[HISTORY: Adopted by the Borough Council
of the Borough of Aldan 9-6-1984 by Ord. No. 396. Amendments noted where
applicable.]
The purpose of this chapter is to protect, preserve
and promote the physical and social well-being of the people. The
chapter shall regulate privately and publicly owned dwellings for
the purpose of maintaining adequate sanitation and public health to
protect the safety of the people and to promote the general welfare
by legislation which shall be applicable to all dwellings now in existence
or hereafter constructed. This chapter further ensures an adequate
level of maintenance, determines the responsibilities of owners, operators
and occupants of dwellings and provides for the administration and
enforcement thereof.
A.
ACCESSORY STRUCTURE
APPROPRIATE AUTHORITY
APPROVED
CHIMNEY
CODE ENFORCEMENT OFFICER (CEO)
CORD
DORMITORY
DWELLING
DWELLING UNIT
EGRESS
EXTERMINATION
FAMILY
GARBAGE
HABITABLE ROOM
HEATED WATER
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
OWNER
The following definitions shall apply in the interpretation
and enforcement of this chapter:
A structure which is not used or not intended to be used
for living or sleeping by human occupants and which is located on
or partially on any premises.
That person within the governmental structure of the corporate
unit charged with the administration of the appropriate code.
Approved by the local or state authority having such administrative
authority.
A vertical masonry shaft of reinforced concrete or other
approved noncombustible, heat-resisting material enclosing one or
more flues, for the purpose of removing products of combustion from
solid, liquid or gaseous fuel.
Appointed by the Borough Council to enforce this chapter.
Such assistants as may be needed shall also be appointed and Borough
police officers shall have enforcement authority as well.
A stack or pile of firewood measuring four feet in height,
four feet in width, and eight feet in length.
[Added 12-8-2021 by Ord. No. 529]
A room or group of rooms in any dwelling used for living
and sleeping purposes by four or more persons.
Any enclosed space which is wholly or partly used or intended
to be used for living or sleeping by human occupants, provided that
temporary housing as hereinafter defined shall not be regarded as
a dwelling.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
A place or means of going out.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping or by any other recognized and legal
pest elimination methods approved by the local and state authority
having such administrative authority.
One adult person plus one or more persons who are legally
related to said person and residing in the same dwelling unit with
said person.
The animal and vegetable waste resulting from the handling,
preparation, cooking, serving and nonconsumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
laundries, furnace rooms, pantries, kitchenettes and utility rooms
of less than 50 square feet of floor space, foyers or communicating
corridors, stairways, closets, storage spaces and workshops, hobby
and recreation areas in unheated or uninsulated parts of structure
below ground level or in attics.
Water heated to a temperature of not less than 120° at
the outlet.
The presence within or around any dwelling of any insects,
rodents or other pests.
Any dwelling containing two or more than two dwelling units
and/or rooming units.
Any person living, sleeping, cooking or eating in or actually
having possession of a dwelling unit or a rooming unit, except that
in dwelling units, a guest will not be considered an occupant.
Any person who has charge, care, control or management of
a building or part thereof, in which dwelling units or rooming units
are let.
Any person who, alone or jointly or severally with others,
shall have:
(1)
Legal title to any premises, dwelling or dwelling
unit, with or without accompanying actual possession thereof; or
(2)
PERSON
PLUMBING
PREMISES
PRIVACY
RAT HARBORAGE
ROOMING HOUSE
ROOMING UNIT
RUBBISH
Charge, care or control of any premises, dwelling
or dwelling unit, as owner or agent of the owner, or an executor,
administrator, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this chapter and of rules and regulations adopted
pursuant thereto, to the same extent as if he were the owner.
Includes any individual, firm, corporation, association or
partnership.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, waste pipes, toilets,
sinks, installed dishwashers bathtubs, shower baths, installed clothes
washing machines, catch basins, drains, vents and any other similar
supplied fixture and the installation thereof, together with all connections
to water, sewer or gas lines.
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by any dwelling
or non-dwelling structure, and includes any such building, accessory
structure or other structure thereon.
