[HISTORY: Adopted by the Borough Council of the Borough of
Ligonier 4-14-2005 by Ord. No. 536. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Ligonier.
The official who is charged with the administration and enforcement
of this code, or any duly authorized representative. The Code Official,
or any duly authorized representative, shall have all authority necessary
to enforce the provisions of this act, including instituting summary
citation proceedings.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The animal and vegetable waste resulting from the handling,
preparation cooking and consumption of food.
The presence within or contiguous to a structure or premises
of insects, rats, vermin or other pests.
Any discarded material or article including, but not limited
to, scrap metal, scrapped, abandoned or junked furniture, appliances
and machinery. "Junk" shall not include refuse or garbage kept in
a proper container for the purpose of prompt disposal.
A motor vehicle nuisance shall include any motor vehicle
which is unable to move under its own power and has any of the following
physical defects:
Broken windshields, mirrors or other glass with sharp edges.
One or more flat or open tires or tubes which could permit vermin
harborage.
Missing doors, windows, hoods, trucks, trunk lids, or other
body parts which could permit animal harborage.
Any body parts with sharp edges including holes resulting from
rust.
Missing tires resulting in unsafe suspension of the motor vehicle.
Upholstery which is torn or open which could permit animal and/or
vermin harborage.
Broken headlamps or tail lamps with sharp edges.
Disassembled chassis parts apart from the motor vehicle stored
in a disorderly fashion or loose in or on the vehicle.
Protruding sharp objects from the chassis.
Broken vehicle frames suspended from the ground in an unstable
manner.
Leaking or damaged oil pan or gas tank which could cause fire
or explosion.
Exposed battery containing acid.
Inoperable locking mechanism for doors or trunks.
Open or damaged floorboards including trunk and firewall.
Damaged bumpers pulled away from the perimeter of vehicle.
Broken grill with protruding edges.
Loose or damaged metal trim and clips, broken communications
equipment and antenna.
Suspended on unstable supports.
Leaking or discharge of any vehicle fluid.
Such other defects which could threaten the health, safety and
welfare of the citizens of the Borough.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the county 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.
An individual, corporation, partnership, or any other group
acting as a unit.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Includes the following:
The physical condition or use of any premises regarded as a
public nuisance at common law.
Any physical condition, use or occupancy of any premises appurtenances
considered an attractive nuisance to children, including but not limited
to abandoned wells, shafts, basements, excavations and unsafe fences
or structures.
Any premises which has unsanitary sewage or plumbing facilities.
Any premises designated as unsafe for human habitation or use.
Any premises which is manifestly capable of being a fire hazard
or are manifestly unsafe or unsecure as to endanger life, limb or
property.
Any premises from which the plumbing, heating and/or facilities
required by this code have been removed or from which utilities have
been disconnected, destroyed or rendered ineffective or from which
utilities have been disconnected, destroyed or rendered ineffective
or the required precautions against trespassers have not been provided.
Any premises which is unsanitary or which is littered with rubbish
or garbage or which has an uncontrolled growth of weeds.
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 as not to provide shelter,
in danger of collapse or failure and dangerous to anyone on or near
the premises.
Combustible and noncombustible waste materials except garbage,
and the term shall include the residue from burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
That which is built or constructed, including without limitation
because of enumeration, buildings for any occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open-grade steps, sidewalks or stairways, tents
or anything erected and framed of component parts which is fastened,
anchored or rests on a permanent foundation or on the ground.
A.
Sanitation. All exterior property areas and premises shall be maintained
in a clean, safe and sanitary condition, free from any accumulation
of rubbish or garbage.
B.
Containers. The operator of every establishment producing garbage,
a vegetable waste or other putrescible material shall provide, and
at all times cause to be used, leakproof approved containers provided
with close-fitting covers for the storage of such materials until
removed from the premises for disposal.
C.
Grading and drainage. All premises shall be graded and maintained
so as to prevent the accumulation of stagnant water thereon, or with
any structure located thereon. Stagnant water shall be determined
as any accumulation that has not disbursed within seven days of the
last recorded local rainfall. Exception: Water retention areas and/or
reservoirs approved by the Code Official.
D.
