[Adopted 4-24-1986 by Ord. No. 1356 (Ch. 10, Part 4, of the
1986 Code of Ordinances)]
As used in this article, terms shall have the meanings indicated
in this section, unless a different meaning clearly appears from the
context:
Water contained in ditches, pools, ponds, streams, excavations,
holes, depressions, open cesspools, privy vaults, fountains, cisterns,
tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles,
tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels,
receptacles of any kind, or other containers or devices which may
hold water.
A container of metal, wood, heavy-duty plastic or synthetic
material of solid construction, with a tight-fitting cover secured
against wind and leakage.
Fallen into partial ruin or decay.
Storage, collection, disposal or handling of refuse.
The control and elimination of vectors by eliminating their
harborage places; by removing or making inaccessible materials that
may serve as their food; by poisoning, spraying, fumigating, fogging,
larviciding, trapping or by any other recognized and legal vector-control/elimination
methods approved by the local or state authority having such administrative
authority.
All animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of food.
Any place where vectors can live, nest or seek shelter.
Used, stripped, junked, wrecked or otherwise unusable automobiles
or other vehicles, machinery, implements, unusable or discarded tires,
batteries or other vehicle parts; appliances, such as stoves, refrigerators,
freezers, etc.; discarded or unusable building materials such as lumber,
shingles, lathe, plaster board, tar paper, siding, broken stone, brick,
cement, block or plaster; boxes, barrels, bottles, cans, glass, scrap
iron, wire metal articles, broken plumbing fixtures and pipe, broken
pottery and/or any other equipment or personal property of any kind
that is no longer safely usable for the purpose for which it was manufactured.
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of the City of Washington.
Any person over one year of age living, sleeping, cooking
or eating in or actually having possession of a dwelling unit or a
rooming unit; in dwelling units, a guest will not be considered an
occupant.
Any person who, alone or jointly or severally with others,
shall have:
Legal title to any premises, dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Charge, care or control of any premises, dwelling or dwelling
unit, as owner or agent of the owner, or an executor, administrator,
trustee or guardian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this article and of the rules and regulations adopted pursuant
thereto to the same extent as if he were the owner.
Any natural person, firm, partnership, association or corporation.
All solid wastes, except human body wastes, and including
handling of refuse.
Glass, metal, paper, plant growth, wood or nonputrescible
solid wastes.
A rodent, arthropod or insect capable of transmitting a disease
or infection, including but not limited to rats, mosquitoes, cockroaches,
flies and ticks.
It shall be unlawful:
A.
For any person to deposit or to knowingly permit any person acting
as agent, employee or servant of said person to deposit any refuse,
offal, pomace, dead animals, decaying matter, or organic substance
of any kind in or upon any private lot, building, structure, accessory
structure, premises or in or upon any street, avenue, alley, parkway,
ravine, ditch, gutter or into any of the waters of the commonwealth
so that the same shall or may afford food, harborage or breeding areas
for vectors.
B.
For any person to deposit or permit to accumulate in or upon any
premises, improved or vacant, or on any open lot or alley, any junk,
rubbish or garbage, as defined by this article, unless the same is
stored in covered receptacles or completely enclosed in buildings
authorized for the use.
C.
To maintain a junkyard or a place for the dumping or wrecking or
disassembling of automobiles, trucks, tractors or machinery of any
kind or of any of the parts thereof, or for the storing or leaving
of any machinery or equipment used by contractors or builders or by
other persons in such a manner as to afford harborages or breeding
areas for vectors.
D.
To store refuse in containers other than covered receptacles which
shall be kept clean by rinsing and draining as often as necessary
so as not to provide food or breeding areas for vectors.
E.
To dump, burn, bury, destroy or otherwise dispose of refuse except
at an approved refuse disposal site.
F.
To collect, haul, transport or convey garbage in open, unenclosed
nonleakproof vehicles.
G.
To have, keep, maintain, cause or permit, except for agricultural
or industrial purposes, any collection of standing or flowing water
in which mosquitoes breed or are likely to breed, unless such collection
of water is treated or maintained so as effectually to prevent such
breeding.
