[HISTORY: Adopted by the Borough Council
of the Borough of Pen Argyl as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-1-2004 by Ord.
No. 597, approved 6-1-2004; amended in its entirety 6-12-2007 by Ord. No. 633, approved 6-12-2007]
A certain document, three copies of which are filed in the office of the Borough Secretary of the Borough of Pen Argyl, being marked and designated as the "2006 International Property Maintenance Code," be and hereby is adopted as the Property Maintenance Code for the Borough of Pen Argyl for the maintenance, upkeep and control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said 2006 International Property Maintenance Code are hereby referred to, adopted and made a part hereof as if fully set out in this article, with the additions, insertions and changes, if any, prescribed in § 84-2 of this article.
The following sections of the 2006 International Property Maintenance
Code are hereby revised as follows:
A.
Section 101.1 is revised to read as follows:
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§ 101.1 Title. These regulations shall
be known as the Property Maintenance Code of the Borough of Pen Argyl,
hereinafter referred to as "this Code."
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B.
Section 103.2 is revised to read as follows:
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§ 103.2 Appointment. The Code Official
shall be appointed by Borough Council and shall serve at the pleasure
of Council. In the alternative, Council may contract with an independent
contractor who shall also be terminable at will unless otherwise provided
for in said contract.
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C.
Section 103.3 is revised to read as follows:
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§ 103.3 Deputies. In accordance with
the prescribed procedures of the Borough of Pen Argyl and in accordance
with the Borough Code (53 P.S. § 45101 et seq.), Borough
Council may appoint or designate one or more additional Code Officials
to serve as deputies or alternates.
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D.
Section 103.4 is revised to add a paragraph to read as follows:
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In the event Borough Council shall contract with an independent
contractor to serve as its Code Official, then the Borough shall have
the right to insist that that outside contractor provide liability
insurance in an amount acceptable to the Borough, with the Borough
of Pen Argyl listed as an additional insured.
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E.
Section 104.3 is revised to add a paragraph to read as follows:
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The Code Official shall conduct inspections whenever complaints
are received, except that it shall be the duty of the Code Official
to conduct a Property Maintenance Code inspection upon receiving notice
that a property within the Borough of Pen Argyl is under agreement
of sale, or, in the alternative, has been conveyed to a new owner,
or upon receiving notice that a tenant or occupant of a particular
building or of one unit in that building has changed.
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F.
Section 106.4 is revised to read as follows:
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§ 106.4 Violations and penalties. Any
person who shall violate a provision of this Code, or fail to comply
with a notice of violation or order issued under this Code, may be
prosecuted before a District Justice, and if found guilty, said violation
shall constitute a summary offense, and the individual may be sentenced
to pay a fine of not less than $300 or not more than $1,000 in addition
to imprisonment for not less than 30 days. Each day that a violation
continues after notice of violation has been served shall be deemed
a separate offense. The reasonable attorney fees of the Borough incurred
in said prosecution may be recovered as a part of said prosecution.
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G.
Section 111.2 is revised to read as follows:
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§ 111.2 Membership of Board. All members
of Borough Council shall be entitled to sit and hear said appeals.
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H.
Section 111.4 is revised to read as follows:
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§ 111.4 Open hearing. All hearings before
the Board shall be open to the public and shall be conducted as a
local agency hearing, pursuant to the provisions of the Local Agency
Law (2 Pa.C.S.A. § 701 et seq.).
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[Adopted 12-15-2016 by Ord. No. 690, approved 12-15-2016]
Lack of maintenance of properties, improper storage of trash
and rubbish, storage of inoperable/nonregistered vehicles, 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 Borough, which reduces business
and tax revenue, inhibiting economic development. The quality of life
and community pride of the citizens of Pen Argyl are negatively impacted
by the occurrences and existence of these activities. Recognizing
these are community problems, the purpose of this article is to promote
the health, safety and general welfare of the Borough by helping to
create a clean environment for the citizens of Pen Argyl.
