage of such materials until
removed from the premises for disposal.
C.
Grading and drainage. All premises shall be graded
and maintained so as to prevent the accumulation of stagnant water
thereon, or within any structure located thereon. Stagnant water shall
be determined as any accumulation that has not dispersed within seven
days of the last recorded local rainfall. Exceptions: naturally occurring
low areas and, when approved by the Code Official, water retention
areas, ponds, and reservoirs.
[Amended 1-5-2009 by Ord. No. 2009-01]
D.
Insect and rat control. An owner of a structure or
property shall be responsible for the extermination of insects, rats,
vermin or other pests in all exterior areas of the premises, except
that the occupant shall be responsible for such extermination in the
exterior areas of the premises of a single-family dwelling. Whenever
infestation exists in the premises of other than a single-family dwelling,
extermination shall be the responsibility of the owner.
E.
Plant height. All lots shall be maintained free from
weeds or plant growth, in excess of 10 inches in height, except for
cultivated plants and gardens, trees and shrubs, and areas that are
wooded or maintained in a natural state.
[Amended 1-5-2009 by Ord. No. 2009-01]
F.
Public nuisance. All exterior property areas and premises
shall be maintained in such a manner so as not to constitute a public
nuisance.
G.
Motor vehicles in residential areas. Not more than
one currently unregistered and/or uninspected motor vehicle shall
be parked on any property in a residential district, and said vehicle
shall not at any time be in a state of disassembly, disrepair, nor
shall it be in the process of being stripped or dismantled. A vehicle
of any type shall not at any time undergo major overhaul, including
body work, in a residential district unless said work is performed
inside a structure or similarly enclosed area designed and approved
for such purposes. In addition, not more than one currently unregistered
and/or uninspected motor vehicle shall be parked on any property in
a residential district if such motor vehicle constitutes a motor vehicle
nuisance.
A.
General. The Code Official shall enforce all provisions
of this chapter.
B.
Notices and orders. The Code Official shall issue
all necessary notices and orders to abate illegal or unsafe conditions
to ensure compliance with this chapter's requirements for the safety,
health and general welfare of the public.
C.
Inspections. In order to safeguard the safety, health
and welfare of the public, the Code Official is authorized to enter
any structure, premises or exterior property area at any reasonable
time for the purpose of making inspections and performing duties under
this chapter.
D.
Right of entry. If any owner, occupant or other person
in charge of a structure, premises or exterior property area subject
to the provision of this Code refuses, impedes, inhibits, interferes
with, restricts or obstructs entry and free access to any part of
the structure or premises where an inspection authorized by this chapter
is sought, the administrative authority shall be permitted to seek,
in a court of competent jurisdiction, an order that such owner, occupant
or other person in charge shall cease and desist with such interference.
E.
Access by owner or operator. Every occupant of a structure,
premises or exterior property area shall give the owner or operator
thereof, or agent or employee, access to any part of such structure,
premise or exterior property area, at reasonable times for the purpose
of making such inspection maintenance, repairs or alterations as are
necessary to comply with the provisions of this chapter.
F.
Notice to owner or to person or persons responsible.
Whenever the Code Official determines that there has been a violation
of this chapter or has reasonable grounds to believe that a violation
has occurred, notice shall be given to the owner or the person or
persons responsible therefore in the manner described below.
G.
Manner of notice. The notice provided by the Code
Official shall be in writing, include a description of the real estate
sufficient for identification, include a statement of the reason or
reasons why it is being issued, include a correction order allowing
a reasonable time for the repairs and improvements required to bring
the structure, premises or exterior property area into compliance
with the provisions of this chapter.
A.
Unlawful acts. It shall be unlawful for any person,
firm or corporation to erect, construct, alter, extend, repair, remove,
demolish, use or occupy any structure, premises or exterior property
area, or cause the same to be done, contrary to or in conflict with
or in violation of any of the provisions of this chapter.
B.
Penalty. Any person, firm or corporation who or which
shall violate any provision of this chapter shall, upon conviction
thereof, be subject to a fine of more than $1,000, plus costs, and
in default of payment of said fine and costs to imprisonment for a
term not to exceed 30 days. Each day that a violation continues after
due notice has been served, in accordance with the terms and provisions
hereof, shall be deemed a separate offense.
[Amended 1-3-2000 by Ord. No. 2000-1]
C.
Borough permitted to perform work. If the tenant,
occupant or owner of the exterior property area permits or causes
said property to be maintained in violation of this chapter, the borough
may, after providing said tenant, owner or occupant 20 days' prior
written notice, correct the matter giving rise to the violation at
borough expense and may thereafter collect all costs and expenses,
plus 10% incurred in connection with correcting the violation by filing
a municipal claim or by an action in assumpsit.