The existence of conditions which will permit a person or
persons to carry out an activity commenced without interruption or
interference, either by sight or sound, by unwanted persons.
Any place where rats can live, nest or seek shelter.
Any dwelling or that part of any dwelling containing one
or more rooming units and/or one or more dormitory rooms.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
purposes.
Nonputrescible solid wastes (excluding ashes) consisting
of either:
(3)
Combustible wastes such as paper, cardboard, plastic
containers, yard clippings and wood; or
B.
Meaning of certain words. Whenever the words "dwelling,"
"dwelling unit," "rooming house," "rooming units," "premises" and
"structure" are used in the chapter, they shall be construed as though
they were followed by the words "or any part thereof." Words used
in the singular include the plural and the plural the singular; the
masculine gender includes the feminine and the feminine the masculine.
A.
Every dwelling unit shall have a room or portion of
a room in which food may be prepared. Such room shall be equipped
with a sink, cabinets and/or shelves for the storage of eating, drinking
and cooking equipment and food; a stove or other approved device for
cooking food; and a refrigerator or freezer for the safe storage of
perishable food.
(1)
Said cabinets or shelves shall be of sound construction
and shall be furnished with surfaces that are easily cleanable and
that will not impart any toxic or deleterious effects to food.
(2)
Said refrigerator need not be installed when a dwelling
unit is not occupied and when the occupant is expected to provide
the same upon occupancy.
B.
Every dwelling unit shall have a room which affords
privacy to a person within said room and which is equipped with a
flush toilet. Said toilet shall be in good working condition and properly
connected to an approved water supply system which provides at all
times an adequate amount of water under pressure and to an approved
sewage disposal system.
C.
Every dwelling unit shall have a sink located in the
same room as the toilet.
D.
Every dwelling unit shall have a room which affords
privacy to a person within said room and which is equipped with a
bathtub or shower.
E.
All kitchen and bathroom sinks, bathtubs and/or showers
shall be in good working condition and properly connected to an approved
water supply system which provides at all times an adequate amount
of heated and unheated water under pressure and to an approved sewage
disposal system.
F.
Each dwelling unit shall have a medicine cabinet or
similar facility for the safe storage of drugs and a suitable facility
for the safe storage of household chemicals and poisons.
G.
Structurally sound handrails shall be provided on
any stairs containing five risers or more. If steps are not enclosed,
handrails and balusters spaced not more than six inches apart shall
be provided. Porches and/or balconies located more than three feet
higher than the surrounding adjacent area shall have structurally
sound, protective handrails and, if unenclosed, balusters spaced not
more than six inches apart.
H.
Egress requirements shall be as follows:
(1)
Every dwelling unit shall have access to an approved
means of egress as required by the Building Regulations for Protection
from Fire and Panic and its amendments as promulgated by the Pennsylvania
Department of Labor and Industry.
(2)
A second means of egress shall be required from the
third floor of a building where part or all of a dwelling unit is
located on a third floor.
(3)
Fire escapes will not be allowed on street sides.
A.
Every dwelling unit and all public and common areas
within the structure shall be supplied with electric service, outlets
and fixtures which are properly installed, maintained in good and
safe working condition and connected to a source of electric power
in a manner prescribed by the National Board of Fire Underwriters.
The capacity of such services and the number of outlets and fixtures
shall be in conformance with the Aldan Building Code.[1]
(1)
Every habitable room shall have electric service with
adequate wattage to meet normal demand.
(2)
Every habitable room and every room used for food
preparation shall have at least one wall-type electric convenience
outlet for each 60 square feet or fraction thereof of total floor
area, and in no case fewer than two such outlets.
(3)
Every bathroom, kitchen or kitchenette, laundry room,
furnace room and public hall shall contain at least one supplied ceiling
or wall-type electric light fixture.
(4)
Switches or equivalent devices for turning on one
light in each room or passageway shall conveniently be located so
as to permit the area ahead to be lighted.
B.