A.
Every owner of a dwelling containing two or more dwelling units shall
maintain in a clean and sanitary condition the shared or public areas
of the dwelling and premises thereof in such a manner as to prevent
breeding areas and harborages for vectors.
B.
Every occupant of a dwelling unit in a dwelling containing more than
one dwelling unit shall be responsible for extermination within his
dwelling unit. Notwithstanding the foregoing provisions of this subsection,
whenever infestation is caused by failure of the owner to maintain
a dwelling in a rodentproof or reasonably insectproof condition, extermination
shall be the responsibility of the owner. Whenever infestation exists
in two or more of the dwelling units in any dwelling, or in the shared
or public parts of any dwelling containing two or more dwelling units,
extermination shall be the responsibility of the owner.
The Board of Health or the Health Officer acting as the representative thereof is hereby authorized to give notice by personal service or by United States Mail to the owner or occupant, as the case may be, of any premises whereon junk, rubbish, refuse or garbage is accumulated or stored in violation of the provisions of § 222-6 of this article, directing and requiring such occupant to promptly remove such nuisance into completely enclosed buildings authorized for the use or storage purposes within the City of Washington, or otherwise remove said nuisance to a location outside the limits of the City of Washington so as to conform to the requirements of this article, within 10 days after issuance of such notice. Whenever, in the judgment of the Health Officer, it shall appear to be impracticable to give notice as provided herein, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Board of Health or the Health Officer acting as representative thereof may give notice by posting conspicuously on the property where such nuisance exists a notice or order directing and requiring that such nuisance be abated within 10 days. In addition to the penalties herein provided, the City of Washington shall have the right and privilege to remove said personal property to a location of its selection for storage. The City of Washington shall notify the last known owner or owners of the personal property removed that the same has been placed in storage and shall be sold after the expiration of 30 days if removal and storage charges are not paid by the responsible owner or owners. In the event that such personal property has been placed in storage by the City of Washington, said personal property may be sold by the City of Washington for payment of removal and storage charges. If the proceeds of such sale are insufficient to pay the costs of removal and storage, the owners of such personal property shall be liable to the City of Washington for the balance of the costs, jointly and severally, to be recoverable in a suit at law. If the proceeds of such sale are in excess of the costs thereof, the balance shall be paid said owner or owners or deposited in the municipal treasury for the use of said owner or owners.
The owner or occupant of any premises may appeal before the
Board of Health a notification from the Health Officer to remove junk,
rubbish, refuse or garbage. Application for appeal may be made when
it is claimed that the true intent of this article has been incorrectly
interpreted or the provisions of this article do not fully apply.
Application for an appeal hearing must be in writing, setting forth
a brief statement of the grounds therefor and submitted to the Secretary
of the Board of Health within 10 days after the notice was served.
Appeals shall be heard at the public monthly meeting of the Board
of Health, providing that the meeting is not scheduled sooner than
five days after the request was received. In such case, the Board
of Health may call a special meeting to hear the appeal or schedule
the appeal for the next monthly meeting.
The applicant shall be notified of the hearing date and shall
be given the opportunity to be heard and to show why such notice should
be modified or withdrawn. When three members of the Board are not
present to consider a specific appeal, either the appellant or the
Health Officer may request a postponement. A postponement may also
be granted if the appellant has submitted a good and sufficient reason
for such postponement. The Board shall affirm, modify or reverse the
decision of the Health Officer by a concurring vote of three members.
Every action of the Board shall be a resolution, and certified copies
shall be furnished to the appellant and the Health Officer. Failure
to secure three concurring votes shall be deemed a confirmation of
the decision of the Health Officer, except that the appellant shall
be entitled to a further hearing before the full Board if there were
not five members present when the vote was taken. The Health Officer
shall immediately take action in accordance with the decision of the
Board.
Any person aggrieved by a decision of the Board of Health may
apply to the appropriate court of jurisdiction within 15 days after
the filing of the Board's decision in the office of the Health
Officer.
[Amended 12-7-2006 by Ord. No. 1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