The following words, terms, and phrases, when used in this article,
shall be defined as follows, unless context clearly indicates otherwise:
The animal or vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
Any waste material or a combination of solid, liquid, semisolid,
or contained gaseous material that because of its quantity, concentration,
physical, chemical, or infectious characteristics may:
Cause, or significantly contribute to an increase in, mortality
or an increase in serious irreversible or incapacitating illness.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
Waste which would be chemically or physically classified
as a hazardous waste, but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection, and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations. Such HHW materials meet one of the
following four classifications: toxic, flammable, reactive, or corrosive.
HHW consists of numerous products that are common to the average household,
such as: pesticides and herbicides, cleaners, automotive products,
paints, and acids.
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
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, and dirt, mud and yard waste that has been abandoned or
improperly discarded, deposited, or disposed.
Any person residing or working within Pen Argyl Borough designated
to accept service on behalf of a legal owner or operator of a rental
dwelling unit.
A vendor or seller of food and/or goods from a vehicle or
other conveyance upon the public streets or alleys of the Borough
that does not typically remain stationary for more than approximately
10 minutes each hour.
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, hood, 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 the vehicle which may be harmful
to the public or the environment.
Disassembled body or chassis parts stored in on or about the
vehicle.
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 the flow of pedestrian or automobile traffic or impede
emergency efforts.
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 or organic waste.
A written document issued to a person in violation of a Borough
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the Borough, or causes a blighting effect in Borough neighborhoods.
See also the definition of "public nuisance."
A person, agent, operator, firm or corporation having a legal
or equitable interest in the property, or recorded in the official
records of the state, county or municipality as holding title to the
property, or otherwise having control of the property, including the
principals of a limited liability company or officer, director or
shareholder of a corporation if that individual is responsible for
the management and 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.
Every natural person, firm, corporation, partnership, association,
or institution.
Any land and the improvements thereon owned by any person
and includes front, side, and rear yards; vacant lots, buildings,
and other structural improvements; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial, or commercial purposes, whether inhabited, temporary,
continuously uninhabited, or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox belonging to or
appurtenant to such dwelling, house, building, or other structure.
Any conditions or premises which are unsafe or unsanitary.
Any police officer, authorized inspector, or public official
designated by resolution of the Borough to enforce the Borough 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.
Any discarded material or other waste, including solid, semisolid,
or contained gaseous materials, resulting from construction, industrial,
mining, and agricultural operations, excluding municipal water and
sewer operations.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery, and dust and other
similar materials.
The public right-of-way between the property line and the
curbline or the established edge of the roadway.
Any waste, including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
Any planting that is cultivated and managed for edible or
ornamental purposes, such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
A form issued by a police officer or public officer to a
person who violates a provision of this article. The violation ticket
is an offer by Pen Argyl Borough extended to a person to settle a
violation by paying the fine in lieu of a citation being issued against
the violator.
All grasses, annual plants, and vegetation, which meet any of
the following criteria:
Exceed six inches in height.
Exhale unpleasant noxious odors or pollen, such as ragweed,
dandelions, and miscellaneous other vegetation commonly referred to
as "weeds or brush," may conceal filthy deposits or serve as breeding
places for mosquitoes, other insects, or vermin.
May cause a public nuisance.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes, such as vegetable gardens, trees,
shrubs, flowers, etc.
An open space on the same lot with a structure.
A person, owner, or responsible person commits a public nuisance
violation by any of the following:
A.
Accumulation of rubbish or garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of waste, trash, rubbish, or garbage.
B.
Animal maintenance and waste/feces cleanup. People owning, harboring,
or keeping an animal within Pen Argyl Borough shall not permit any
waste matter/feces from the animal to collect and remain on the property
so as to cause or create an unhealthy, unsanitary, dangerous, or offensive
living condition. All waste from animals must be cleaned up on a daily
basis.
C.
High weeds, grass or plant growth. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of six
inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants, and vegetation. Cultivated flowers,
gardens, trees, and shrubs shall not be included as a violation of
this article.
D.
Motor vehicles. It shall be unlawful to store, park, or place any vehicle with one or more defects defined as a "motor vehicle nuisance" under this article. Painting of vehicles shall also constitute a motor vehicle nuisance unless conducted inside an approved spray booth conforming to Chapter 52 (Construction Codes, Uniform) of the Code of the Borough of Pen Argyl.