Every public hall and stairway in every multiple dwelling
shall be adequately lighted by natural or electric light at all times
so as to provide in all parts thereof at least six footcandles of
light at the tread or floor level. Every public hall or stairway in
structures containing not more than two dwelling units may be supplied
with conveniently located light switches controlling an adequate lighting
system which may be turned on when needed, instead of full-time lighting.
C.
Every habitable room shall have at least one window
or skylight facing outdoors which can be easily opened, or such other
device as will adequately ventilate the room.
D.
Every bathroom and nonhabitable room used for food preparation shall comply with the light and ventilation requirement for habitable rooms contained in Subsections A, B and C, except that no window or skylight shall be required in such rooms if they are equipped with a ventilation or exhaust system in working condition which is approved by the CEO.
E.
Every dwelling shall have heating facilities which
are properly installed, maintained in safe and good working condition
and are capable of safely and adequately heating all habitable rooms
and bathrooms in every dwelling unit located therein to a temperature
of at least 65° F. at a distance of 18 inches above floor level
under ordinary winter conditions.
F.
Any resident who installs or operates a supplemental
heating system (appliance) shall make himself aware of its proper
use and maintenance.
A.
Every foundation, roof and exterior wall shall be
reasonably weathertight, watertight and damp-free, capable of supporting
the loads that normal use may cause to be placed thereon and kept
in sound condition and good repair. All exterior wood surfaces, other
than decay-resistant woods, shall be protected from the elements and
decay by paint or other protective covering or treatment using nontoxic
materials where readily accessible to children. Walls shall be capable
of affording privacy for the occupants.
B.
Every floor, interior wall, ceiling, inside and outside
stair and porch, and every appurtenance thereto, shall be safe to
use and capable of supporting the loads that normal use may cause
to be placed thereon and shall be kept in sound condition and good
repair. Every inside and outside stair or step shall have uniform
risers (seven inches to nine inches) and tread (minimum of 91/2 inches).
C.
Every window, exterior door and basement hatchway
or similar devices shall be kept rodentproof and reasonably watertight
and weathertight and shall be kept in working condition and good repair.
During that portion of the year when there is a need for protection
against flying insects, every door opening directly from a dwelling
unit to outside space shall have supplied properly fitting screens
having at least 16 mesh and a self-closing device; and every window
or other device with openings to outdoor space, used or intended to
be used for ventilation, shall likewise be supplied with screens.
D.
Every bathroom and kitchen floor and wall surface
shall be constructed and maintained so as to be reasonably impervious
to water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
E.
Every plumbing fixture, water and waste pipe, chimney,
flue, smoke pipe and every other piece of equipment/or utility which
is present in a dwelling or dwelling unit or which is required under
this chapter shall be properly constructed, installed and maintained
in good sanitary working condition in compliance with appropriate
statutes, chapters and regulations.
F.
All fences shall be maintained in good condition,
and any wood materials shall be protected against decay by use of
paint or other preservative. Wherever any egress from the dwelling
opens into the fenced area, there shall be a means of egress from
the premises to any public way adjacent thereto.
G.
Every premises shall be graded, drained, free of standing
water and maintained in a clean, sanitary and safe condition.
H.
Firewood shall be stacked, maintained and stored in accordance with the provisions hereunder. Violations of said provisions shall constitute a public nuisance subject to abatement pursuant to Chapter 167 of the Aldan Borough Code.
[Amended 12-8-2021 by Ord. No. 529]
(1)
It shall be unlawful for any person, partnership, association, corporation
or other entity, whether an owner or lessee of property, to maintain
any firewood on the property unless the firewood is stored, stacked
and/or piled in accordance with the provisions of this section.
(2)
All firewood shall be stacked and stored in a neat and orderly fashion
on a support structure that elevates the firewood four or more inches
above any surface upon which it is to be stored.
(3)
Stacks or piles of firewood shall not exceed four feet in height,
four feet in width, and eight feet in length as measured from the
support structure. A stack or pile of wood fitting these dimensions
shall be known as a "cord."
(4)
Each stack or pile of firewood shall be surrounded on all sides by
no less than four feet of open egress, which shall be maintained free
and clear of all materials.
