[HISTORY: Adopted by the Council of the Borough
of Punxsutawney as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Code program — See Ch. 17.
Brush, grass and weeds — See Ch. 85.
Unsafe buildings — See Ch. 94.
Open burning — See Ch. 97.
Uniform construction codes — See Ch. 100.
Indoor and outdoor fires — See Ch. 128.
Outdoor furnaces — See Ch. 135.
Garbage, rubbish and refuse — See Ch. 139.
Health and sanitation — See Ch. 146.
Littering — See Ch. 161.
Recycling — See Ch. 187.
Junk vehicles — See Ch. 228.
[Adopted 8-14-1978 by Ord. No. 847]
[Amended 8-31-1987 by Ord. No. 943]
A certain document, three copies of which are
on file in the office of the Borough Secretary of the Borough of Punxsutawney,
being marked and designated as the "BOCA Basic Property Maintenance
Code, Second Edition, 1981," as published by Building Officials and
Code Administrators International, Inc., be and is hereby adopted
as the property maintenance code of the Borough of Punxsutawney, County
of Jefferson, Commonwealth of Pennsylvania, for the control of buildings
and structures as herein provided. All of the regulations of the BOCA
Basic Property Maintenance Code, Second Edition, 1981, are hereby
referred to, adopted and made a part hereof as if fully set out in
this article.
The following sections are hereby revised as
follows:
[Amended 8-31-1987 by Ord. No. 943]
The code hereby adopted shall be enforced by
the Codes and Zoning Program Officer of the Borough of Punxsutawney.
Nothing in this article or in the property maintenance
code hereby adopted shall be construed to affect any suit or proceeding
impending in any court or any rights acquitted or liability incurred
or any cause or causes of action acquired or existing under any act
or ordinance hereby repealed, nor shall any just or legal right or
remedy of any character be lost, impaired or affected by this article.
[Amended 4-14-1980 by Ord. No. 868; 8-31-1987 by Ord. No.
943]
Any person violating any provision of this article
or the code adopted hereby, upon conviction before the District Justice,
shall be guilty of a summary offense and shall be subject to pay a
fine not to exceed the maximum fine of $300, plus costs of prosecution,
or to undergo imprisonment for a term not exceeding 90 days, or both.
Each day that such condition or violation continues shall constitute
a separate offense.
[Adopted 6-9-2008 by Ord. No. 1080[1]]
[1]
Editor's Note: This ordinance vetoed by the
Mayor; said veto was unanimously overridden 7-14-2008.
As used in this article, the following terms
shall have the meanings indicated:
The Borough of Punxsutawney, Jefferson County, Pennsylvania.
The Official who is charged with the administration and enforcement
of this Code, or any duly authorized representative of the Borough.
The Code Official, or any duly authorized representative of the Borough,
shall have all authority necessary to enforce the provisions of this
article, 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 handling, preparation,
cooking and consumption of food or food products.
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, corporation or other legal
entity having a legal or equitable interest in the property; or recorded
in the official records of Jefferson County as holding title to the
property; or otherwise having control of the property, including the
guardian of any estate of any such person and the personal representative
or administrator of an estate of such person.
An individual, corporation, partnership, legal entity or
any other group acting as a unit.
A lot, plot or parcel of land, including the buildings and
structures thereon.
Combustible and noncombustible waste materials, except garbage,
including appliances, boxes, building and construction material, cans,
cartons, crockery, dust, excelsior, furniture not designed for use
outside the home, glass, leather, metals, mineral matter, paper, rags,
rubber, the residue from burning of wood, coal, coke and other combustible
materials, tree branches, yard trimmings, and other similar materials.
That building which is built or constructed, without limitation,
for any occupancy or use whatsoever, including appurtenances, billboards,
fences, fire escapes, open-grade steps, railings, shute escapes, sidewalks
or stairways, signs, tents, towers, water tanks, or anything erected
or framed of component parts which is fastened, anchored or rests
on a permanent foundation or on the ground.
A.
Sanitation. All exterior property areas at any premises
shall be maintained in a clean, safe and sanitary condition, free
from any accumulation of rubbish or garbage.
B.
Containers. The operator of every premises producing
garbage, a vegetable waste or other putrescible material shall provide,
and at all times cause to be used, leak-proof appropriate containers
provided with close-fitting covers for the storage of such materials
until removed from the premises for disposal.
C.
Building and construction materials. Building and
construction materials, including, but not limited to, boards, bricks,
cement blocks, downspouts and gutters, lumber, roofing material, shingles,
and siding shall be stacked in a single area on the premises and kept
covered.
A.
General. The Code Official shall enforce all provisions
of this article.
B.
Notices and orders. The Code Official shall issue
all necessary notices and orders to abate illegal or unsafe conditions
to ensure compliance with the requirements of this article 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 exterior property area, premises, or structure at any reasonable
time for the purpose of making inspections and performing duties under
this article.
D.
Right of entry. If any owner, occupant or other person
in charge of an exterior property area, premises, or structure subject
to the provisions of this article refuses, impedes, inhibits, interferes
with, restricts or obstructs entry and free access to any part of
the exterior property area, premises, or structure for which inspection
authorized by this article is sought, the Borough 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.
Notice to owner or other person or persons responsible.
Whenever the Code Official determines that there has been a violation
of this article or has reasonable grounds to believe that a violation
has occurred, written notice shall be given to the owner or the person
or persons responsible for the exterior property area, premises, or
structure in the manner described herein.
F.
Manner of notice. The notice provided by the Code
Official shall be in writing and include the address of the real property
whereupon the alleged violation has occurred or is occurring, a statement
of the reason or reasons why the notice is being issued, and a correction
demand allowing a reasonable time for the repairs and improvements
required to bring the exterior property area, premises, or structure
into compliance with the provisions of this article.
A.
Unlawful acts. It shall be unlawful for any person,
firm or corporation to alter, construct, demolish, erect, extend,
occupy, remove, repair, or reuse an exterior property area, premises,
or structure or cause the same to be done contrary to the provisions
of this article.
B.
Penalty. Any person, firm or corporation who or which
shall violate any provision of this article shall, upon conviction
thereof, be subject to a fine of no more than $1,000 plus costs of
prosecution, and in default of payment of said fine and costs, to
a term of imprisonment not to exceed 30 days. Each day that a violation
continues after notice has been served in accordance with the terms
and provisions of this article shall be deemed a separate offense.
C.
Borough permitted to perform work. If an occupant,
operator, owner, or person in control of the exterior property allows
or causes to allow violations of this article, the Borough may, after
providing said occupant, operator, owner, or person in control 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 an additional 10% incurred in connection with correcting the
violation by filing a municipal claim or by other action authorized
by law or equity.
[Added 10-10-2017 by Ord.
No. 1145]
A.
Petition.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this Code, or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before Borough Council, provided that such
person shall file, in the office of the Borough Secretary, a written
petition requesting such hearing and containing a statement of the
grounds therefor within 20 days after the day the notice was served.
B.
Vote.
Borough Council shall hear all appeals relative to the enforcement
of this Code at a public hearing, and by the concurring vote of the
majority of its members may reverse or affirm wholly or partly, or
may modify, the decision appealed from, and shall make such order
or determination as in its opinion ought to be made.
C.
Record.
The Borough Secretary shall keep a record of such hearing so that
the record shows clearly the basis for each decision made by Council
in such matters.
