Construction codes — See Ch. 64.
Solid waste — See Ch. 136.
Stormwater management — See Ch. 143.
§ 120-1Title.
§ 120-2Definitions and terms.
§ 120-3Accumulation unlawful.
§ 120-4Motor vehicles and trailers.
§ 120-5Brush, grass, weeds and trees.
§ 120-6Commercial performance standards.
§ 120-7Dumps and dumping.
§ 120-8Open drainage.
§ 120-9Depositing dirt on roads.
§ 120-10Airtight containers.
§ 120-11Dangerous structures.
§ 120-12Infestation.
§ 120-13Notice to abate nuisances.
§ 120-14Failure to abate nuisances.
§ 120-15Right of appeal.
§ 120-16Violation and penalties.
§ 120-17Applicability and interpretation.
This chapter shall be known as the "Daugherty Township Property Maintenance Ordinance."
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- ACCUMULATION
- The act or process of growing, gathering or amassing, as into a large amount, heap or pile.
- CONDEMN
- To adjudge unfit for use or occupancy.
- CONSTRUCTION TRAILER
- A box car or mobile trailer used at a construction site where a residential or commercial construction is being undertaken and utilized for storage, occupancy or warehousing purposes.
- DUMPSTER
- A large metal bin for the temporary storage of garbage, refuse, rubbish or trash, designed to be hoisted onto a specially equipped truck for emptying or hauling away.
- EXTERIOR PROPERTY
- The open space on the premises and on adjoining property under the control of owners or operators of such premises.
- EXTERMINATION
- The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest-elimination methods.
- FAULTY CONSTRUCTION
- The condition of a structure as a result of poor workmanship, use of unapproved building materials or inept design.
- GARBAGE
- The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- GARBAGE RECEPTACLE
- A waste container usually made out of metal or plastic, accompanied by a lid, and used for the temporary storage of garbage, refuse, rubbish or trash.
- INFESTATION
- The presence, within or contiguous to a structure or premises, of insects, rats, rodents, bats, snakes, vermin, raccoons or other pests.
- OCCUPANT
- Any person living or sleeping in a building or having possession of a space within a building.
- OPERATOR
- Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
- OWNER
- Any 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 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.
- PERSON
- Any natural person, association, partnership, firm or corporation.
- PREMISES
- A lot, plot or parcel of land including the buildings or structures thereon.
- PUBLIC NUISANCE
- Includes the following:
- A.
The physical condition or use of any premises regarded as a public nuisance at common law;
- B.
Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
- C.
Any premises which has unsanitary sewerage or plumbing facilities;
- D.
Any premises designated as unsafe for human habitation or use;
- E.
Any premises which is manifestly capable to being a fire hazard or is manifestly unsafe or unsecured as to endanger life, limb or property;
- F.
Any premises from which the plumbing, heating and/or facilities required by Ordinance No. 114, Uniform Construction Code,
have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided;Editor's Note: See Ch. 64, Construction Codes, Uniform. - G.
Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds, grass or vegetation;
- H.
Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises; or
- I.
Any premises which harbors unlicensed and/or unregistered vehicles.
- REFUSE
- All discarded articles or materials, including but not limited to ashes, garbage, rubbish and combustible and noncombustible waste.
- RUBBISH
- Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, tires, batteries, paper, rags, cartons, boxes, wood excelsior, plastic, wrappings, cigarettes, cardboard, rubber, leather, tree branches, yard trimmings, tin cans, metals, wood, mineral matter, glass, crockery and dust and other similar materials.
- STORAGE TRAILER
- Any former mobile trailer, shipping container, box car, or any structure not mounted on wheels, so designed and constructed in such a manner as will permit temporary or permanent occupancy thereof for the storage of goods, equipment and/or materials.
- STRUCTURE
- That which is built or constructed, including, without limitation because of enumeration, storage trailers, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, or anything erected and framed of component parts which are fastened, anchored or rest on a permanent foundation or the ground.
- TOXIC OR HAZARDOUS MATERIALS
- Any substance, solution or mixture which, because of its quality, quantity, concentration, physical, chemical or infectious characteristics, or any combination of the foregoing, presents or may present an actual or potential hazard to human health or to the drinking water supply if such substance, solution, mixture or combination thereof is discharged to the land or waters of Daugherty Township. Toxic or hazardous materials shall include:
- A.
Each and every substance, material or waste found listed in either or both of Parts 116 and 261 of Title 40 of the Code of Federal Regulations.