(5)
Any and all stacks or piles of firewood shall be set back no less
than four feet from any fence or property line, and no less than six
feet from any structure. This provision shall not apply to a stack
or pile of firewood equaling no more than 1/2 cord placed near to
or abutting a structure for immediate home use.
(6)
Any and all stacks or piles of firewood shall be secured in such
a manner as to prevent falling or collapse.
(7)
Stacks or piles of firewood shall not be permitted within the required
front yard of a lot. This provision shall not apply to a stack or
pile of firewood equaling no more than 1/2 cord placed under a covered
porch for immediate home use.
(8)
All firewood shall be covered with a tarpaulin secured in such a
manner as to prevent water retention and allow free air movement.
This provision shall not apply to a stack or pile of wood equaling
no more than 1/2 cord placed under a covered porch for immediate home
use that is otherwise in compliance with the provisions of this section.
(9)
Stacks or piles of firewood shall be kept free of rodents and other
pests by way of rodent and insect traps.
(10)
The maximum number of cords permitted on each lot in the Borough shall be determined by zoning districts as defined in Chapter 256 of the Code. The total number of cords permitted on the premises in each zoning district within the Borough shall be:
|
District
|
Number of Cords
|
|---|---|
|
R-1
|
6
|
|
R-2
|
4
|
|
R-3
|
3
|
|
R-4
|
2
|
|
B
|
3
|
|
I
|
12
|
I.
Every dwelling, multiple dwelling, rooming house or
accessory structure and the premises on which located shall be maintained
so as to prevent and eliminate rodent harborage.
J.
All construction and materials, ways and means of
egress and installation and use of equipment shall conform to applicable
state and local laws dealing with fire protection.
K.
No owner, operator or occupant shall cause any service,
facility, equipment or utility which is required under this chapter
to be removed, shut off or discontinued for any occupied dwelling
or dwelling unit let or occupied by him, except for such temporary
interruption as may be necessary while actual repairs or alterations
are in process or during temporary emergencies when discontinuance
of service is approved by the CEO.
All dormitory rooms and/or rooming units in any rooming house shall be in compliance with the provisions of every section of this chapter, except the provisions of §§ 181-3 and 181-7. Dormitory rooms and rooming units shall be clean and sanitary and shall comply with all applicable requirements of the Commonwealth of Pennsylvania.
A.
At least one flush toilet, sink and bathtub or shower,
properly connected to a water and sewer system approved by the CEO
and in good working condition, shall be supplied for each six persons,
or fraction thereof, residing within a rooming house, including members
of the operator's family wherever they share the use of said facilities,
provided that:
(1)
All such facilities shall be so located within the
dwelling so as to be reasonably accessible from a common hall or passageway
to all persons sharing such facilities.
(2)
Every sink, bathtub or shower shall be supplied with
heated and unheated water under pressure at all times.
(3)
No such facility be located in a basement.
B.
The following provisions shall apply in all rooming
houses:
(1)
Cooking in dormitory rooms and rooming units is prohibited.
C.
Every room in a rooming house used for living or sleeping
purposes shall comply with all of the requirements of this chapter
pertaining to a habitable room.
D.
Every rooming unit in a rooming house shall have immediate
access to an approved means of egress as required by the Building
Regulations for Protection From Fire and Panic and its amendments
as promulgated by the Pennsylvania Department of Labor and Industry.
E.
Structurally sound handrails shall be provided on
any stairs containing five risers or more. If steps are not enclosed,
handrails and balusters spaced not more than six inches apart shall
be provided. Porches and/or balconies located more than three feet
higher than the adjacent areas shall similarly have structurally sound,
protective handrails and, if unenclosed, balusters spaced not more
than six inches apart.
F.
Unless exempted by the CEO, the operator of a rooming
house shall change supplied clean bed linens and towels therein at
least once a week and prior to letting any room to any occupant, and
the operator shall be responsible for the maintenance of all supplied
bedding in a clean and sanitary manner.
A.
