[HISTORY: Adopted by the City Council of the City of Pottsville 9-10-2012 by Ord. No.
820; amended in its entirety 7-11-2016 by Ord. No. 858. Subsequent amendments
noted where applicable.]
Lack of maintenance of properties, littering, improper storage
of trash and rubbish, storage of inoperable/nonregistered vehicles,
vendor operations without permits and accumulation of snow and ice
are costly problems that contribute to the deterioration of property
values and general disorder in a community. These problems degrade
the physical appearance of the City which reduces business and tax
revenue, inhibiting economic development. The quality of life and
community pride of the citizens of Pottsville are negatively impacted
by the occurrences and existence of these activities. Recognizing
these are community problems, the purpose of this chapter is to promote
the health, safety and general welfare of the City by helping to create
a clean environment for the citizens of Pottsville.
The provisions of this chapter shall apply to all existing and
future properties and structures.
The following words, terms and phrases when used in this chapter
shall be defined as follows, unless context clearly indicates otherwise:
Any person 18 years of age or older.
Any material upon the premises that is a residue of structural
demolition, or any other material that is not neatly stored, stacked
or piled in such a manner so as not to create a nuisance or become
a harboring place or food supply for insects and rodents.
Includes, but is not limited to, depositing of litter, depositing
durable goods (refrigerators, washers, dryers, etc.), small appliances,
furniture, carpets, tires, vehicles, vehicle parts and automotive
products and other such municipal waste, hazardous waste, residual
waste and construction or demolition debris on public or private property,
except as authorized.
One or more rooms, including a kitchen or kitchenette and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Any and all pieces of furniture which are made for only inside
use including, but not limited to, upholstered chairs and sofas, etc.
Includes any vehicle which presents a hazard or danger to the
public or is a public nuisance by virtue of its state or condition
of disrepair. The following conditions, if present, are examples of
a state or condition of disrepair:
Rusted and/or jagged metal on or protruding from the body of
the vehicle.
Broken glass or windows on or in the vehicle.
Leaking of any fluids from the vehicle or deflated or flat tire(s).
Unsecured and/or unlocked doors, hood or trunk.
Storage or placement of the vehicle in an unbalanced condition,
on concrete blocks or other similar apparatus.
Harboring of rodents, insects or other pests.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also "nuisance
motor vehicle."
Any person who grants a lease or otherwise permits the use
of his real estate or portion thereof for a consideration, monetary
or otherwise.
Includes, but is not limited to, all waste material, garbage,
trash, i.e., waste paper, tobacco products, wrappers, food or beverage
containers, newspapers, etc., municipal waste, human waste, domestic
animal waste, furniture or motor vehicle seats, vehicle parts, automotive
products, shopping carts, construction or demolition material, recyclable
material, dirt, mud and yard waste that has been abandoned or improperly
discarded, deposited or disposed.
Includes any type of mechanical device, capable or at one
time capable of being propelled by a motor, in which persons or property
may be transported upon public streets or highways, and including
trailers or semitrailers pulled thereby.
A motor vehicle with one or more of the following defects:
Broken windshields, mirrors or other glass, with sharp edges.
Broken headlamps, tail lamps, bumpers or grills with sharp edges.
Any body parts, truck, firewall or floorboards with sharp edges
or large holes resulting from rust.
Protruding sharp objects from the chassis.
Missing doors, windows, hoods, trunks or other body parts that
could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
Any vehicle suspended by blocks, jacks or other such materials
in a location which may pose a danger to the public property, owners,
visitors or residents of the property on which said vehicle is found.
Any excessive fluids leaking from vehicle which may be harmful
to the public or the environment.
Disassembled body or chassis parts stored in, on or about the
vehicle.
Vehicles that do not display a current valid license and registration.
Such other defects which the Fire Department determines to be
a danger to the general public or property.
Motor vehicles parked, drifted or otherwise located which may
interfere with flow of pedestrian or automobile traffic or impede
emergency efforts.
Any person who lives in or has possession of, or holds an
occupancy interest in a dwelling unit; or any person residing in or
frequenting the premises of the dwelling unit with the actual or implied
permission of the owner or lessee.
Any condition or premises which is unsafe or unsanitary.
Any police officer, authorized inspector, or public official
designated by the Mayor and/or City Council to enforce the City ordinances.
The total width of any land used, reserved or dedicated as
a street, alley, driveway, sidewalk or utility easement, including
curb and gutter areas.
Includes material which would otherwise become municipal
waste, which can be collected, separated or processed, and returned
to the economic mainstream in the form of raw materials or products.
Such materials may include, but not be limited to, aluminum cans,
ferrous and bimetal cans, glass containers, plastic bottles and containers,
and paper.
