As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
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.
ENFORCEMENT OFFICER
The official or any duly authorized representative of the
Township of Connoquenessing, who is charged by the Supervisors with
the administration and enforcement of this article.
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.
LESSEE
Owner for the purpose of this article when the lessor holds
the lessee responsible for maintenance and repairs.
LOT
Plot, tracts, premises or parcels of land with or without
improvements thereto.
MOTOR VEHICLE
Any type of mechanical device, propelled by a motor in which
persons or property may be transported upon public streets or highways,
and including trailers or semitrailers pulled thereby.
NUISANCE
Any condition, structure or improvement which shall constitute
a danger or potential danger to the health, safety or welfare of the
citizens of the Township.
OWNER
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance of 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.
PERSON
A natural person, firm, partnership, association, corporation
or other legal entity.
REFUSE
All putrescible and nonputrescible solid wastes, except human
body wastes, including garbage, rubbish, ashes, street cleanings,
dead animals and solid market and industrial wastes.
UNOCCUPIED HAZARD
Any building or part thereof or man-made structures 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.
It shall be unlawful for any person, owner or lessee to maintain
a motor vehicle upon the open private grounds of such person, owner
or lessee within the Township that is unable to move under its own
power and has one or more of the following physical defects:
A. Broken windshields, mirrors or other glass, with or without sharp
edges.
B. One or more flat or open tires or tubes that could permit vermin
harborage.
C. Missing doors, windows, hood, trunk or other exterior body parts
that could permit animal harborage.
D. Any exterior body parts with sharp edges, including holes resulting
from rust.
E. Missing tires resulting in unsafe suspension of the motor vehicle.
F. Upholstery which is torn or open that could permit animal and/or
vermin harborage.
G. Broken head lamps or tail lamps with sharp edges.
H. Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or out or on the motor vehicle.
I. Protruding sharp objects from the chassis.
J. Broken vehicle frame suspended from the ground in an unstable manner.
K. Leaking or damaged oil pan or gas tank that could cause fire, explosion
or ground contamination.
L. Exposed battery containing acid.
M. Inoperable locking mechanism for doors and/or trunk.
N. Open or damaged flood boards, including trunk and firewall.
O. Damaged bumpers pulled away from the perimeter of the motor vehicle.
P. Broken grill with protruding edges.
Q. Loose or damaged metal trim and clips.
R. Broken communication equipment antennas.
S. Suspended on unstable supports.
T. Such other defects that could threaten the health, safety and welfare
of the citizens of the Township.
No owner shall permit or cause:
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 refuse, hazards, rodent harborage
and/or infestation upon yards, courts, lots;
C. Garbage and refuse materials to accumulate and to be blown about
the surrounding neighborhood;
D. Wells, cesspools, pits, open mines, or cisterns to remain open without
adequate fencing or barricades to prevent access thereto by the general
public;
E. The accumulation of grass and weeds, rising above the height of two
feet, heavy undergrowth and/or vegetation which would impair the health
and/or safety of the neighborhood; nor shall they permit any trees,
plants or shrubbery or any portion thereof to grow on their property
and which constitute a safety hazard to pedestrian and/or vehicular
traffic.
F. Exception. Nothing contained herein, however, shall require the cutting
of grass, weeds or other vegetation growing in areas which customarily
and historically have contained brush and dense foliage, or which
remain undeveloped and are not proximate or contiguous to developed
areas; nor shall any such grass, weeds or other vegetation be required
to be cut or maintained where such cutting or maintaining would impose
a hardship on the property owner because of the presence of extreme
slope grades, crevasses, or the existence of areas which are unable
to be reasonably cleared.
If the owner does not comply with the notice to abate the nuisance
within the time limit prescribed, the Township of Connoquenessing
shall have the authority to take measures to correct the conditions
and collect the cost of such corrections plus 10% of all costs. The
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.
An occupant of any premises shall be responsible for compliance
with the provisions of this article 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.
The Code Enforcement Officer and his designated agents, in addition
to any other power set forth herein, is hereby empowered as follows:
A. To cause entry onto premises and/or property for the purpose of taking
remedial measures to secure the safety of the public or otherwise
abate an imminent health and safety hazard. No entry shall be permitted
unless the Code Enforcement Officer sends written notice to the owner
of record, except in the case of emergency, in which case the Code
Enforcement Officer may take appropriate action without notice.
B. Upon probable cause, to cause entry onto premises and/or property located within the Township for ascertaining the existence of violations in accordance with the provisions of this article. Where no imminent health and safety hazard or emergency exists as anticipated by Subsection
A above, the Code Enforcement Officer shall utilize good faith efforts to make prior arrangements with the owner or his agent, to secure access to the premises and/or property.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
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
article.
The remedies provided herein for the enforcement of this article
or any remedy provided by law, shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively at the
sole option of the Township.
The provisions of this article shall supplement local laws,
ordinances or regulations existing in the Township of Connoquenessing
or those of the Commonwealth of Pennsylvania. Where a provision of
this article is found to be in conflict with any provision of a local
law, ordinance, code or regulation of those of the Commonwealth of
Pennsylvania, the provision which is more restrictive or which establishes
the higher standard shall prevail.