Every owner of a dwelling containing two or more dwelling
units shall maintain in a clean and sanitary condition the shared
or public areas of the dwelling and premises thereof.
B.
Every occupant of a dwelling or dwelling unit shall
maintain in a clean and sanitary condition that part or those parts
of the dwelling, dwelling unit and premises thereof that he occupies
and controls.
C.
Every occupant of a dwelling or dwelling unit shall
store and dispose of all his rubbish in a clean, sanitary and safe
manner.
D.
Every occupant of a dwelling or dwelling unit shall
store and dispose of all his garbage and any other organic waste which
might provide food for insects and/or rodents in a clean, sanitary
and safe manner, and if a container is used for storage pending collection,
it shall be rodentproof, insectproof and watertight.
E.
Every owner of a dwelling containing three or more
dwelling units shall supply facilities or containers for the sanitary
and safe storage and/or disposal of rubbish and garbage. In the case
of single-family or two-family dwellings, it shall be the responsibility
of the occupant to furnish such facilities or containers.
F.
The owner of a dwelling unit shall be responsible
for providing and hanging all screens and double or storm doors and
windows whenever the same are required under the provisions of this
chapter or any rule or regulation adopted pursuant thereto, except
where there is a written agreement between the owner and occupant.
In the absence of such an agreement, maintenance or replacement of
screens, storm doors and windows, once installed in any one season,
become the responsibility of the occupant.
G.
Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of insects and/or
rodents on the premises; and every occupant of a dwelling unit in
a dwelling containing more than one dwelling unit shall be responsible
for such extermination whenever his dwelling unit is the only one
infested. Notwithstanding the foregoing provisions of this subsection,
whenever infestation is caused by failure of the owner to maintain
a dwelling in a rodentproof or reasonably insectproof condition, extermination
shall be the responsibility of the owner. Whenever infestation exists
in two or more of the dwelling units in any dwelling or in the shared
or public parts of any dwelling containing two or more dwelling units,
extermination thereof shall be the responsibility of the owner. The
tenant or tenants shall be granted the opportunity to inspect said
dwelling units after extermination has been completed.
H.
Every occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean, sanitary and operable condition and shall
be responsible for the exercise of reasonable care in the proper use
and operation thereof.
I.
From September 1 until June 1, in every dwelling unit
and/or rooming unit where the control of the supplied heat is the
responsibility of a person other than the occupant, a temperature
of at least 65° F. shall be maintained in all habitable rooms
and bathrooms at a distance of 18 inches above the floor level.
J.
All property owners, occupants or managers are responsible
for storing portable recreational equipment behind the front property
line after 8:00 p.m. during daylight savings tine, or 7:00 p.m. during
Eastern standard time. The phrase "portable recreational equipment"
includes, but is not limited to, the following items: toys, skateboard
ramps, bicycles, portable basketball nets/goals/backboards, hockey
goals or nets, soccer goals or nets, dirt bikes or scooters (motorized
or otherwise), etc.
[Added 11-10-2004 by Ord. No. 487]
B.
No concrete, macadam or other substances are to be
used to totally cover an existing grass area, i.e., front yards, areas
between the curb and sidewalk. These shall be maintained in grass
to perpetuate the natural beauty. Automobiles, motorcycles, motor
vehicles, etc., are not permitted to be parked on front lawns or yards
but on defined driveways only.
C.
All sidewalks and curbs in said Borough shall be maintained
in good repair and in shape to shed water to the gutters.
D.
Failure to maintain sidewalks and curbs will result
in the property owner first being notified of such condition and given
60 days to comply with said chapter or the Borough may file a citation
against the property owner. Sidewalk, curb and driveway repairs shall
require a permit from the Building Inspector.
E.
Driveways shall be no more than 18 feet in width.
No driveway shall be permitted in front of a home (actual structure)
unless it leads directly to a garage which is part of the structure.
Driveways may not be closer than two feet to a common property line.
Hardship cases in this regard shall be referred to the Zoning Board
for a special exception.
F.
Campers, boats, trailers and other similar items must
be 10 feet behind the building line and may not be closer than five
feet to any property line.
