[HISTORY: Adopted by the Borough Council
of the Borough of Trafford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-11-1997 by Ord. No. 663 (Ch. 136 of the 1989 Code)]
The Borough of Trafford, Westmoreland and Allegheny
Counties, Pennsylvania, finds that removal of nuisances is in the
interest of the citizens of the borough and that the removal of nuisances
on public and private property promotes the public health, safety
and welfare of all residents of the borough.
[Amended 11-4-1999 by Ord. No. 672]
For the purpose of the chapter, the following
words and phrases, together with their derivations, shall have the
meaning ascribed to them in this section:
A motor vehicle that is inoperable and is left unattended
on public property for more than 48 hours or that has remained illegally
on public property for a period of more than 48 hours or that is left
unattended on or along a public highway without a valid registration
plate or valid and current inspection or that has remained on private
property without the consent of the owner or person in control of
the property for more than 48 hours.
The Borough of Trafford, Westmoreland County, Pennsylvania.
The Borough Council of Trafford Borough, Westmoreland County,
Pennsylvania.
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings.
Those whose interior walls or other vertical
structural members list, lean or buckle to such an extent that a plumb
line passing through the enter of gravity falls outside of the middle
third of its base.
Those which exclusive of the foundation, show
damage or deterioration to 33% of the supporting member or members
or damage or deterioration to outside walls or coverings.
Those which have improperly distributed loads
upon the floors or roofs or in which the same are overloaded, or which
have insufficient strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind
or other cases so as to be dangerous to life, safety or the general
health and welfare of the occupants or the public.
Those which are so damaged, dilapidated, decayed,
unsafe, unsanitary, vermin infested or which so utterly fail to provide
the amenities essential to decent living that they are unfit for human
habitation or are likely to cause sickness or disease, so as to work
injury to the health, safety or general welfare of those living therein.
Those which have parts thereof which are so
attached that they may fall and injure property or members of the
public.
Those which lack illumination, ventilation or
sanitation facilities or, because of another condition, are unsafe,
unsanitary or dangerous to the health, safety or general welfare of
the occupants or the public.
Those which, because of their location, are
unsanitary or otherwise dangerous to the health or safety of the occupants
of the borough.
Those existing in violation of any provision
of any other ordinances of the borough.
Any putrescible animal and vegetable waste, including but
not limited to offal, pomace, dead animals and decaying organic matter.
A motor vehicle that is without a valid registration plate
or valid and current inspection and is unable to move under its own
power with the exception of vehicles specifically excluded from this
definition by Trafford Borough Council, after request for exception
has been made by the Code Enforcement Officer.
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets or highways,
and including trailers or semitrailers pulled thereby.
Any activity, conduct or condition which causes injury, damages,
hurt, inconvenience, annoyance or discomfort to the public or such
part of the public as necessarily comes in contact with such activity,
conduct or condition and which adversely affects the same's safety,
health, morals or general welfare, including aesthetics.
A person owing, leasing, occupying or having charge of any
premises within the borough.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
Any real property, building or structure.
Any nonputrescible waste, either solid, liquid or a combination
thereof, including but not limited to scrap wood, glass, metal, plastic,
paper, stone, concrete or clay items.
It shall be unlawful for any person to create,
maintain or permit to exist, either directly or indirectly, a nuisance
within the borough. Nuisances shall include, but are not limited to
the following:
A.
The existence of abandoned motor vehicles.
B.
The presence, outside of a building or fully enclosed
structure or outside of a lawfully licensed junkyard of one or more
junk motor vehicles; except that, the owner of such premises or the
owner, operator or custodian of such junk motor vehicle, who has the
same for the bona fide purpose of repair of such a motor vehicle,
may store or park said vehicle, outside of a building or fully enclosed
structure, for a period not in excess of 30 days from the time said
vehicle is first brought upon said property, provided that a permit
is first obtained from the Code Enforcement Officer of the borough;
and further provided that such person may have not more than one permit
for the repair of junk motor vehicles at any one time, nor can more
than one permit be issued for a junk motor vehicle. The fee for such
permit shall be set forth from time to time by resolution of the Borough
Council.
[Amended 10-20-1998 by Ord. No. 667]
C.
The presence of any garbage which shall or may afford
food, harborage or breeding areas for vectors unless the same is kept
in covered receptacles designated and manufactured for the storage
of such items; and further, provided that the same shall remain on
said premises for a period of no longer than 10 days.
D.
The presence of rubbish which, by its nature or due
to its storage, has sharp or protruding edges or parts which pose
a present or potential hazard to any person.
E.
The storage or placement of equipment; rubbish, machinery,
material, vehicles or any parts thereof in any manner which would
allow the same to easily shift, tilt or fall from such position.
F.
The draining or allowing to drain, by natural or artificial
means, any foul or offensive liquid of any kind, from any premises
into, upon or along any other premises, public right of way or public
lands, except where provision has been made for the lawful drainage
of such liquid in such manner and at such place. The existence of
such drainage prior to the passage of this chapter, shall not make
such activity or condition lawful.
G.
Maintaining, causing to be maintained or permitting
the existence of any dangerous building, dangerous structure or dangerous
physical condition on any premises.
H.
Pushing, shoveling or otherwise depositing snow, ice,
mud, rocks, earth, manure, animal waste, cut vegetation or any combination
thereof, upon the cartway or traveled portion of any highway, road,
street or alley, maintained by the borough, county or commonwealth.
I.