- B.
Acids and alkalis beyond the pH range of 4 to 10.
- C.
Heavy metal sludge, mixtures and solutions in excess of standards.
- D.
Petroleum products, including fuels and waste oils.
- E.
Organic solvents, including petroleum solvents halogenated and nonhalogenated hydrocarbons.
- F.
Any solid or semisolid material which, if left to stand or if exposed to water, will leach out or wholly or partially dissolve, forming a toxic or hazardous material.
- G.
Any substance not included within Subsections A through F above subsequently declared to be a toxic or hazardous material by the Commonwealth of Pennsylvania.
- TRAFFIC CONTROL DEVICE
- Any device or mechanism used to control the flow of any traffic.
- TRAILER
- Any vehicle or structure so designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons or the conduct of any business or profession, occupation or trade or which is designed for transportation and/or storage of goods, equipment and/or materials, and so designed that it is mounted on wheels and used as a conveyance on highways or streets, propelled or drawn by other motive power.
- VEHICLE
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks and including but not limited to automobiles, carriages, motorcycles, mopeds, scooters, quads, boats, jet skis, trailers, recreation vehicles and tractors.
- YARD
- An open space on the same lot with a building.
- ZONING AND CODES OFFICER
- The official who is charged with the administration and enforcement of this chapter or any duly authorized representative of Daugherty Township.
It shall be unlawful for any person to accumulate or store or permit the accumulation or storage of rubbish, garbage, waste or toxic or hazardous materials of any kind whatsoever on private or public property in Daugherty Township.
Such accumulation is hereby declared to be a public nuisance and abatement of such shall be achieved as outlined in this chapter.
The owner of the premises shall maintain the structures and exterior property in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to use premises which do not comply with the requirements of this chapter.
Sanitation: All exterior property and premises shall be maintained clean, safe, sanitary and free from any accumulation of rubbish, garbage, refuse or toxic or hazardous materials.
Stagnant water: All premises shall be graded and maintained to prevent the accumulation of stagnant water thereon or within any structure located thereon.
All garbage, refuse, rubbish or trash shall be stored in a garbage receptacle for a period not to exceed one week as to prevent infestation and shall be removed weekly by a responsible garbage hauler contracted by the property owner.
Except as provided in other regulations, no currently unlicensed, unregistered and/or uninspected motor vehicles or trailers shall be parked or kept on any property, and no vehicle or trailer shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled.
A vehicle or trailer of any type is permitted to undergo major overhaul, including bodywork, provided such work is performed inside a structure or similarly enclosed area designed and approved for such purposes by the person who owns the vehicle.
The following trailers are exempt from the requirements of this chapter:
Trailers which are in the process of being loaded or unloaded and which are properly inspected, registered and licensed with the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, or the equivalent agency of any other state.
Trailers offered for sale or rent or awaiting servicing which are located on premises owned or leased by a person in the business of trailer sales, rental or servicing.
Construction trailers utilized for temporary storage or office space may be allowed upon a site wherein there is active construction of a residential or nonresidential development, provided that such trailer shall be used only in connection with such construction and shall not remain upon the premises for longer than two weeks past the completion of said construction. In no event will any trailer used in connection with residential or nonresidential development remain on said premises for more than two years from the date of initial construction. Said trailers shall be securely fastened to a permanent foundation and regulated by Daugherty Township Code Chapter 175, Zoning, and Chapter 64, Uniform Construction Code.
It shall be unlawful for any person to accumulate or permit the growth of weeds, tall grasses or other noxious vegetation, not to include ornamental landscaping vegetation, on private or public property in Daugherty Township, Beaver County, Pennsylvania.
Such accumulation or growth is hereby declared to be a public nuisance, and abatement of such shall be achieved as outlined in this chapter.
Certain growths or accumulations prejudicial to public health prohibited.
No person being the owner or occupant of premises situate within the municipal boundaries of Daugherty Township shall permit the accumulation or growth of weeds, tall grasses or other vegetation, not to include ornamental landscaping vegetation, on such premises to an average height in excess of eight inches within 50 feet of the nearest point of the main dwelling house or garage up to the parcel boundary or in such a manner as shall in the judgment of the Zoning and Codes Officer be prejudicial to the public health.
Certain growths or accumulations constituting fire hazards or traffic hazards prohibited.