A.
Nothing contained in these standards is intended to
restrict, impede or prohibit the acceptance or application of new
developments or technology related to housing construction or materials
used in construction, utilities, facilities or fixtures.
B.
The Zoning Board shall have the authority to waive
any provision of this chapter, provided that such waiver is in harmony
with the general purpose and intent of this chapter or that there
are practical difficulties or unnecessary hardships in carrying out
the strict letter of this chapter.
[Amended 5-13-1992 by Ord. No. 445]
A.
The Code Enforcement Officer or Building Inspector
is hereby authorized and directed to inspect dwelling units subject
to the provisions of this chapter and to issue a use and occupancy
certificate for the same when required in the following instances:
(1)
Inspection of all rental units at least once a year.
(2)
Inspection of all units every time property is transferred
to a new owner.
(3)
Inspection as a result of a complaint by an occupant
or citizen of the Borough, other Borough officials, Borough police
officers or health officials of the commonwealth or federal government
relative to the regulation of areas dealing with health, structural
or environmental concerns.
(4)
Requirement that there be a posting of a use and occupancy
certificate in all rental units. A new use and occupancy certificate
is required every time the property, dwelling or unit is rerented.
(5)
Requirement that a new use and occupancy certificate
be obtained for all property, dwellings or units every time the property,
unit or dwelling is sold or otherwise transferred to a new owner.
(6)
Fees for inspections and the issuance of a use and
occupancy certificate shall be set via resolution by the Borough Council.
B.
Any owner of a property, unit or dwelling aggrieved
by a decision of the Code Enforcement Officer or Building Inspector
in denying a use and occupancy certificate may appeal such denial
to the Borough Council within 10 days from the date of such decision.
Such appeal shall be in writing, shall set forth the decision appealed
from and the reasons for the appeal and shall be verified by affidavit.
The appeal shall then be filed with the Borough Secretary, with a
true and correct copy of the same being contemporaneously forwarded
to the Borough Solicitor. It shall be the duty of the Borough Secretary
to bring said appeal to the attention of the Borough Council, which
shall proceed to consider said appeal at a special meeting of the
Council to be affixed therefor or at the next regularly scheduled
meeting of the Council to be held at least 10 days after the date
of the filing of such appeal. The decision of the Borough Council
upon the appeal shall be final. Any party participating in the appeal
shall have the right to:
(1)
Appear and be heard.
(2)
Be represented by counsel.
(3)
Give or present a short opening or introductory statement.
(4)
Present witnesses, evidence and testimony and cross-examination
of hostile or opposing witnesses, so long as all of the foregoing
is accomplished pursuant to the same rules applied by the courts of
Pennsylvania or such lesser rules of evidence as permitted by the
Borough Council.
(5)
Give or present a short closing or concluding summary
statement.
A.
The Code Enforcement Officer shall enforce the provisions of this chapter and is hereby authorized and directed to make inspections pursuant to one or more of the plans for inspection authorized by § 181-10A; or in response to a complaint that an alleged violation of this chapter or of applicable rules or regulations pursuant thereto may exist; or when the Code Enforcement Officer has valid reason to believe that a violation of this chapter or any rules and regulations pursuant thereto has been or is being committed.
B.
The Code Enforcement Officer is hereby authorized
to enter and inspect between the hours of 8:00 a.m. and 8:00 p.m.
all dwellings, dwelling units, rooming houses, rooming units and dormitory
rooms subject to the provisions of this chapter for the purpose of
determining whether there is compliance with its provisions.
C.
If any owner, occupant or other person in charge of
a dwelling, dwelling unit, rooming house, rooming unit or dormitory
room fails or refuses to permit free access and entry to any part
of a structure or premises under his control, with respect to which
an inspection authorized by this chapter is sought to be made, the
Code Enforcement Officer may, upon a showing that probable cause exists
for the inspection and for the issuance of an order directing compliance
with the inspection requirements of this section, petition and obtain
such order from a court of competent jurisdiction. The owner of the
property shall be responsible for all costs incurred by the Borough.