E.
Outside placement of indoor appliances/furniture. 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, 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 the temporary purpose
to perform maintenance on said property.
F.
Snow and ice removal from sidewalks and roofs. Every person in charge
or control of the building or lot of land fronting or abutting on
a paved sidewalk, whether as owner, tenant, occupant, lessee, or otherwise
within Pen Argyl Borough, shall remove and clear away, or cause to
be removed or cleared away, snow and/or ice from a path of at least
30 inches in width from so much of said sidewalk as is in front of
or abuts on said building or lot of land within 24 hours after the
cessation of any fall of snow, sleet or freezing rain. Furthermore,
any accumulation of snow and ice on said building or other structure
which is liable to fall on any sidewalk, roadway, or other public
way shall be removed and cleared away, or caused to be removed and
cleared away within a reasonable time, but not later than 24 hours
after the cessation of any fall of snow, sleet or freezing rain. Any
property that is deemed a business must have the entire sidewalk free
from any snow and ice. If and/or when the snow and/or ice cessation
happens during the hours of darkness, the time limit of removal of
all snow and ice begins at daybreak.
G.
Storage containers for waste or trash.
(1)
The owner of every premises shall supply approved containers for
waste/trash, as well as be responsible for the removal of rubbish.
All municipal waste from residential property shall be placed in containers
for collection by an authorized collector. The containers shall be
durable, watertight and made of metal or plastic. Secured tied plastic
bags may be used in cases where such bags can be used without being
tom open by domestic or wild animals. The size of each such container
shall not exceed a thirty-gallon capacity. However, large containers
designed for use with special hoisting equipment may be used if the
collector serving the residence uses collection vehicles with such
special hoisting equipment. Each municipal waste container shall be
located so as to be accessible to the collector at ground level and
at a point on the curbline of the street or within no less than 10
feet of the public street or alley right-of-way from which collection
from a vehicle can be made.
(2)
Storage of municipal waste on commercial, institutional and industrial
properties shall be done in the same type of containers as are required
for residential properties, except that containers larger than 30
gallons may be used, where needed, to accommodate larger volumes of
municipal wastes. Such containers shall be kept in good working order.
Containers for collection at commercial, institutional and industrial
properties shall be located on such premises at a place which shall
not interfere with public or private sidewalks, driveways, roads,
streets, highways or entrances and exits of public or private buildings.
(3)
Municipal waste containers shall not remain on the curb for longer
than 15 hours before a scheduled collection or longer than 15 hours
after collection.
Upon finding a public nuisance violation, any public officer
of Pen Argyl Borough may issue public nuisance violation tickets to
the owner and/or occupant of the property at issue or to the individual(s)
known to have violated this article.
A violation ticket shall be served upon a violator by handing
it to the violator, by handing it at the residence of the person to
be served 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, to his/her agent or to
the person for the time being in charge thereof, or by mailing the
notice 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 fine may be imposed.
A.
Any person or business violating this article is hereby directed
to satisfy Pen Argyl Borough and its citizens, upon issuance of a
public nuisance ticket, by correcting the violation in question. A
public officer is authorized and empowered to prescribe the time frame
in which the violation must be corrected.
B.
In the event the violation is not corrected within the time period
prescribed by the public officer in the public nuisance ticket, then
the Borough of Pen Argyl and/or its contractor, as selected by the
Borough, shall have the right to abate the violation in question at
the expense of the owner. A bill/invoice for the cost of correction
as set forth under this article will be generated to the violator
for payment separate from the public nuisance ticket.
C.
In all instances where the Borough abates the violation, in addition
to the fine set forth in the public nuisance ticket, the Borough is
authorized to recover from the offending party, the owner of the property,
or tenant the abatement charges and such other charges established
by the public officer and the rules and regulations.
(1)
Pen Argyl Borough cleanup. The Borough 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 Borough reserves the right to charge
an additional 20% on all material purchases to cover all miscellaneous
expenses, such as wear and tear on equipment.
(2)
Contractor cleanup. The contractor will submit a bill for its work
to Pen Argyl Borough, and the Borough will forward these costs to
the violator.