No person being the owner or occupant of premises situate within the municipal boundaries of Daugherty Township shall permit the accumulation or growth of weeds, tall grasses, trees or other objectionable vegetation, not to include ornamental landscaping vegetation, on such premises in such manner as shall, in the judgment of the Zoning and Codes Officer, constitute a fire hazard or endanger the safety of persons and property or be a traffic hazard.
No person, firm or corporation owning or occupying any property within the municipal boundaries of Daugherty Township shall permit any trees, bushes or shrubbery of any kind whatsoever to grow or remain upon such premises so as to encroach upon adjoining sidewalks, streets, highways or alleys in such manner as to interfere with pedestrian or vehicular traffic lawfully using such sidewalks, streets, highways or alleys or in such manner as to restrict the clear view of vehicular traffic using such streets, highways or alleys or the clear view of any traffic control device. Any trees, hedges, bushes or shrubbery growing upon any premises in Daugherty Township in violation of any of the provisions of this chapter are hereby declared to be a nuisance and detrimental to the health, welfare and safety of the residents of Daugherty Township.
No person, firm or corporation owning or occupying any property within the municipal boundaries of Daugherty Township shall permit any trees, bushes or shrubbery of any kind whatsoever to grow or remain upon such premises so as to conceal or interfere with any fire hydrant or other fire service connection. Any trees, hedges, bushes or shrubbery growing upon any premises in Daugherty Township in violation of any of the provisions of this section are hereby declared to be a nuisance and detrimental to the health, welfare and safety of the residents of Daugherty Township.
It is hereby provided that a manufacturer or business is offensive and is considered a public nuisance if the manner in which the business or manufacturing is so operated or conducted is determined to adversely affect the health, safety and welfare of citizens of Daugherty Township.
No waste product or by-product resulting from a process application or activity on the premises of a commercial property shall be discharged into open streams or stormwater facilities unless such material is considered to be nontoxic and nonhazardous to health.
In the event such material being discharged cannot be identified, the Pennsylvania Department of Environmental Protection shall be notified.
Upon identification of said material being discharged as toxic or hazardous, such discharge shall cease immediately upon notification from the Township to the owner of the premises.
Failure to stop such discharge upon notification to do so shall make the owner of the subject premises liable for all civil and criminal penalties assessed as outlined in this chapter.
No person shall use or permit to be used any spot or place within the Township as a public or private dump for garbage, refuse or rubbish other than a public or private area approved by the appropriate agency of the Commonwealth of Pennsylvania and the Daugherty Township Board of Supervisors.
All garbage, refuse, rubbish, scrap, trash or waste shall be stored in a garbage receptacle for a period not to exceed one week as to prevent infestation and shall be removed weekly by a responsible garbage hauler contracted by the property owner. Said materials may also be stored in a dumpster for a period not to exceed one month and shall be removed monthly by a responsible garbage hauler contracted by the property owner.
Rubbish deposits restricted.
No paper, trash, rubbish, ashes, junk, waste or discarded materials of any kind shall be thrown, deposited or dumped in any ravine, quarry, ditch or gutter, on any highway, road, street, avenue, lane, alley, sidewalk or footpath in Daugherty Township, nor on any public place or private property, vacant or occupied, within the limits of said Township.
Burning by public highways. No leaves, grass, weeds, hedges, tree trimmings or any other material shall be burned within the right-of-way of any public highway, nor shall any fire be made which will cause damage to a highway or street paving.
Municipal dumps. Nothing in this chapter shall be construed to prohibit municipal dumps maintained by Daugherty Township.
It shall be unlawful for all individuals, corporations and businesses owning or occupying property along any public highway, road, street, avenue or lane in Daugherty Township to drain or allow to flow into or upon any highway, road, street, avenue or lane, by pipe or any other channel, whether natural or artificial, any water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies or cesspools of any kind or nature whatsoever or any other foul or offensive water or drainage of any kind or to allow any such water or drainage to percolate into or upon said highway, road, street, avenue or lane.
It shall be unlawful to maintain an open cistern or cesspool or to permit the discharge of raw or untreated sewage onto private or public grounds. An existing on-lot septic system which is malfunctioning shall be repaired within a reasonable period of time following receipt of notice to do so from the Township Sewage Enforcement Officer.
Blowing or depositing debris prohibited.
No person, firm or corporation shall drive or move any truck or other vehicle within Daugherty Township unless such vehicle is so constructed or loaded as to prevent any load, contents, dirt, debris, grass, material, litter or part thereof from being blown or deposited upon any street or road in the Township.
