Borough of Hellertown, PA Storage Containers

Any assembly of materials constructed to hold materials, goods and/or products for safekeeping contained in any and all temporary storage containers not permanently attached to the ground. Portable storage containers shall include any and all containers that are referred to as "PODS®." Portable storage containers shall also include all garbage disposal containers kept on public or private property to collect nonresidential waste, including construction and demolition waste and garbage to be removed by a private waste hauler. Portable storage containers shall not include garbage disposal containers which are kept on the property to collect residential and household waste and garbage to be removed by the Borough or private waste hauler.

STORAGE

A function involving the collection or deposition of materials, goods and/or products for safekeeping or disposal.

§ 372-2 Permit.

Any Borough property owner who desires to store a portable storage container on public or private property in accordance with the terms and conditions of this chapter must submit a permit application to the Borough Code Enforcement Officer or the designee of the Borough Code Enforcement Officer. A portable storage container permit shall be secured from the Borough Code Enforcement Officer prior to placing the portable storage container on public or private property. The Borough Code Enforcement Officer shall require that the permit application for a portable storage container shall contain all information necessary to enable the Code Enforcement Officer to ascertain whether the proposed portable storage container complies with the provisions of this chapter and is located and marked in a manner to preserve the public safety. The permit request shall be granted or denied within five days' receipt of the written application. The fee to be paid for the portable storage container permit shall be $75 for each time a permit or a renewal thereof is applied for. If a permit is granted, the portable storage container shall be stored on public or private property for a period defined in the portable storage container permit at a location acceptable to the Borough Code Enforcement Officer. In the event that the Borough Code Enforcement Officer shall determine, in his or her sole and absolute discretion, that said portable storage containers must be on public property, the Borough Code Enforcement Officer shall require the property owner to implement all necessary safety precautions that the Borough Code Enforcement Officer shall, in his or her sole and absolute discretion, deem necessary to protect the interests of the public.

§ 372-3 Storage containers restricted.

Failure to obtain a permit. A failure by any Borough property owner to submit a permit application to the Borough Code Enforcement Officer and/or a failure to obtain an approved permit from the Borough Code Enforcement Officer or the designee of the Borough Code Enforcement Officer is a violation of this chapter. In the event a portable storage container is placed on private or public property without first obtaining a permit, the property owner shall be cited and be subject to the penalty provisions set forth in § 372-5. In addition, the Borough Code Enforcement Officer or the designee is hereby authorized to require the property owner to immediately remove the portable storage container. The Code Enforcement Officer is also authorized to immediately remove the storage container pursuant to § 372-5 of the chapter.

Exceeding permit time limitation. It shall be deemed a violation of this chapter for the owner of any property or premises to store in the open any portable storage container for the purpose of depositing materials, goods and/or products of the property owner for safekeeping for a period in excess of the time limit set forth in the portable storage container permit unless a permit extension is obtained from the Code Enforcement Officer. Portable storage containers placed on public or private property to collect nonresidential waste, including construction and demolition waste and garbage to be removed by a private waste hauler, shall be permitted for the duration described in the permit and must be located and marked for safety in accordance with the permit conditions.

Violation of permit and/or ordinance conditions. When a Code Enforcement Officer or his or her designee shall determine that a portable storage container, as defined in § 372-1, is being maintained on public or private property in violation of the permit and/or any provision set forth in this chapter, said Code Enforcement Officer or the respective Code Enforcement Officer's designee shall notify the owner of the subject property according to § 372-4 of this chapter, directing the owner to correct the violation and come into full compliance with the terms of the permit and/or any condition of the chapter within five days of receipt of notification that the portable storage container has remained on public or private property in excess of the duration in the permit or in violation of any provision of the permit and/or chapter.

Dangerous condition. When a Code Enforcement Officer or his or her designee shall determine that a portable storage container, as defined in § 372-1, is being maintained in such a way as to endanger the health, safety and welfare of the general public, the Code Enforcement Officer or his or her designee is hereby authorized to notify the property owner according to § 372-4 to immediately remove the portable storage container from public or private property as set forth in the permit. The Code Enforcement Officer or his or her designee shall also be permitted to immediately remove the portable storage container, as set forth in § 372-5, and provide the property owner with a notice of removal, as set forth in § 372-4, and to seek any remedies provided therein for a violation of this chapter.

§ 372-4 Written notice to violators required.

Whenever a condition constituting a violation of this chapter occurs or is maintained, the Borough shall cause written notice to be served upon the owner in one of the following manners:

By making personal delivery of the notice to owners;

By handing a copy of the notice at the residence of the owner to an adult member of the family with which he resides, but if no adult member of the family is found, then to an adult person in charge of such residence;

By fixing a copy of the notice to the door at the entrance of the premises in violation; or

By mailing a copy of the notice to the last known address of the owner by certified mail.

§ 372-5 Violations and penalties.

This chapter shall be enforced pursuant to 53 P.S. § 46202.

Enforcement thereof shall be by an action before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Borough Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. No. 83(c) (relating to trial and summary cases). The Borough Council hereby sets a criminal fine in the amount not to exceed $300 per violation and the costs of prosecution and, in default of payment of such fine and costs of prosecution, to undergo imprisonment of not more than 10 days; provided, further, that each day's continuance of a violation shall constitute a separate event.

The Borough Council may direct the removal of the portable storage container, as the case may be, and to certify the costs thereof to the Borough Solicitor. The Borough shall send notice of the cost to the property owner, who shall pay said invoice within 10 days of receipt. In the event of failure to pay, pursuit to 53 P.S. § 48401 the cost of such removal, repair or alterations shall be a lien upon such premises from the time of such removal, which date shall be determined by the certificate of the person doing such work filed with the Borough. The Borough shall also have the right, pursuant to 53 P.S. § 48401, to pursue any other civil and/or equitable remedies permitted by law to obtain repayment of any and all costs incurred in enforcing the chapter.