This chapter shall be known and cited as the "Union Township
Property Maintenance Ordinance."
Recognizing the need within Union Township to establish certain
minimum health and safety requirements for those buildings, structures
or properties which are used or associated with human occupancy, this
chapter hereby establishes standards which the Board of Supervisors
considers to be fair and essential in meeting those minimum requirements.
This chapter, and the objectives leading to its enactment, are
authorized by the Second Class Township Code.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
COURT
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
INFESTATION
The presence of insects, rodents, vermin and/or other pests.
LOT
Plot, tracts, premises or parcel of land, with or without
improvements thereto.
OWNER
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or otherwise,
is vested with the title to a lot and/or improvements thereto or who
retains the exclusive control of such a lot and/or improvements thereto
in his capacity as a legal representative, such as an administrator,
trustee, executor, etc.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, motor vehicle parts, rubbish, ashes, dead animals and market
and industrial wastes.
UNOCCUPIED HAZARD
Any building, or part thereof, or man-made structure which
remains unoccupied for a period of more than six months, with either
doors, windows or other openings broken, removed, boarded or sealed
up; or any building under construction upon which little or no construction
work has been performed for a period of more than six months.
YARD
Any open space on the same lot with a building and for the
most part unobstructed from the ground up.
The provisions of this chapter shall supplement local laws,
ordinances or regulations existing in Union Township or those of the
Commonwealth of Pennsylvania. Where a provision of this chapter is
found to be in conflict with any provisions of a local law, ordinance,
code or regulation or those of the Commonwealth of Pennsylvania, the
provisions which are more restrictive or which establish the higher
standards shall prevail.
Any occupant of a premises shall be responsible for compliance with the provisions of this chapter with respect to the maintenance of that part of the premises which he occupies and/or controls in a safe, sound and/or sanitary condition pursuant to the terms of the contract/agreement under which he exercises occupancy and/or control thereof, except as provided for in §
194-11.
The Board of Supervisors may enter or may cause entry, through
an authorized representative of Union Township, onto premises for
the purpose of inspection of any and all premises, properties, buildings
and/or structures located within Union Township for ascertaining the
existence of violations. In those matters where the nature of an alleged
violation is such that an inspection of the interior of a building
or structure is necessitated, prior arrangements must be made with
the owner, or his agent, to secure access thereto.
If the owner does not comply with the notice to abate the conditions
within the time limit prescribed, Union Township shall have the authority
to take measures to correct the conditions and collect the cost of
such corrections plus 10% of all costs. Union Township, in such event
and pursuant to its statutory or otherwise authorized police powers,
shall have the right and power to enter upon the offending premises
to accomplish the foregoing.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a Magisterial District Judge 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 chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
chapter.
The remedies provided herein for the enforcement of this chapter
or any remedy provided by law shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
option of the Board of Supervisors.