No person, firm or corporation shall drive or move any truck or other vehicle within Daugherty Township, the wheels of which carry onto or deposit on any street or road in the Township mud, dirt, sticky substances, litter or foreign matter of any kind.
No person, firm or corporation shall, while performing lawn maintenance within Daugherty Township, deposit grass clippings, leaves or other debris on any street, road or alley in the Township.
Sediment control. All owners of property in Daugherty Township shall maintain their property in such a manner that no dirt, mud, stones or other material shall wash onto any streets or road in the Township as the result of rainfall or drainage.
Responsibility for cleanup.
If in the course of excavation, building, grading, construction or development of any property any mud, dirt or any other foreign substance is unavoidably carried onto any street or road in the Township, it shall be the duty of the contractor having supervision over the job to remove the same at the end of each workday so as to make the street or road clean and safe for the passage of normal vehicular traffic. In the event that said contractor does not remove the mud or dirt or any other foreign substance at the end of the workday, then it shall be the duty of the property owner to remove the same within 24 hours thereafter.
If in the course of farming or logging of any property any mud, dirt or any other foreign substance is unavoidably carried onto any street or road in the Township, it shall be the duty of the farmer or forester of the property being farmed or logged to remove the same at the end of each workday so as to make the street or road clean and safe for the passage of normal vehicular traffic. In the event that said farmer or forester does not remove the mud or dirt or any other foreign substance at the end of the workday, then it shall be the duty of the property owner to remove the same within 24 hours thereafter.
It shall be unlawful for any person to store or permit the storage of airtight containers of any kind whatsoever on private or public property in Daugherty Township.
Such accumulation is hereby declared to be a public nuisance, and abatement of such shall be achieved as outlined in this section.
No person shall abandon, discard, store or keep in any place accessible to children or permit to remain under his control, whether as owner, lessee or manager of any premises in Daugherty Township, any refrigerator, icebox, freezer cabinet or similar airtight container of a capacity of 1 1/2 cubic feet or more which is no longer used for refrigeration or other intended purposes without removing the attached doors, hinges, lids and latches.
It is hereby declared that a dangerous structure on either public or private grounds is considered to be a public nuisance and is hereby prohibited. A dangerous structure shall be one that constitutes a danger to the public health because of its condition as a result of a fire, natural calamity or as a result of negligence; or which may cause or aid in the spread of disease or injury to the occupants of it or neighboring structures due to their proximity; or because its condition creates a new fire hazard; or that its condition is liable to cause injury or damage by collapse.
Sidewalks and driveways. All sidewalks, walkways, driveways, parking spaces and similar areas within public rights-of-way shall be kept in a proper state of repair and maintained free of hazardous conditions.
Accessory structures. All accessory structures, including detached garages, swimming pools, fences and walls, shall be maintained structurally sound and in good repair.
Once a structure is determined to be dangerous, the Zoning and Codes Officer shall place a placard on or about the premises declaring the structure "Unsafe for Human Habitation."
It shall be unlawful for any person, firm or corporation to permit infestation of any kind whatsoever on private or public property in Daugherty Township.
It is hereby declared that infestation of any structure on either public or private grounds is considered to be a public nuisance and is hereby prohibited. An infested structure shall be one that constitutes a danger to the public health, welfare and safety, which may cause or aid in the spread of disease or injury to the occupants of it or neighboring structures by rodents, insects, rats, snakes or vermin.
The owner of the premises shall maintain the structures and exterior property in a manner to control or eliminate insects, rats, rodents, snakes, or other pests by eliminating potential harborage places.
The owner of the premises shall maintain the structures and exterior property in a manner to control or eliminate insects, rats, rodents, snakes or other pests by eliminating or making inaccessible food.
Notice to owner or occupant by the Zoning and Codes Officer.
Upon determination of the existence of a public nuisance under the terms and provisions of §§ 120-3 through 120-10 and 120-12, the Zoning and Codes Officer shall notify the owner or occupant of said premises to commence compliance within five days and remedy or abate such condition within 10 days from the date of service of such notice. The service of such notice shall be made upon the owner or occupant of said premises either by delivering the same to such owner or occupant personally or by delivering the same to such owner or occupant through certified mail or by delivering same to and leaving it with an adult person in charge of such premises or, in case no such person is found upon said premises, by affixing same in a conspicuous position upon said premises.