Insect and rat control. An owner of a structure or property shall
be responsible for the extermination of insects, rats, vermin or other
pests in all exterior areas of the premises, except that the occupant
shall be responsible for such extermination in the exterior areas
of the premises of a single-family dwelling. Whenever infestation
exists in the premises of other than a single-family dwelling, extermination
shall be the responsibility of the owner.
E.
Weeds. All lots shall be maintained free from weeds or plant growth
in excess of six inches. All noxious weeds shall be prohibited. Weeds
shall be defined as all grasses, annual plants and vegetation other
than trees or shrubs; provided, however, that this term shall not
include cultivated flowers and gardens.
F.
Public nuisance. All exterior property areas and premises shall be
maintained in such a manner so as not to constitute a public nuisance.
G.
Motor vehicles in residential areas. No currently unregistered and/or
uninspected motor vehicle shall be parked on any property in a residential
district, and no vehicle shall at any time be in a state of disassembly,
disrepair, nor shall it be in the process of being stripped or dismantled.
A vehicle of any type shall not at any time undergo major overhaul,
including bodywork, in a residential district unless said work is
performed inside a structure or similarly enclosed area designed and
approved for such purposes. In addition, no currently unregistered
and/or uninspected motor vehicle shall be parked on any property in
a residential district if such motor vehicle constitutes a motor vehicle
nuisance.
[Amended 6-9-2005 by Ord. No. 538]
H.
Junk. No person, firm, or corporation owning property within the
Borough shall permit the accumulation or storage of any junk on said
property.
A.
General. The Code Official shall enforce all provisions of this chapter.
B.
Notices and orders. The Code Official shall issue all necessary notices
and orders to abate illegal or unsafe conditions to ensure compliance
with this chapter's requirements for the safety, health and general
welfare of the public.
C.
Inspections. In order to safeguard the safety, health and welfare
of the public, the Code Official is authorized to enter any structure,
premises or exterior property area at any reasonable time for the
purpose of making inspections and performing duties under this chapter.
D.
Right of entry. If any owner, occupant or other person in charge
of a structure, premises or exterior property area subject to the
provision of this code refuses, impedes, inhibits, interferes with,
restricts or obstructs entry and free access to any part of the structure
or premises where an inspection authorized by this chapter is sought,
the administrative authority shall be permitted to seek, in a court
of competent jurisdiction, an order that such owner, occupant or other
person in charge shall cease and desist with such interference.
E.
Access by owner or operator. Every occupant of a structure, premises
or exterior property area shall give the owner or operator thereof,
or agent or employee, access to any part of such structure, premises
or exterior property area, at reasonable times for the purpose of
making such inspection maintenance, repairs or alterations as are
necessary to comply with the provision of this chapter.
F.
Notice to owner or to person or persons responsible. Whenever the
Code Official determines that there has been a violation of this chapter
or has reasonable grounds to believe that a violation has occurred,
notice shall be given to the owner or the person or persons responsible
therefor in the manner described below.
G.
Manner of notice. The notice provided by the Code Official shall
be in writing, include a description of the real estate sufficient
for identification, include a statement of the reason or reasons why
it is being issued, and include a correction order allowing a reasonable
time for the repairs and improvements required to bring the structure,
premises or exterior property area into compliance with the provisions
of this chapter.
A.
Unlawful acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, extend, repair, remove, demolish, use
or occupy any structure, premises or exterior property area, or cause
the same to be done, contrary to or in conflict with or in violation
of any of the provisions of this chapter.
B.
Penalty. Any person, firm or corporation who or which shall violate
any provision of this chapter shall, upon conviction thereof, be subject
to a fine of no more than $1,000, plus costs, and in default of payment
of said fine and costs to imprisonment for a term not to exceed 30
days. Each day that a violation continues after due notice has been
served, in accordance with the terms and provisions hereof, shall
be deemed a separate offense.
C.
Borough permitted to perform work. If the tenant, occupant or owner
of the exterior property area permits or causes said property to be
maintained in violation of this chapter, the Borough may, after providing
said tenant, owner or occupant 20 days' prior written notice,
correct the matter giving rise to the violation at Borough expense
and may thereafter collect all costs and expenses, plus 10% incurred
in connection with correcting the violation by filing a municipal
claim or by an action in assumpsit.
