[HISTORY: Adopted by the Board of Supervisors
of the Township of Dallas as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-3-2008 by Ord. No. 2008-3]
As used in this article, the following terms
shall have the meanings indicated:
MANAGEABLE LOT
Means and refers to a piece or parcel of land which has a
separate and distinct property identification number given to it by
the Assessor's Office of Luzern County and is one acre or less in
size regardless of whether such lot is improved with a structure.
No person, firm or corporation owning or occupying a manageable lot within the Township of Dallas shall permit any grass or weeds or any vegetation whatsoever thereon to exceed a height of six inches, except vegetation which is edible or planted for some useful or ornamental purpose and is maintained in accordance with the requirements of §
61-3 of this article. Any grass, weeds or other vegetation growing upon a manageable lot in violation of the provisions of this §
61-2 is hereby declared to be a public nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of Dallas Township.
Vegetation which is edible or planted for some useful or ornamental purpose shall not be subject to the provisions of §
61-2 of this article so long as such vegetation which is edible is properly harvested and not permitted to spoil or become rotten and so long as such vegetation which is planted for some useful or ornamental purpose is routinely trimmed.
The owner of a manageable lot, whether occupied by the owner or not, and any other person or entity occupying such lot shall be responsible for removing, trimming or cutting all grass and vegetation growing or remaining upon such premises in violation of the provisions of §
61-2 of this article. Both the owner and the occupant shall be jointly responsible for compliance with this article.
The Dallas Township Zoning Officer, or any officer
or employee of the Township designated thereby for the purpose, is
hereby authorized to give notice, by personal service or by United
States certified mail, to the owner and the occupant, or either of
them, of a violation of the terms and conditions of this article,
directing and requiring such grass and vegetation to be removed, trimmed
or cut, so as to conform to the requirements of this article, within
five days after issuance of such notice.
A. If any such owner and/or occupant shall neglect to
comply with such notice within the period of time stated herein, the
Township shall have the following remedies:
(1) It may remove, spray, trim or cut such grass and/or
vegetation so as to bring the same into compliance with the provisions
of this article; and the reasonable cost thereof, together with a
penalty of 10% of such reasonable costs, may be collected by the Township
from such owner or occupant; and/or
(2) It may initiate summary proceedings against any person,
firm or corporation who shall violate any of the provisions of this
article who, upon conviction thereof in an action brought before a
District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
B. The foregoing remedies and penalties shall be in addition
to any right the Township may have under applicable law to commence
other legal proceedings to abate a nuisance.
[Adopted 5-15-2012 by Ord. No. 2012-3; amended in its entirety 4-4-2023 by Ord. No. 2023-2]
That this article as amended and restated shall be known as
the "International Property Maintenance Code of Dallas Township."
That the International Property Maintenance Code, 2021 Edition, as published by the International Code Council, three copies of which are on file in the Dallas Township Administrative Office, be and is hereby adopted in its entirety, including Appendix A and Appendix B, and incorporated herein by reference, as the Property Maintenance Code of Dallas Township, Luzerne County, Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures as set forth in such 2021 Edition by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use, and the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said chapters of said Property Maintenance Code on file in the Dallas Township Administration Office are hereby referred to, adopted, and made a part hereof, as fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in §
61-9 of this article. Any amendments, additions and/or supplements to the International Property Maintenance Code, 2021 Edition, as published by the International Code Council, shall be deemed to be part of the Property Maintenance Code of Dallas Township as of the date on which such amendments, additions and/or supplements become effective.
That the following sections are hereby revised and/or supplemented:
A. Section 101.1: Insert: Dallas Township.
B. Section 103.1: Code Enforcement Office.
C. Section 104.1: Insert additional sentence: The fees for activities
and services performed by the code official in carrying out the responsibilities
under this Code shall be set by resolution of the Board of Supervisors
of Dallas Township, from time to time.
D. Section 107.5: Insert: 107.5 Time for Appeal. Any appeal shall be
filed within 30 days from the date of the order, decision or determination
made by the Code Official.