Whenever the Zoning and Codes Officer shall, in his discretion, consider a structure to be unsafe for human habitation and actionable pursuant to the terms and provisions of § 120-11, he may declare the same to be a nuisance and shall notify the owner or occupant of said premises to remedy such condition by either demolition or rehabilitation within 30 days from the date of service of such notice. The service of such notice shall be made upon the owner or occupant of said premises either by delivering the same to such owner or occupant personally or by delivering the same to such owner or occupant through certified mail or by delivering same to and leaving it with an adult person in charge of such premises or, in case no such person is found upon said premises, by affixing same in a conspicuous position upon said premises.
Failure of the owner or occupant to receive the notice shall not be a defense to prosecution hereunder if the Zoning and Codes Officer files an affidavit at the time of prosecution attesting to his compliance with service requirements.
In the event that the owner or occupant shall refuse or neglect to abate a public nuisance under the terms and provisions of § 120-5 within a period of 10 days as required by such notice, the Zoning and Codes Officer may direct the removal of such conditions by the either the Township Road Department or by any designee of the Township Manager and/or the designee of the Township Board of Supervisors and may collect all expenses of such removal from the owner or occupant of said premises, such amount to be collectible as municipal claims are now collected by law. This remedy shall be in addition to any other penalty that might be provided herein.
In the event that the property owner or occupant shall refuse or neglect to abate a public nuisance under the terms and provisions of § 120-11 within a period of 30 days as required by such notice, the Zoning and Codes Officer may direct the removal of such conditions and may collect all expenses of such removal from the owner or occupant of said premises, such amount to be collectible as municipal claims are now collected by law. This remedy shall be in addition to any other penalty that might be provided herein.
In the event that the property owner or occupant shall refuse or neglect to abate a public nuisance under the terms and provisions of § 120-12 within a period of 10 days as required by such notice, the Zoning and Codes Officer may direct the removal of such conditions through extermination services and may collect all expenses of such removal and extermination from the owner or occupant of said premises, such amount to be collectible as municipal claims are now collected by law. This remedy shall be in addition to any other penalty that might be provided herein.
The property owner, upon receiving notice that a structure has been determined to be a public nuisance under the terms and provisions of § 120-11 by the Zoning and Codes Officer, may appeal the determination to the Board of Supervisors.
The property owner shall file a written appeal within 30 days of the date of the decision or order appealed from. The appeal shall be filed, along with the applicable fee, in the Township Manager's office.
The Board of Supervisors shall hold a Local Agency Law hearing within 30 days of such appeal and may affirm, reverse or modify the decision or order appealed from. The Board of Supervisors may impose, as part of its decision, any conditions and safeguards necessary in order to protect the public health, safety and welfare or to protect private or public property and to promote the objectives of this chapter.
The Board of Supervisors shall render a written decision within 15 days after the last hearing. Notice of the final decision shall be delivered to the property owner no later than the day following the date of the decision. The service of such notice shall be made upon the owner or occupant of said premises either by delivering the same to such owner or occupant personally or by delivering the same to such owner or occupant through certified mail or by delivering same to and leaving it with an adult person in charge of such premises.
Any person who violates any provision of this chapter or fails to comply therewith or with any of the requirements thereof shall be, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, sentenced to pay a fine of not less than $500 nor more than $1,000, plus all court costs, including reasonable attorneys' fees incurred by the Township, and to imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of the Code found to have been violated. In addition to any other remedy available under law, the Township may enforce this chapter by an action in equity. All fines and penalties collected for violation of this chapter shall be paid to the Township Treasurer. The initial determination of ordinance violation and the service of notice of violation are hereby delegated to the Township Manager, the Zoning and Codes Officer and their designees and to any other officer or agent that the Township Manager or the Board of Supervisors deems appropriate.
When provisions of this chapter conflict with other applicable regulations, codes or laws, the more stringent regulation or legislation shall apply. As in the case with all legislation, this chapter is to be interpreted utilizing a rule of reason that will best allow for the attainment of the balance between the public and private the chapter seeks to achieve. Furthermore, this chapter is to be interpreted and applied, to the extent possible, so that it meets all federal and state constitutional requirements and statutory requirements. If any aspect of this chapter is finally determined to violate constitutional and/or statutory requirements through the process of appellate litigation, that aspect of this chapter shall be deemed excised or reformed to the extent necessary to cause the remainder of this chapter to remain legally enforceable.
