[HISTORY: Adopted by the Borough Council
of the Borough of Dover 4-2-2001 by Ord. No. 2001-1. Amendments noted where
applicable.]
This chapter may be known as the "Building and
Property Maintenance Ordinance."
It is hereby found and declared that there exists
in the Borough structures used for residential and nonresidential
use which are, or may become in the future, substandard with respect
to structure, equipment or maintenance, or further, that such conditions,
including, but not limited to, structural deterioration, lack of maintenance
and appearance of exterior of premises, infestation, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards, and unsanitary conditions constitute a menace to the health,
safety, morals, welfare and reasonable comfort of the citizens and
inhabitants of the Borough. It is further found and declared that
by reason of lack of maintenance and because of progressive deterioration,
certain properties have the further effect of creating blighting conditions
and initiating slums, and that if the same are not curtailed and removed,
the aforesaid conditions will grow and spread and will necessitate
in time the expenditure of large amounts of public funds to correct
and eliminate the same, and that by reason of timely regulations and
restrictions as herein contained, the growth of slums and blight may
be prevented and the neighborhood and property values thereby maintained,
the desirability and amenities of residential and nonresidential uses
and neighborhoods enhanced and the public health, safety and welfare
protected and fostered.
The purpose of this chapter is to protect the
public health, safety, morals and welfare by establishing minimum
standards governing the maintenance, appearance, condition and occupancy
of residential and nonresidential premises; to fix certain responsibilities
and duties upon owners and operators; to provide for the repair and
maintenance of deteriorated structures within the Borough; and to
provide penalties for the violation of this chapter.
A.
Maintenance required. All buildings and structures,
and all parts thereof, shall be maintained in a safe, sanitary and
nonhazardous manner. All means of egress, devices, safeguards and
equipment shall be kept in good working order. The exterior of all
premises and the condition of all buildings, structures and components
thereon shall be maintained so as to prevent and repair deterioration,
so that the appearance thereof shall reflect a reasonable level of
maintenance and so as to ensure that the property itself may be preserved
safely and that hazards to public health and safety are avoided.
B.
Maintenance standards.
(1)
Maintenance of structures. Each owner and occupant
shall keep all exterior components of every structure in good repair,
including but not limited to, walls, roofs, chimneys, cornices, gutters,
downspouts, drains, porches, steps, landings, fire escapes, exterior
stairs, windows, shutters, doors, storefronts, signs, marquees and
awnings.
(a)
All surfaces shall be covered with a protective
coating, such as paint, plastic or other material which preserves
the structure and does not contribute to deterioration.
(b)
All surfaces shall be maintained free of deterioration,
including but not limited to, broken glass, loose or missing shingles
or siding, crumbling brick, stone and mortar, and peeling, scaling
or deteriorated paint.
(c)
Overhanging structures, including canopies,
marquees, signs, awnings, exterior stairways, fire escapes and other
structures with overhanging extensions shall be maintained in good
repair, be securely anchored to the structure, and be protected from
rust and other signs of decay by application of a weather protective
material such as paint. Nonoperative or broken electrical signs shall
be repaired or removed. All obsolete signs and sign structures shall
be removed.
(d)
Except for display merchandise in nonresidential
buildings, no storage of materials, goods, stock or inventory shall
be permitted in building openings ordinarily exposed to public view
unless such areas are screened from public view. All such screening
shall be of clean material and will be maintained in a good state
of repair.
(2)
Maintenance of accessory structures. Each accessory
structure shall be subject to the maintenance standards set forth
above. Further, each accessory structure shall:
(a)
Provide weatherproof usable space and shall
not harbor rodents, termites or other vermin.
(b)
All business, servicing or processing, except
for off-street loading, and except for sales of plants, shrubs and
trees, shall be conducted within enclosed buildings.
(c)
In nonresidential districts, storage shall be
within enclosed buildings or effectively screened from view by plantings.
(d)
In residential zones, all outdoor storage for
a continuous period exceeding 15 days shall be within enclosed buildings
or it shall be effectively screened from view. However, the storage
of functional items such as children's play structures, firewood and
operable vehicles and bicycles shall be exempt from this provision.
(e)
Inoperable vehicles must be stored within an
enclosed building.