The Code Enforcement Officer is hereby authorized
to make, adopt, revise and amend such rules and regulations as he
deems necessary for the carrying out of the purposes of this chapter.
Rules and regulations must be approved by the Borough Council.
A.
Whenever the Code Enforcement Officer determines that
any dwelling, dwelling unit or rooming unit, or the premises surrounding
any of these, fails to meet the requirements set forth in this chapter
or in applicable rules and regulations issued pursuant thereto, he
shall issue a notice setting forth the alleged failures and advise
the owner, occupant, operator or agent that such failures must be
corrected. This notice shall:
(1)
Be in writing.
(2)
Set forth the alleged violations of this chapter or
of applicable rules and regulations issued pursuant thereto.
(3)
Describe the property, dwelling, dwelling unit, rooming
house, rooming unit or dormitory room where the violations are alleged
to exist or to have been committed.
(4)
Provide a reasonable time, not to exceed 60 days,
for the correction of any violation alleged (except in emergency situations).
(5)
Be served upon the owner, occupant, operator or agent
of the property, dwelling, dwelling unit, rooming house, rooming unit
or dormitory room personally or by certified mail, return receipt
requested, addressed to the last known place of residence of the owner,
occupant, operator or agent. If one or more persons to whom such notice
is addressed cannot be found after diligent effort to do so, service
may be made upon such person or persons by posting a notice in or
about the property, dwelling, dwelling unit, rooming house, rooming
unit or dormitory room described in the notice or by causing such
notice to be published in a newspaper of general circulation for a
period of three consecutive days.
B.
At the end of the period of time allowed for the correction
of any violation alleged, the Code Enforcement Officer shall reinspect
the property, dwelling, dwelling unit, rooming house, rooming unit
or dormitory room described in the notice.
C.
If, upon reinspection, the violations alleged are
determined by the Code Enforcement Officer not to have been corrected,
he shall proceed to file a chapter violation complaint with the District
Judge.
A.
It shall be the duty of all owners, occupants and
tenants of occupied properties and all owners, occupants, tenants
and possessors of vacant ground of the Borough of Aldan to cause said
properties or vacant ground to be kept clear of the storage of building
and construction materials and equipment and to be kept free of abandoned
or junked motor vehicles, bicycles, refrigerators, appliances, discarded
building materials and similar trash on their respective premises,
and if such owner, occupant, tenant or possessor of aforesaid shall
permit or suffer the same to collect or remain thereon for more than
seven days after notice has been received from the Code Enforcement
Officer to remove the same, which notice shall be served upon the
owner, occupant, tenant or possessor of said property either personally
or by certified mail, return receipt requested, to the owner of the
same at his last known address.
B.
If such owner, occupant, tenant or possessor shall
not remove such abandoned or junked motor vehicles, bicycles, refrigerators,
appliances and similar trash from his property within seven days after
notice from the Code Enforcement Officer to remove the same, it shall
be within the discretion of the Mayor and Police Department or the
Code Enforcement Officer of the Borough, upon the concurrence of the
Borough Council, to effect the removal of the same, and the cost of
such work, together with a penalty of 20% of such costs, shall be
collected from the owner, occupant, tenant or possessor of such property
in the manner provided by law for the collection of municipal claims
or by action of assumpsit.
[Amended 11-10-2004 by Ord. No. 487]
A.
The growth, maintenance or accumulation of weeds and
grass over six inches high, trees, vines, bushes, shrubbery or other
vegetative growth upon any lot, yard, area or parcel of ground within
the Borough of Aldan is declared to constitute a public nuisance wherever
and whenever the same shall cause or contribute to causing any of
the following conditions to exist:
(1)
Encroachment upon any sidewalk, highway, street, alley
or roadway so as to obstruct public passage upon same.
(2)
Encroachment upon any sidewalk, highway, street, alley
or roadway so as to obstruct or obscure traffic controls, traffic
signs, street line-painting, etc., upon same.
(3)
Prevention of the clear view of motor vehicle operators
of adjoining streets.