That person or persons who has the use of real estate of
a landlord and is responsible for the giving of any type of consideration
therefor, but excluding those who are tenants for a period of less
than 30 days.
Any garbage, refuse, industrial, lunchroom or office waste,
and other material, including solid, liquid, semisolid, or contained
gaseous material resulting from operation of residential, municipal,
commercial, or institutional establishments or from community activities
and which is not classified as residual waste or hazardous waste as
defined herein. The term does not include source-separated recyclable
materials.
The following shall be considered quality of life violations:
A.
Accumulation of rubbish, garbage, junk or litter.
(1)
All exterior property and premises, and the interior of every structure,
shall be kept free from any accumulation of waste, trash, rubbish,
debris or garbage.
(2)
It is prohibited to store or place any/all appliances or furniture,
including, but not limited to, ranges, refrigerators, air conditioners,
ovens, washers, dryers, microwaves, TVs, computers or electronic components,
dishwashers, mattresses, recliners, sofas, interior chairs or interior
tables on the exterior of any property for the purpose of sale or
any other reason except for removal or the temporary purpose to perform
maintenance in said property.
(3)
Refrigerators and similar equipment, including, but not limited to,
washers, dryers, dishwashers and ranges not in operation shall not
be discarded, stored or abandoned on any premises without first removing
the doors.
B.
Storing of hazardous material. It shall be unlawful for any person,
business or entity to store combustible, flammable, explosive or other
hazardous materials, including, but not limited to, paints, volatile
oils and cleaning fluids or combustible rubbish, including, but not
limited to, wastepaper, boxes or rags unless the storage of said materials
is in compliance with the applicable fire and/or building codes, and
at least 10 feet away from the public right-of-way.
C.
Storing of recyclables. Storage of recyclables is only permitted
in approved containers which must be kept clean and sanitary at all
times.
D.
Storage containers for waste or trash.
(1)
All containers that store waste or trash shall be durable, watertight
and made of metal or plastic, have tight fitting covers and must be
kept clean and odor free at all times.
(2)
All containers must be stored so said containers are not visible
from the public right-of-way.
(3)
Waste/trash containers may only be placed in front of any property
when darkness occurs the night before the day of the scheduled pickup
day, and all containers must be returned to their storage area before
daybreak on the day following pickup.
E.
Littering, scattering rubbish or dumping.
(1)
No person shall throw, dump, place, sweep or dispose of any litter,
waste, trash, garbage, tobacco product or rubbish upon any public
sidewalk, alley, street, bridge, public passageway, public parking
area or on any public property.
(2)
The improper disposal of rubbish or garbage or dumping or disposing
of rubbish or garbage on vacant, unoccupied, or other property is
prohibited.
F.
Motor vehicles.
(1)
It shall be unlawful to store, park or place any unregistered, uninspected,
inoperative, unlicensed, junked or nuisance motor vehicle or trailer
on any premises not designated for that use.
(2)
Painting of vehicles is prohibited unless conducted inside an approved
spray booth.
(3)
Vehicle repairs/maintenance in a residential district. No person
shall operate repairs for profit in residential districts. This would
include vehicles not owned by the property occupant/owner and use
of repairs and storage on or off street. A zoning variance and licensing
would be required to operate such businesses in residential districts.
G.
Placement or littering by private advertising matter.
(1)
No person shall throw, place, sweep or dispose of lifter or private
advertising matter upon any public sidewalk, alley, street, bridge,
public passageway, public parking area or any public property.
(2)
No person, group, organization or entity will hang, place or advertise
on any public property in any manner.
(3)
No person, group, organization or entity will hang, place or advertise
on any property that they do not have any ownership rights to without
written approval of said owner.
H.
Animal maintenance and waste/feces cleanup. People owning, harboring,
keeping or responsible for an animal within the City of Pottsville:
(1)
Shall not permit them to run at large or make unreasonable noise.
(2)
Shall not allow waste matter/feces from the animal to collect or
remain on their property so as to cause or create an unhealthy, unsanitary,
dangerous or offensive living condition and shall clean it up on a
daily basis.
(3)
Shall clean up waste matter/feces from the animal deposited anywhere
else in the City immediately.
(4)
Owners
must register dogs annually and show proof of rabies inoculation.
Dogs must wear their registration tags at all times and be leashed
when off-property.
[Added 3-13-2023 by Ord. No. 909]
I.
Insects or vermin. Infestation of insects or vermin shall not be
allowed to continue, and the owner or occupant of any infested property
shall report same to the Health Officer of the City of Pottsville
and take appropriate steps to abate said infestation without unnecessary
delay. Failing to do so is a violation.
J.
