[HISTORY: Adopted by the Borough Council
of the Borough of Greencastle 9-6-2005 by Ord. No. 2005-7; amended in its entirety 11-1-2010 by Ord. No. 2010-02. Subsequent amendments noted where applicable.]
For the purposes of this chapter, Borough Council shall appoint
a Chief Code Enforcement Officer for enforcement of the Property Maintenance
Code. The Chief Code Enforcement Officer shall have the authority
to appoint one or more deputies, who shall have powers as delegated
by the Chief Code Enforcement Officer. Council may choose to contract
with a code inspection agency to assist the Chief Code Enforcement
Officer in enforcing the provisions of this Code.
The Chief Code Enforcement Officer is hereby authorized and
directed to enforce the provisions of this Code and shall have the
authority to render interpretations of this Code and to adopt policies
and procedures in order to clarify the application of its provisions;
provided, however that such interpretations, policies and procedures
shall be in compliance with the intent and purpose of this Code.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number;
and the word "shall" is always mandatory and not merely directory.
Where terms are not defined through the methods authorized by this
section, such terms shall have ordinarily accepted meanings such as
the context implies.
The Borough of Greencastle.
The Council of the Borough of Greencastle.
Whole or partial pieces of stone, glass, wood or other material
resulting from destruction, demolition or remnants of building or
construction.
Having a wall or walls, window or windows and a door used
as access to the dwelling.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A condition which could cause serious or life-threatening
injury or death at any time.
The presence within or contiguous to a structure or premises
of insects, rats, vermin, or other pests.
Includes, but is not limited to, any discarded material or
article, including, but not limited to, unused or abandoned machinery,
equipment, or appliances and all forms of waste and refuse of any
type of materials, including scrap metal, glass, industrial wastes,
and any other salvageable material, unless for resale. Junk shall
not include refuse or garbage kept in a proper container for the purpose
of prompt disposal.
The lack of proper maintenance for a building or structure.
A vehicle which cannot be driven upon the public streets
for reason including, but not limited to, being unlicensed, wrecked,
abandoned, in a state of disrepair, or incapable of being moved under
its own power.
The unreasonable, unwarrantable, or unlawful use by a person
of his own property, real or personal, or from his own improper, indecent,
or unlawful personal conduct, working an obstruction or injury to
the property of others or which causes or tends to cause substantial
diminution in the value of other property in the neighborhood in which
such premises are located, and producing such material annoyance,
inconvenience, discomfort or hurt that the law will presume a consequent
damage. A nuisance includes, but is not limited to, the keeping, depositing,
or scattering over the premises any of the following:
Dangerous buildings.
Nonroadworthy vehicle.
Violations of building code provisions.
Weeds, brush, or grass in excess of 10 inches in height, which
are not edible or planted for some useful or ornamental purpose.
The keeping or maintaining of furniture or appliances designed
for interior use on a porch, whether or not enclosed, or upon any
other attachment that faces a regularly traveled roadway.
The use of a porch roof or other portion of a structure for
a use for which it was not designed.
The storage of trash or garbage containers on a porch or balcony
facing the roadway or in the front yard, unless such trash or garbage
containers are placed there 24 hours immediately prior to the regularly
scheduled trash collection for that dwelling.
Drainage of roofs and paved areas, yards and open courts, and
other open areas on premises or on adjacent premises discharged in
a manner which causes the erosion of soil, accumulation of stagnant
water, or damage to grass and landscaping.
Any person, agent, firm or corporation having a legal or
equitable interest in the property; or recorded in the official records
of the state, county or Borough as holding title to the property;
or otherwise having control for the property, including the guardian
of any 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.
Any natural person, firm, partnership, association, corporation,
limited liability company, company or any other organization of any
kind.
A container or enclosure for the purpose of controlled biologic
decomposition of organic materials into a fertilizer to be used for
on-site plant growth. A personal composting system shall not be within
10 feet of any lot line, nor shall it be maintained in such a way
so as to create a harbor for animals or infestation.
[Added 12-5-2022 by Ord. No. 2022-03]
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, leather, tree branches, yard trimmings, tin cans, metals, mineral
matter, glass, crockery and dust and other similar materials.
A material whose original purpose has been completed and
which has been discarded.