Storage or placement of building materials which are
not for the exclusive purpose of building or remodeling where a permit
for said project has already been obtained.
A.
Whenever the Code Enforcement Officer, Chief of Police,
Mayor or Borough Secretary determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
chapter, notice of such alleged violation to the person or persons
responsible therefor, as hereinafter provided.
(1)
Such notice shall be served upon the owner or his
agent, or the occupant, as the case may require, provided that such
notice shall be deemed to be properly served upon such owner or agent
or upon such occupant, if a copy thereof is served upon him personally
or if a copy thereof is posted in a conspicuous place in or about
the premises affected by the notice or if he is served with such notice
by any other method authorized or required under the laws of this
state.
(2)
Such notice shall set forth in what respects such
conditions constitute a nuisance and whether removal is necessary
and required by the borough or whether the situation can be collected
by repairs.
(3)
Such notice shall require the owner to commence action
in accordance with the terms thereof within 20 days of the date of
the notice and thereafter to complete the work necessary to comply
fully with the terms of the notice, as soon as is reasonable, but
not later than 30 days from the date of said notice. The Code Enforcement
Officer may grant a request for a reasonable extension of time where
he has evidence to believe that that the responsible person is attempting
to remove the alleged violation. However, no such extension of time
may exceed a period of 90 days unless authorized by the Board of Appeals
upon appeal of the responsible owner, operator, occupant or other
person in charge.
(4)
The expense of said compliance shall be at the expense
of the owner; provided, however, that if a violation requires immediate
correction, such notice shall require the owner to immediately comply
with the terms thereof.
B.
Whenever the Code Enforcement Officer, Chief of Police,
Mayor of Borough Secretary determines an emergency exists which requires
immediate action to protect the public health, safety, morals or general
welfare, they may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as they deem necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Borough Council, such
person shall be afforded a hearing within 15 days of receipt of said
notice. After such hearing, depending upon the findings as to whether
the provisions of this chapter have been complied with, the Borough
Council shall continue such order in effect or modify it or revoke
it.
[Amended 5-10-2005 by Ord. No. 702]
Any person who shall violate any provisions
of this chapter shall, upon conviction, be punished by a fine of not
less than $100 nor more than $1,000 and costs of prosecution. Each
day's failure to comply with any such provisions shall constitute
a separate violation. The imposition of the penalties herein prescribed
shall not preclude the solicitor representing the borough from initiating,
and she is hereby authorized to initiate, appropriate actions or proceedings
at law or in equity to effect the purposes of this Code.
In any case where a provision of this chapter
is found to be in conflict with a provision of any ordinance existing
on the effective date of this chapter, the provision which establishes
the higher standard for the promotion and protection of the health,
safety, morals and general welfare of the people shall prevail. In
any case where a provision of this chapter is found to be in conflict
with a provision of any other ordinance existing on the effective
date of this chapter which establishes a lower standard for the promotion
and protection of the health, safety, morals and general welfare of
the people, the provisions of this chapter shall be deemed to prevail,
and such other ordinances are hereby declared to be repealed to the
extent that they may be found in conflict with this chapter.
In addition to the penalties heretofore set
forth in this chapter, any activity, conduct or condition occurring
or existing in violation of this chapter is hereby authorized to require
the removal of any such nuisance by the owner or occupier of the premises
upon which such nuisance exists. If the owner or occupier fails, neglects
or refuses to remove any such nuisance after being ordered to do so
by the borough, the borough may cause the same to be done, and collect
the cost thereof, together with a penalty of 10% of such cost, in
the manner provided by law for the collection of municipal claims,
or by an action of assumpsit, or the borough may seek relief in equity.
[Adopted 1-6-2015 by Ord. No.
2-2015]
As used in this article, the following terms shall have the
meanings indicated:
Any house, room, business or premises where frequent requests
for police service for noise, assaults, batteries, drinking of intoxicating
beverages, illegal drug usage and/or sale, loitering, gaming or other
misbehavior can be documented.
More than three responses to the same address in the preceding
ninety-day period.
It shall be unlawful for any property owner, lessee or tenant
to maintain, keep, lease or allow a disorderly house or premises in
the Borough of Trafford.
Any such disorderly house or premises that shall be disruptive
to the peace and well-being of the surrounding and greater community
is declared to be a public nuisance.
After the third incident as defined above, the Chief of Police
or other designated person shall, within five days, notify the disorderly
house or premises resident and/or owner, in writing, by either certified
mail, posting, or personal service, of the Borough's intent to
initiate charges with the Magisterial District Judge; and further,
to allow said disorderly house or premises resident and/or owner an
additional five-day period, commencing on the date of service, to
notify the Police Chief, in writing, of said disorderly house or premises
resident/owner's desire to meet with the Police Chief in an attempt
to rectify the conditions to be cited. Upon timely receipt of such
notification the Police Chief shall meet with the disorderly house
or premises resident/owner within five days thereafter and attempt
to reach an accommodation. Should the parties not be able to reach
an accommodation, the Police Chief will proceed forthwith to initiate
charges before the Magisterial District Judge.
A.
Any person and/or legal entity, including, but not limited to, the
owner, the tenant, the keeper and all parties connected with the maintenance
of the disorderly house or premises, and all parties patronizing or
frequenting same, found guilty under the provisions of this chapter
shall be fined not less than $500 for each offense and be imprisoned
for not more than 30 days.
B.
Upon a conviction under the terms of this article, the Borough may
revoke the occupancy permit of any house or premises found to be a
disorderly house or premises.