High weeds, grass, plant growth or standing water. All premises and
exterior property shall be maintained free from weeds, or plant growth
in excess of eight inches as defined herein, and water shall not be
allowed to stand or accumulate in a manner that would attract insects
or vermin.
K.
Snow and ice removal from sidewalks.
(1)
Every owner, tenant, occupant, lessee, property agent or any other
person who is responsible for any property within the City of Pottsville,
is required to remove any snow or ice from his sidewalk and shall,
within the first 12 hours after every fall of snow or sleet or formation
of ice upon the sidewalks, cause the same to be removed from the sidewalks
to within one foot of the curbline opposite the entire frontage of
such dwelling house, store, building or vacant lot.
(2)
No person shall cast, discharge, throw, shovel or place or cause
to be cast, discharged, thrown, shoveled or placed into or onto the
traveled portion of any street or alley, by any means whatsoever,
any snow, slush or ice.
L.
Swimming pools.
(1)
Swimming pools shall be maintained in good repair at all times. They
shall also be kept clean, safe, sanitary, and covered when not in
regular use.
(2)
It shall be unlawful for any person to install an in-ground pool,
aboveground pool, or temporary pool (inflatable, or any pool that
can be taken down each year) without proper permits, inspections,
and safeguards in place (fences, locking gates or ladders, proper
electrical grounding). Any pool that can hold 24 inches of water or
more is subject to permits, inspections and safeguards.
M.
Compliance with HARB regulations. No changes shall be made to a building
or other structure within the Historical District contrary to HARB
permits, approvals or regulations.
N.
Vending license violations.
(1)
It shall be unlawful for any person, business, partnership or entity
to operate, including, but not limited to, any business, vending cart,
food cart, yard sale, store or establishment without the proper permits.
(2)
It shall be unlawful to violate any term, part, portion or in total,
of any vending license. Any person, business, partnership or entity
violating its vending license, shall be in violation of this chapter.
O.
Storing or serving of potentially hazardous food. No person, business,
partnership or entity shall store or serve potentially hazardous food,
including, but not limited to, out-of-date food, food being stored
above or below the appropriate temperature, food being stored directly
on a flooring surface, in the presence of infestation problems or
serving food that had previously been opened.
P.
Registration of tenants.
(1)
It shall be unlawful for a landlord to allow adult tenants or occupants
to reside within the City of Pottsville without registering them with
the office of the City Treasurer of the City of Pottsville. Tenants
or occupants must be registered within 10 days of their moving into
the building.
(2)
It shall be unlawful for a tenant to allow adults to reside within
their dwelling unit without their being registered with the City Treasurer
of the City of Pottsville. Tenants or occupants must be registered
within 10 days of their moving into the building.
(3)
It shall be unlawful for an adult to reside in a leased or rented
dwelling unit without being registered with the City Treasurer of
the City of Pottsville. Tenants or occupants must be registered within
10 days of their moving into the building.
Q.
Permits and approvals.
(1)
(2)
Temporary dumpster permits are required. Each temporary dumpster,
whether placed on private property or in a public right-of-way, shall
have a valid permit issued by the City of Pottsville.
(3)
Illegal signs/billboards. No person or business shall construct and
display a sign/advertisement without the appropriate approval and
permit from the City of Pottsville.
(4)
Working without a license. No person shall work within the City of
Pottsville without a business license and proof of insurance, which
shall be supplied to the Code Enforcement Office.
Upon finding a quality of life violation, any public officer
of the City of Pottsville, appointed by the Mayor and/or City Council
of the City of Pottsville, may issue quality of life violation tickets
and/or citations to the owner and/or occupant of the property at issue
or to the individual known to have violated this chapter.
A violation ticket may be served upon a violator by handing
it to the violator or his/her agent, by handing it to an adult member
of the household or other person in charge of the residence, by leaving
or affixing the notice or violation ticket to the property where the
violation exists, by handing it at any office or usual place of business
of the violator, or to the person for the time being in charge thereof,
or by mailing the violation ticket to the violator's address of record.
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate violation ticket
may be issued and fine imposed.
Public officers are hereby authorized to promulgate rules and
regulations to implement and supplement the provisions of this chapter.
A.
Any person or business violating this chapter is hereby directed
to satisfy the City of Pottsville, upon issuance of a quality of life
ticket, by correcting the violation in question. Public officers are
authorized and empowered to cause a violation to be corrected.
B.
The City of Pottsville reserves the right to abate the violation
in question at the expense of the owner. If the City has effected
the abatement of the violation, the cost thereof may be charged to
the owner of the property, tenant or offending party. A bill/invoice
will be generated to the violator for payment separate from the quality
of life ticket which will also be paid separately.
C.
