[HISTORY: Adopted by the Board of Supervisors of the Township
of Connoquenessing 9-7-2005 by Ord. No. 73-2. Amendments noted where
applicable.]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
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.
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.
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.
Owner for the purpose of this article when the lessor holds
the lessee responsible for maintenance and repairs.
Plot, tracts, premises or parcels of land with or without
improvements thereto.
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.
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.
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.
A natural person, firm, partnership, association, corporation
or other legal entity.
All putrescible and nonputrescible solid wastes, except human
body wastes, including garbage, rubbish, ashes, street cleanings,
dead animals and solid market and industrial wastes.[1]
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.
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.
A.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 164-2 above may store such vehicle(s) in the Township only in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply for a permit for either temporary or permanent storage and pay a fee to the Township pursuant to a resolution of the Board of Supervisors. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or, outside within an opaque fence at least six feet high, which is locked at all times when unattended.
B.
With the special approval of the Board of Supervisors, motor vehicle
nuisances may also be stored outside in an area enclosed by a chain-link
fence, at a minimum height of six feet, screened by shrubbery surrounding
the perimeter to the height of the fence, with an unobstructed gate
capable of admitting fire or emergency equipment. Such gate shall
remain locked at all times when unattended. In addition, all gas and
oil or other flammable liquid shall be removed from the motor vehicle
and it shall be kept free of animal and/or vermin infestation while
being stored.
C.
Nothing herein shall be construed to permit the storage of motor
vehicle nuisances contrary to the provisions of the Township zoning
ordinance, if any.
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 insure that these are securely closed
so as to prohibit and deter entry thereto and to insure 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 Code Enforcement Officer,
remove or cause the removal of the building and/or structure.
D.
An occupied or unoccupied structure damaged by fire, weather, flooding,
or other natural event, disaster or act of God shall be secured by
the property owner or occupier within 36 hours of said event or when
said property is released from police or fire custody.
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.
A.
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation.
B.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse, excluding normal
agricultural practices.
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 and/or collection. Methods employed for
extermination shall comply with generally accepted practices.
No owner shall permit:
A.
Roof, surface and/or sanitary drainage to create a safety and/or
health hazard to persons and/or property by reason of inadequate and/or
improper construction or maintenance or manner of discharge.
A.
Noncompliance with the provisions of this article constitutes a nuisance
and the Township or its designated enforcement officer shall issue
a written notice of the nuisance 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 nature of the violation or nuisance
complained of and shall require the owner to commence to remove or
otherwise rectify the nuisance 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 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.
A.
Any person aggrieved by the determination of the Township or its
designated enforcement officer may request and shall then be granted
a hearing before the Board of Supervisors of the Township; provided,
he/she files with the Township within 10 days after the mailing date
of the notice to comply, a written petition requesting such hearing
and setting forth a brief statement of the grounds therefor. The hearing
shall commence not later than 30 days after the date on which the
petition was filed unless postponed for sufficient cause or by agreement
of the parties.
B.
After such hearing, the Board of Supervisors shall sustain, modify
or overrule the action of the Code Enforcement Officer.
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.
A.
Owner of premises shall comply with the provisions of this article
as well as operators and occupants, regardless of any agreement between
owners and operators 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
article, said occupant shall be deemed responsible and treated as
if an owner within the true intent and meaning of this article.
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.[1]