All grasses, annual plants and vegetation, other than trees
or shrubs; provided however, this term shall not include cultivated
flowers and gardens.
All accumulations of grass, shrubbery, or garden cuttings,
leaves, tree limbs, and any other material accumulated as the result
of the care of vegetation, including but not limited to lawns, shrubbery,
gardens, vines and trees, and excluding personal composting systems
as defined herein.
[Added 12-5-2022 by Ord. No. 2022-03]
A.
Nuisances, as defined in this chapter, are hereby declared to be
illegal.
B.
Nonroadworthy vehicle nuisances.
(1)
Nonroadworthy vehicle nuisances are hereby declared to be illegal.
(2)
To determine whether a vehicle is nonroadworthy and a nuisance in
fact, the following conditions shall be considered individually and/or
collectively. It shall be considered whether the vehicle has:
(a)
Proper license.
(b)
Current registration.
(c)
Current inspection.
(d)
Broken windshields, mirrors or other glass with sharp edges.
(e)
One or more flat or open tires or tubes that could permit infestation.
(f)
Missing doors, windows, hoods, trunks, or other body parts which
could facilitate the harboring of animals and/or other infestation.
(g)
Any body parts with sharp edges, including holes resulting from
rust.
(h)
Missing tires resulting in unsafe suspension of the motor vehicle.
(i)
Upholstery that is torn or open which could permit the harboring
of animals and/or other infestation.
(j)
Broken headlamps or tail lamps with sharp edges.
(k)
Disassembled chassis parts apart from the motor vehicle stored
in an unsafe fashion or loose, in or on the vehicle.
(l)
Protruding sharp objects from the chassis.
(m)
Broken vehicle frames suspended from the ground in an unstable
manner.
(n)
Leaking or damaged oil pan or gas tank that could cause fire
or explosion.
(o)
Exposed battery containing acid.
(p)
Inoperable locking mechanism for doors or trunk or hood.
(q)
Open or damaged floorboards, including trunk and firewall.
(r)
Damaged bumpers pulled away from the perimeter of vehicle.
(s)
Broken grill with protruding edges.
(t)
Loose or damaged metal trim and clips; broken communications
equipment and antenna.
(u)
Suspended on unstable supports.
(v)
Such other defects that may threaten the health, safety and
welfare of the citizens of the Borough.
C.
Nuisance enforcement.
(1)
Whenever a condition constituting a nuisance is permitted or maintained
upon premises situate in the Borough, the Borough Manager, any officer
of the Police Department or the Code Enforcement Officer shall cause
written notice to be served upon the owner in one of the following
ways:
(a)
By personal delivery of the notice to the owner, tenant or lessee
of the premises.
(b)
By leaving the notice with an adult upon the premises.
(c)
By attaching a copy of the notice to the door at the entrance
of the premises in violation.
(d)
By mailing, by certified mail, a notice to the last known address
of owner.
(2)
Such notice shall set forth in what respects such conditions constitute
a nuisance and whether removal is necessary and required by the Borough
or whether the situation can be corrected by repairs, alterations
or by boarding or fencing or in some other manner confining and limiting
the nuisance.
(3)
Such notice shall require the owner(s) to commence action, in accordance
with the terms thereof, when directed, and thereafter to complete
the work necessary to comply fully with the terms of the notice as
soon as is reasonable, but not later than of the date directed in
said notice, provided that the owner(s) has requested such an extension
within the original term for compliance.
(4)
The expense of said compliance shall be at the expense of the owner;
provided, however, that if a violation requires immediate correction,
such notice shall require the owner to immediately comply with the
terms thereof.
(6)
Each day shall constitute a separate violation of this chapter.
D.
Nuisance abatement.
(1)
The owner, owners, tenants, lessees and/or occupants of any lot or
premises within the Borough upon which a nuisance is found to exist
and also the owner, owners and/or lessees of said persons involved
in such storage (all of whom are hereafter referred to as "owners")
shall jointly and severally abate said nuisance by the prompt removal
of the same.
(2)
Additionally, whenever said owner(s) shall fail to abate said nuisance,
the Borough may take such action as is necessary to abate said nuisance
without liability for damage to the property. The actual costs of
abating said nuisance, including actual labor charges, equipment rental
charges, postage and a penalty of 10% of the total of these costs,
shall be collected from the owner of the premises either by an action
in assumpsit or by the filing of a municipal claim or lien against
the real property. Also, the Borough may, by an action in equity,
compel the owner to comply with this chapter or take such other relief
as a court may order.