City of Pottsville cleanup. The City reserves the right to perform
any necessary work to abate any violation once 72 hours passes from
the date of issuance of the quality of life ticket. Should the violation
at the discretion of the appropriate officer(s) present imminent danger
and/or pose a health hazard and/or risk, the City reserves the right
to perform the abatement immediately. The City will perform this work
at a rate of $60 per hour, per man and forward the cost of any material
necessary for the abatement. The City reserves the right to charge
an additional 20% on all material purchases to cover all miscellaneous
expenses such as wear and tear on equipment.
D.
Contractor cleanup. The City reserves the right to direct a contractor
to perform the abatement of the violation in question once 72 hours
passes from the date of issuance of the quality of life ticket. Should
the violation present imminent danger and/or pose a health hazard
and/or risk, the City reserves the right to direct the contractor
to perform the abatement immediately. The contractor will submit a
bill for his work to the City of Pottsville, and the City will forward
these costs to the violator. The City reserves the right to add a
processing fee of 30% in addition to the cost of the contractor.
[Amended 3-13-2023 by Ord. No. 909]
Any person who violates this chapter shall pay a fine as set
forth herein for each offense plus all direct and indirect costs incurred
by the City for the cleanup and abatement of violation.
A.
Violation ticket fines. For a violation of this chapter, violation
tickets shall be issued in the mount listed below:
B.
Failure to respond. If a person fails to make payment or request
a hearing within 30 days of violation ticket, the ticket will be turned
over to a collection agency for failure to pay.
C.
Repeated violation. Upon issuance of four tickets for the same violation,
right is reserved for a Public Officer to issue a citation for fifth
and subsequent offenses.
D.
Continuous or egregious violations. If violations are continuous
or egregious, a Public Officer has the right to issue a citation without
first issuing a ticket, provided notice has been given. Any previously
issued violation tickets will be considered as notice given.
E.
Citation fines. Any person, firm or corporation who shall fail, neglect
or refuse to comply with any of the terms or provisions of this chapter,
or of any regulation or requirement pursuant hereto and authorized
hereby shall, upon conviction, be ordered to pay a fine of not less
than $300, not more than $1,000 on each offense or imprisoned no more
than 90 days, or both.
A.
A person in receipt of a violation ticket may appeal to the City
Administrator's office by filing his appeal request in writing on
a form to be provided within 15 calendar days of the date of the violation
ticket, stating his reasons for appeal, and accompanied by the appropriate
fine amount.
B.
If abatement or other costs were associated with the violation, these
may be required to be posted, at the City Administrator's sole discretion,
along with the appeal.
C.
The violator may request an opportunity to meet in person with the
City Administrator concerning their appeal, and the request may be
granted at the sole discretion of the City Administrator, who may
also deem it appropriate to consult with the public officer(s) involved
in the matter or any other concerned parties.
D.
Within 30 days of the appeal date, the City Administrator may decide
to uphold the appeal, deny the appeal, or may modify the violation
ticket and/or any associated costs, fines or penalty amounts as he/she
deems appropriate, and will issue written notice of the decision,
along with any refunds applicable.
[Amended 3-13-2023 by Ord. No. 909]
If a property owner does not remit to the City assessed fees as identified in § 171-10, the City Treasurer is hereby empowered to certify the amount due to the City and remit that amount for collection. In addition to the full amount due to the City, the property owner will also be responsible to pay administration fees assessed to the account by the collection entity. If the collection efforts are exhausted, that amount will be provided to the City Solicitor. The amount due shall then be a lien upon such premises from the time the lien is filed. The amount due shall also include filing fees, satisfaction fees, and attorney's fees. All of the above shall constitute the lien on said property.
At the discretion of the City of Pottsville, liens may be placed
upon a property against which tickets were issued for which payment
is not received within 45 days of issuance of a ticket for which an
appeal is not taken and 45 days from denial of appeal and monies paid
by the City of Pottsville for abatement of a violation and not paid
within 45 days of billing.
The penalty and collection provisions of this section shall
be independent, not mutually exclusive, separate remedies, all of
which shall be available to the City of Pottsville as may be deemed
appropriate for carrying out the purposes of this chapter. The remedies
and procedures provided in this chapter for violation hereof are not
intended to supplant or replace to any degree the remedies and procedures
available to the City in the case of a violation of any other City
of Pottsville Code or Codified Ordinances, whether or not such other
code or ordinance is referenced in this chapter and whether or not
an ongoing violation of such other code or ordinance is cited as the
underlying ground for a finding of a violation of this chapter.
Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, that decision
shall not affect the validity of this chapter as a whole or any part
thereof, other than the part so declared to be invalid.
This chapter shall become effective immediately upon approval.