(4)
Causing or tending to cause the breeding, growth,
or harboring of mosquitoes, flies, rodents, mice or other insects.
(5)
Causing or creating a fire hazard.
(6)
The growth of the vegetation in any way that is determined
to be detrimental to the health or safety of the public.
B.
Whenever any condition as set forth in § 181-1 of this chapter shall be found to exist, the Code Enforcement Officer shall notify, in writing, the owner, tenant, occupier or agent of the property where the violation exists to remove or abate the condition in such manner and within such time as the Code Enforcement Officer shall direct. The notice shall be served upon said owner, tenant, occupier or agent either personally or by certified mail, return receipt requested, or by posting of premises if none of the above can be found or ascertained.
C.
In the event that the notice is not complied with
and the nuisance is not abated as directed, the Council of the Borough
of Aldan or its duly authorized representative may, at its election
and discretion, take either of the following actions:
(1)
Cause the arrest of the violator who shall thereafter
be given a hearing before a District Justice or other court of competent
jurisdiction.
(2)
Cause the condition to be removed or abated by Borough employees or contractors. Thereafter, all costs and expenses incurred during the removal or abatement, plus a service charge of 20% of the cost shall be certified to the Borough Solicitor, who shall proceed to collect the same by action in the name of the Borough as debts of like amount are collected or by the filing of a municipal lien against the owner, manager, or occupier of such property. The Borough is also entitled to receive all reasonable attorney fees, costs and expenses incurred during the collection/abatement process in accord with the rules and regulations set forth for the collection of municipal liens and claims as provided by Chapter 7 of this Code.
Any accessory structure, i.e., garage, shed, carport, etc., which is not used or not intended to be used for living or sleeping by human occupants and which is located on or partially on any premises must be maintained in proper condition and repair so as to be presentable in appearance, to not detract in any way from the protection, preservation and promotion of the physical and social well-being of the people of the neighborhood and Borough and to protect the safety and general welfare of the people. Whenever the Code Enforcement Officer determines that any accessory structure fails to meet the requirements as set forth in this section, he is authorized to proceed to issue a notice to the owner, occupant or other person in charge of said accessory structure and to follow the procedure as outlined in § 181-13, Notice of violation, of this chapter.
[Amended 8-14-1991 by Ord. No. 432; 5-13-1992 by Ord. No.
445; 11-10-2004 by Ord. No. 487]
A.
The Borough Council or its authorized representatives
or the Code Enforcement Officer or Building Inspector may, in addition
to other remedies, institute in the name of the Borough any and all
appropriate civil, equitable or administrative actions or proceedings
to prevent, restrain, correct or abate any owner, occupant, operator,
manager or agent of a property, dwelling, dwelling unit, rooming house,
rooming unit, structure or dormitory house who fails to comply with
or is in violation of any provision of this chapter.
B.
Any owner, occupant, operator, manager or agent of
a property, dwelling, dwelling unit, rooming house, rooming unit,
structure or dormitory house who fails to comply with or is in violation
of any provision of this chapter shall be subject to a civil enforcement
proceeding commenced by the Borough which, upon being found liable
for the same, shall pay a judgment of not more than $3,000 in addition
to all court costs, expenses and attorney's fees incurred by the Borough
as a result of said civil enforcement proceedings.
D.
If the defendant in any action or proceeding commenced within Subsections A and B above neither pays nor timely appeals the judgment, including all costs, fees and expenses regarding the proceedings contained in Subsections A and B above, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.
E.
Each day a violation of this chapter continues shall
constitute a separate and distinct violation.
G.
Enforcement remedies.
(1)
Any owner, occupant, operator, manager or agent of
a property, dwelling, dwelling unit, rooming house, rooming unit,
structure or dormitory house who fails to comply with or is in violation
of any provision of this chapter shall be guilty of a summary offense
and, upon conviction, shall be subject to a penalty of not more than
$1,000 and/or a term of incarceration not to exceed 30 days, in addition
to all court costs, expenses and attorney's fees incurred by the Borough.
(2)
Each day that a violation continues shall constitute
a separate and distinct offense.