A.
An unsafe structure is one that is found to be dangerous to the life,
health, property or safety of the public or the occupants of the structure
because the structure contains unsafe equipment or is so damaged,
decayed, dilapidated, structurally unsafe or of such faulty construction
or unstable foundation that partial or complete collapse is possible.
The conditions which may cause a structure to be classified as an
unsafe structure include, but are not limited to, the following:
(1)
The walking surface of any aisle, passageway, stairway or other means
of exit is so warped, warn, loose, torn or otherwise is unsafe as
not to provide a safe and adequate means of exit in case of fire or
panic.
(2)
Any portion, section or appurtenance of the building or structure
has been damaged by fire, wind, flood or by any other cause to such
an extent that it is likely to partially or completely collapse, fail,
detach or dislodge.
(3)
The building or structure, or any part thereof, because of dilapidation,
deterioration or decay; or faulty construction; or the removal, instability
or movement of any portion of ground necessary for the purpose of
such building; or the decay, deterioration or inadequacy of its foundation;
or any other cause, is likely to partially or completely collapse.
(4)
The building or structure has been so damaged by fire, wind, flood
or other causes or has become so dilapidated or deteriorated as to
become an attractive nuisance to children or a harbor of transients
or vagrants.
(5)
The building or structure used or intended to be used for dwelling
purposes is unsanitary, unfit for human habitation or in such condition
that it is likely to cause sickness or disease because of inadequate
maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air or sanitation facilities or other cause.
(6)
The building or structure creates a fire hazard by virtue of its
obsolescence, dilapidated conditions, deterioration, damage or other
cause.
(7)
Any portion of the building, including the foundation, slab or grade,
or structure remains on a site after the demolition or destruction
of the building or structure.
B.
Unsafe equipment includes equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
C.
A structure is unfit for human occupancy whenever the Code Enforcement
Officer finds that such structure is unsafe, or because of the degree
to which the structure is in disrepair or lacks maintenance is unsanitary,
vermin- or rat-infested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by this Code, or because the location
of the structure constitutes a hazard to the occupants of the structure
or the public.
A.
When, in the opinion of the Code Enforcement Officer, an unsafe structure
or a structure unfit for human occupancy exists, the Code Enforcement
Officer is authorized and empowered to order and require the occupants
to vacate the premises forthwith. The Code Enforcement Officer shall
cause to be posted at each entrance to such structure a notice stating
that the structure is unsafe or unfit for human occupation and occupancy
is prohibited by the Code Enforcement Officer.
B.
The owner of a building, premises or equipment deemed unsafe by the
Code Enforcement Officer shall abate, or cause to be abated or corrected,
such unsafe conditions either by repair, rehabilitation, demolition
or other approved corrective actions. A building permit is required
for all such abatement or corrective actions.
C.
The Code Enforcement Officer shall remove the notice stating that
the structure is unsafe or unfit for human occupancy after abatement
or correction of the unsafe condition. Any person who removes the
notice without the approval of the Code Enforcement Officer shall
be subject to penalties provided by this chapter.
D.
Whenever the owner of a building, premises, or equipment deemed unsafe
by the Code Enforcement Officer fails to abate, or cause to be abated
or corrected, the unsafe conditions, the Code Enforcement Officer
shall order the necessary work to be done to abate or correct the
unsafe condition without liability for damage to the property. The
actual costs of abating or correcting the unsafe condition, including
actual labor charges, equipment rental charges, postage and a penalty
of 10% of the total of these costs, shall be collected from the owner
of the premises either by an action in assumpsit or by the filing
of a municipal claim or lien against the real property. Also, the
Borough may, by an action in equity, compel the owner to comply with
this chapter or take such other relief as a court may order.
A.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 nor more than $300, plus costs of prosecution, and, in default
of payment of fine and costs, shall be subject to imprisonment for
a period not to exceed 30 days. Each day that a violation of this
chapter continues shall constitute a separate offense.
B.
Any violation of the property maintenance provisions of this chapter
is declared to be a public nuisance and abateable as such.