E. Section 110.4: Insert additional sentence: Such fines shall be in
an amount not less than $300 and not more than $500 per day and/or
30 days imprisonment in county jail. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
F. Section 302.4: Insert: six inches. In addition, the first paragraph
of this section is further revised as follows:
(1) The words "manageable lot" are substituted for the word "premises";
and
(2) The following sentence is added to such paragraph: The words "manageable
lot" mean and refer to a piece or parcel of land which has a separate
and distinct property identification number given to it by the Assessor's
Office of Luzerne County and is one acre or less in size regardless
of whether such lot is improved with a structure.
G. Section 302.10: Insert: 302.10 Construction materials. Construction
materials, including, but not limited to, lumber, shingles, etc.,
shall not be stored at the exterior of any premises for a period exceeding
60 days, unless approved in writing by the Code Official. For purposes
of this section, the term "stored" means being located at the exterior
of the premises and not used for a period exceeding seven consecutive
days.
H. Section 302.11: Insert: 302.11 Unattended excavated openings. Immediately
upon the opening of any excavation, for any period of time during
which such excavation is unattended, temporary fencing and/or other
appropriate security measures shall be in place. The Code Official
shall determine, if necessary, in his sole discretion, if such temporary
fencing or other security measures are adequate.
I. Section 302.11: Insert: 302.12 Snow Removal from Sidewalks. All snow
and ice shall be removed from sidewalks and pathways within eight
hours of the end of a snow and/or ice weather event, so that such
sidewalks or pathways are safe for pedestrian travel.
J. Section 304.14: Insert: May 1 to September 30.
K. Section 602.3: Insert: October 1 to April 30.
L. Section 602.4: Insert: October 1 to April 30.
Any person failing to comply with a notice of violation or order
issued and served in accordance with Sections 109, 110, 111, 112,
and/or 113 of the 2021 International Property Maintenance Code shall
be deemed guilty of a misdemeanor or civil infraction as determined
by the local municipality, and the violation shall be deemed a strict
liability offense. If the notice of violation is not complied with
within 10 days, the Code Official shall institute the appropriate
proceedings of law or in equity to restrain, correct or abate such
violation, or to require the removal or termination of the unlawful
occupancy of the structure in violation of the provisions of this
Code or of the order or direction made pursuant thereto. An action
taken by the authority having jurisdiction on such premises shall
be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate.
Any person who shall violate a provision of this article, or
fail to comply therewith, or with any of the requirements thereof,
shall be prosecuted within the limits provided by state or local laws
with a fine imposed of not less than $300 and not more than $500 per
day and/or 30 days imprisonment in county jail. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense.
That all ordinances and parts of ordinances in conflict herewith
are hereby repealed, and all ordinances, regulations and policies
of Dallas Township not amended, supplemented, affected, modified or
repealed by this article shall remain in full force and effect.
That if any section, subsection, sentence, clause or phrase
of this article is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this article. The Dallas Township Board of Supervisors hereby declares
that it would have passed this article and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional.
That nothing in this article or in the International Property Maintenance Code, 2021 Edition, as hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in §
61-9 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
That this article and the rules, regulations provisions, requirements,
orders and matters established and adopted hereby shall become effective
upon the fifth day following the enactment of this article.
That Dallas Township acknowledges and agrees that the International
Code Council, Inc. (ICC) owns registered copyrights in the 2021 Edition
of the International Property Maintenance Code. ICC makes the 2021
Edition of the International Property Maintenance Code available to
view for free on its website at: https://codes.iccsafe.org/content/IPMC2021P1
and numerous other International Codes (I-Codes) available to view
for free on its website at: codes.iccsafe.org. Without advance written
permission from the copyright owner, no part of the 2021 Edition of
the International Property Maintenance Code may be reproduced, distributed
or transmitted in any form or by any means, including without limitation,
electronic, optical or mechanical means (by way of example, and not
limitation, photocopying, or recording by or in an information retrieval
system). For information on the use rights and permissions, please
contact: Publications, 4051 Flossmoor Road, Country Club Hills, IL
60478. Phone 1-888-ICC-SAFE (422-7233).