D.
Imminent harm. Should the public officer determine that the violation presents an imminent danger or poses an immediate health hazard and so notifies the violator in the public nuisance ticket, the Borough reserves the right to perform the abatement immediately either itself or through its contractors, billing the violator, the owner of the property and/or the tenant of the property the amount set forth in Subsection C hereof.
A.
For the first of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amount of $25 as
set forth on the chart below.
B.
For the second offense of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amount of $50, as
set forth on the chart below.
C.
For the third offense of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amount of $100, as
set forth on the chart below.
D.
For each offense subsequent to three offenses of this article within
a twelve-month period, amounts of violation tickets shall increase
in the amount of $100, accumulative for each subsequent offense.
E.
Any persons who receive a violation ticket for any violation of this
article shall, within 15 days, admit the violation and pay the fine
in full satisfaction.
F.
Any person who violates this article shall pay a fine as set forth
herein for each offense, plus all direct and indirect costs incurred
by the Borough for the cleanup and abatement of the violation.
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Table 84-11. Fines
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Violation
|
Description
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Fine 1
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Fine 2
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Fine 3+
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|
QOL-001
|
Accumulation of rubbish or garbage
|
$25
|
$50
|
$100
| |
|
QOL-002
|
Animal maintenance and waste/feces cleanup
|
$25
|
$50
|
$100
| |
|
QOL-003
|
High weeds, grass or plant growth
|
$25
|
$50
|
$100
| |
|
QOL-004
|
Motor vehicles
|
$25
|
$50
|
$100
| |
|
Q01,005
|
Outside placement of indoor appliances/ furniture
|
$25
|
$50
|
$100
| |
|
QOL-006
|
Snow and ice removal from sidewalks
|
$25
|
$50
|
$100
| |
|
QOL-007
|
Storing containers for waste or trash
|
$25
|
$50
|
$100
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A.
If the person in receipt of a twenty-five-dollar violation ticket
does not pay the fine within 15 days, the person will be subject to
a ten-dollar penalty for days 16 through 30.
B.
If the person in receipt of a fifty-dollar violation ticket does
not pay the fine within 15 days, the person will be subject to a twenty-five-dollar
penalty for days 16 through 30.
C.
If the person in receipt of a one-hundred-dollar or higher violation
ticket does not pay the fine within 15 days, the person will be subject
to a fifty-dollar penalty for days 16 through 30.
D.
Failure of the person to make payment within 30 days of a violation
ticket shall make the person subject to a citation for failure to
pay.
E.
If violations are continuous or egregious, Code Officials have the
right to issue citations without first issuing tickets, provided notice
has been given. Upon issuance of four tickets for the same violation
the right is reserved for the Code Officials to issue citation for
the fifth and subsequent offenses.
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this article,
or of any regulation or requirement pursuant hereto and authorized
hereby, shall, upon conviction, be ordered to pay a fine of not less
than $100, and not more than $1,000, for each offense, and the costs
of prosecution, including reasonable attorney's fees incurred
by the Borough, or shall be imprisoned for no more than 90 days, or
both.
At the discretion of Pen Argyl Borough, all tickets for which
payment is not received within 45 days of issuance of a ticket and
monies paid by Pen Argyl Borough for abatement of a violation not
paid within 45 days of billing will be turned over by the Borough
to a collection agency for collection.
Any costs expended by the Borough of Pen Argyl pursuant to § 84-10 of this article (Abatement of violation) shall permit the Borough to place a lien upon the real estate where the abatement occurred to collect the cost of abatement as provided by this article.
The penalty lien and collection provisions of this article shall
be independent, nonmutually exclusive separate remedies, all of which
shall be available to Pen Argyl Borough as may be deemed appropriate
for carrying out the purposes of this article. The remedies and procedures
provided in this article for violation hereof are not intended to
supplant or replace to any degree the remedies and procedures available
to the Borough in the case of a violation of any other Pen Argyl Borough
code or codified ordinances, whether or not such other code or ordinance
is referenced in this article, 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 article.
If any provision, paragraph, word, section, or subsection of
this article is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, or subsections
shall not be affected and shall remain in full force and effect.