(3)
Maintenance of premises and landscape elements.
(a)
All premises and landscape elements shall be
maintained in a safe and sanitary condition, including but not limited
to, steps, walks, driveways, fences, retaining walls, trees, shrubs,
grass and weeds. If any such area or object constitutes a danger to
health or safety, it shall be repaired, replaced or removed.
(b)
All paved driveways and walks which exist within
the public right-of-way shall be maintained in safe condition.
(c)
All fences, retaining walls or similar structures
shall be firmly anchored in the ground and maintained in good structural
repair. Wooden elements or other elements subject to deterioration
from weathering shall be maintained with chemicals or paint to preserve
the element and to retard deterioration.
(d)
Weeds and grass shall be kept trimmed and from
becoming overgrown.
(e)
Trees and shrubs which have branches projecting
into the public right-of-way, including public sidewalks, public places
or public highways, shall be kept trimmed to prevent interference
with any person or vehicle lawfully using the right-of-way.
(f)
Trees and shrubs afflicted with a form of decay
or vegetation sickness which can be transmitted to other trees or
shrubs shall be removed or shall be treated or sprayed by the owner
or occupant of the property so as to eliminate the risk of any such
decay or vegetation sickness being transmitted to other trees. Dead
trees in proximity to rights-of-way, buildings, structures or congregations
of people which may endanger such objects shall be removed.
(g)
All yards, courts or lots shall be kept free
of accumulation of trash, garbage waste, rubbish, refuse, junk and
other noxious or offensive materials or substances which may cause
a fire hazard or may act as a breeding place for vermin or insects.
Storage of miscellaneous items must be within enclosed structures
or screened as required in the Zoning Ordinance.[1]
(h)
All portions of all premises shall be graded
so that there is no pooling of water or recurrent entrance of water
into any basement or cellar. All condensate and waste cooling water
shall be discharged into the storm sewer system in accordance with
a sketch or plan approved by the Borough Engineer.
A.
Whenever any person shall fail to maintain a building,
structure or a property in the Borough in a safe, sanitary and nonhazardous
manner, the Borough Council may direct the appropriate Borough official
to cause a written notice identifying such property to be issued to
the person responsible for such property. Such notice shall be addressed
to such person at that person's post office address or by publication
two times within 10 consecutive days if the person's address is not
known, and such notice shall direct the repair and maintenance of
the building, structure or property.
B.
Such notice shall set forth that, in the event the
person should fail to perform the appropriate repairs and maintenance,
the Borough may at once cause the same to be repaired and charge the
cost and expense incurred in making repairs to the person and to file
a lien against the property as permitted by the Borough Code.
C.
In the event the person refuses or fails to perform
the appropriate repairs in the time provided herein, the Borough Council
may have the repairs performed in a reasonable and prudent manner
and the cost of repairing the premises shall be charged against the
person failing to make the repairs. It is hereby provided that such
cost charged to such repairs shall include general overhead of administrative
expense of inspection, locating the owner, issuing a notice, reinspection,
ordering work done, actual work done, labor incurred, together with
all necessary incidence of the same and direct costs. Notwithstanding
the aforesaid, any costs shall include a minimum charge of $25 for
administrative expenses. Such expenses, at the direction of Borough
Council, shall be collected from such person in accordance with law,
including the same being entered as a municipal lien against the property
where repairs were performed, provided that the owner was given notice
of the repairs, together with 10% penalty and 10% for attorney's fees,
together with interest and court costs.
D.
The Borough may proceed with an action at law or in
equity to require the owner or other appropriate person to repair
and properly maintain the premises, and the Borough proceeding with
such legal action shall not prohibit the Borough from seeking to impose
other penalties prescribed by this chapter.
In addition to or separate from the action for repairs as set forth in § 68-5, any person violating this Chapter or any part thereof may be charged and shall, upon conviction, pay a fine of not more than $1,000, and in default of the payment of such fine, shall be imprisoned for a period of not more than 30 days. After the initial notice, each day that the property remains in a state of disrepair shall be deemed to be a separate offense and shall be subject in all respects to the same penalties as the first offense, and separate proceedings may be instituted and separate penalties imposed for each such day's offense.
