[HISTORY: Adopted by the Board of Supervisors of the Township
of Union 8-11-2003 by Ord. No. 122. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 89.
Unsafe buildings — See Ch. 100.
Open burning — See Ch. 106.
Uniform construction codes — See Ch. 113.
Outdoor lighting — See Ch. 155.
Solid waste — See Ch. 218.
Streets and sidewalks — See Ch. 236.
Vehicle nuisances — See Ch. 258.
Zoning — See Ch. 280.
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.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin and/or other pests.
Plot, tracts, premises or parcel of land, with or without
improvements thereto.
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.
All putrescible and nonputrescible solid wastes, including
garbage, motor vehicle parts, rubbish, ashes, dead animals and market
and industrial wastes.
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.
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.
A.
No owner of any building or structure shall fail to take steps and
perform such maintenance thereto as may be required from time to time
to ensure the property is safe, sound, sanitary and secure and does
not present a health and/or safety hazard to surrounding properties
and to the general populace.
B.
No owner of any unoccupied building or structure shall fail to take
such steps as may be required to ensure that it is securely closed
so as to prohibit and deter entry thereto and to ensure that no health
and/or safety hazard, or threat thereof, is precipitated due to a
lack of maintenance or due to neglect.
C.
Owners of any and all unoccupied buildings and/or structures which,
through neglect, have deteriorated to the point of being classified
as unoccupied hazards, and therefore, constitute a severe health and/or
safety hazard, shall, upon direction of the Board of Supervisors or
its authorized representative, such as the Code Enforcement Officer,
remove or cause the removal of the building and/or structure.
No person shall permit:
A.
Fences and/or minor structures to be constructed and maintained so
as to present a safety or health hazard to persons and/or property;
B.
The development or accumulation of hazards, rodent harborage and/or
infestation upon yards, courts, lots;
C.
Objectionable materials, including but not limited to appliances,
tires, motor vehicle parts, garbage and refuse, to accumulate and/or
to be blown about the surrounding neighborhood;
D.
Wells, cesspools, cisterns and/or ponds of a similar nature to remain
open without adequate fencing or barricades to prevent access thereto
by the general public; or
A.
Grounds, buildings and structures shall be maintained free of insect,
vermin, rodent harborage and infestation.
B.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse.
C.
Where there exists rodent and vermin infestation, corrective measures
shall be undertaken by the property owner and/or occupant to alleviate
the existing problem(s), to include screening, extermination and/or
garbage and refuse control. Methods employed for extermination shall
conform with generally accepted practices.
No person shall permit:
A.
Roof. Surface and/or sanitary drainage to create a safety or health
hazard to persons and/or property by reason of inadequate and/or improper
construction of, or maintenance of, or manner of discharge.
B.
Roof gutters, drains or any other system designed and constructed
to transport stormwater to be discharged into any sanitary sewage
system and/or any part thereof.
C.
Any refrigerator, freezer and/or other similar storage chest to be
discarded, abandoned or stored in any place or location which is accessible
to the general public without first completely removing any and all
locking devices and/or doors. Any appliance that has freon must have
certification that freon was removed properly.
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.
A.
The owner of a premises shall comply with the provisions of this
chapter as well as operators and occupants, regardless of any agreements
between owners and operators or occupants as to which party shall
assume such responsibility.
B.
In instances where an occupant is responsible, or shares responsibility
with an owner, for the existence of one or more violations of this
chapter, said occupant shall be deemed responsible and treated as
if an owner within the true intent and meaning of this chapter.
C.
In instances where an occupant is responsible, or shares responsibility
with an owner, and fails to correct a violation of this chapter, said
owner of property shall be deemed responsible and be treated within
the true intent and meaning of this chapter.
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.
A.
If noncompliance with the provisions of this chapter constitutes
a nuisance, or if any condition, structure or improvement poses a
threat to the health, safety or welfare of the public, the Code Enforcement
Officer shall issue a written notice to be served by registered or
certified mail upon the owner of said premises or, if the owner's
whereabouts or identity be unknown, by posting the notice conspicuously
upon the offending premises.
B.
Said notice shall specify the condition or structure or improvement
complained of and shall require the owner to commence to remove or
otherwise rectify the condition or structure or improvement as set
forth therein within 10 days of mailing or posting of said notice
and thereafter to fully comply with the requirements of the notice
within a reasonable time.
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.