[HISTORY: Adopted by the Board of Supervisors of the Township
of Kidder as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-20-2013 by Ord. No. 158[1]]
[1]
Editor's Note: This ordinance also repealed former Ch.
134, Property Maintenance, adopted 2-16-2006 by Ord. No. 124.
A certain document in the administrative office of the Township of Kidder being marked and designated as Township of Kidder, being marked and designated as the International Property Maintenance Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Kidder, in the State of Pennsylvania for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Township of Kidder are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 134-2 of this article.
The following sections are hereby revised:
A.
In Section 101.1, insert "Township of Kidder."
B.
Section 103.5, Schedule of Fees, as adopted from time to time by
the Board of Supervisors of the Township of Kidder.
C.
Section 112.4, As adopted from time to time by the Board of Supervisors
of the Township of Kidder.
D.
In Section 302.4, revised definition of "weed" to read as follows:
"An herbaceous plant not valued for use or beauty growing wild and
rank and regarded as cumbering the ground or hindering the growth
of superior vegetation. Applied to a shrub or tree especially to a
large tree on account of its abundance in a district and unprofitable,
troublesome or obnoxious growth."
E.
Section 304.14, June 1 to October 1 of each calendar year.
F.
Section 602.3, No excepted periods.
G.
Section 602.4, No excepted periods.
Chapter 134 of the Code of the Township of Kidder and all other ordinances or parts of laws in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phrase of this
article is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this article.
The Township of Kidder hereby declares that it would have passed this
article, and each section, subsection, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
Nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in § 134-3 of this article nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
[Adopted 12-18-2014 by Ord. No. 169[1]]
[1]
Editor’s Note: This ordinance also superseded former
Art. II, Quality-of-Life Standards, adopted 5-15-2014 by Ord. No.
167.
Lack of maintenance of properties, improper storage of trash
and rubbish, storage of inoperable/nonregistered vehicles, and accumulation
of snow and ice are problems that contribute to the deterioration
of property values and general disorder in a community. These problems
degrade the physical appearance of the Township, which reduces business
and tax revenues inhibiting economic development. The quality of life
and community pride of the citizens of Kidder Township are negatively
impacted by the occurrences and existence of these activities. Recognizing
these are community problems, the purpose of this article is to promote
the health, safety and general welfare of the Township by helping
to create a clean environment for the citizens of Kidder Township.
The following words, terms and phrases, when used in this article,
shall be defined as follows, unless context clearly indicates otherwise;
A domesticated animal such as, but not limited to, a cat,
dog, horse, or other animal permitted to be in the Township.
An order issued by the Township or the police to appear before
a Magistrate District Judge at a later date.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of food.
Any waste material or a combination of solid, liquid, semisolid,
or contained gaseous material that because of its quantity, concentration,
physical, chemical, or infectious characteristics may:
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
Any motor vehicle which presents a hazard or danger to the
public or is a public nuisance by virtue of its state or condition
of disrepair not in the process of being repaired or restored, without
current registration and not in a garage or suitable enclosure for
such work.
Includes, but is not limited to, all waste material, garbage,
trash, wastepaper, tobacco products, wrappers, food or beverage containers,
newspaper, municipal waste, human waste, domestic animal waste, furniture
or motor vehicle seats, vehicle parts, automotive products, shopping
carts, construction or demolition material and recyclable material,
that has been abandoned or improperly discarded, deposited, or disposed.
Any person residing or working within the Township of Kidder
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
Any type of mechanical device, capable or at one time capable
of being propelled by a motor, in which persons or property may be
transported upon public streets or highways, and including trailers
or semitrailers pulled thereby, and which are required to be registered
with the state.
A motor vehicle with defects, including but not limited to a
combination of the following:
Broken windshields, mirrors, or other glass, with sharp edges.
Broken headlamps, tail lamps, bumpers, or grills with sharp
edges.
Any body parts, truck, firewall, or floorboards with sharp edges
or large holes. Rusted and/or jagged metal on or protruding from the
body of a vehicle.
Protruding sharp objects from chassis.
Missing doors, windows, hood, trunks, or other body parts.
Unsecured, open, or removed doors, hood, or trunk.
One or more open or flat tires or tubes.
Any vehicle suspended by blocks, jacks, or other such material
in a location which may pose a danger to the public, property owners,
visitors, or residents of the property on which said vehicle is found.
Storage or placement of the vehicle in an unbalanced condition,
on concrete blocks or other similar apparatus.
Any excessive fluids leaking from a vehicle which may be harmful
to the public or the environment. Leaking of any fluids from the vehicle
or deflated or flat tire(s).
Disassembled body or chassis parts stored in on or about the
vehicle.
Vehicles that do not display a current registration.
Such other defects which the Township determines to be a danger
to the general public or property.
Motor vehicles parked or otherwise located which may interfere
with flow of pedestrian or automobile traffic or impede emergency
efforts.
Harboring of rodents, insects, or other pests.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair.
Any garbage, refuse, industrial, lunchroom, or office waste,
and other material including solid, liquid, semisolid, or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments or from community activities,
and which is not classified as residual waste or hazardous waste as
defined herein. The term does not include source-separated recyclable
materials or organic waste.
A written document specifying the violation and containing
a directive to take corrective action within a specified time frame.
A person, agent, operator, firm or corporation having a legal
or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
principals of a limited liability company or officer, director or
shareholder of a corporation if that individual is responsible for
the management and control of the property; including the guardian
of the estate of any such person, and the executor or administrator
of the estate of such person, if ordered to take possession of real
property by a court.
Every natural person, firm, corporation, partnership, association,
or institution.
Any land and the improvements thereon owned by any person
and includes front, side, and rear yards; vacant lots, buildings and
other structural improvements; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial, or commercial purposes, whether inhabited, temporary,
continuously uninhabited, or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox belonging to or
appurtenant to such dwelling, house, building or other structure.
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the Township or causes a blighting effect in Township
neighborhoods.
Any police officer, authorized inspector, or public official
designated by the Township to enforce the Township ordinances.
The total width of any land used, reserved, or dedicated
as a street, alley, or utility easement, including curb and gutter
areas.
Any discarded material or other waste including solid, semisolid,
or contained gaseous materials resulting from construction, industrial,
mining, and agricultural operations.
Combustible and noncombustible waste materials, except garbage;
the term shall include combustible materials, paper, rags, cartons,
boxes, discarded construction material, excelsior, rubber, leather,
tin cans, metals, mineral matter, glass, and other similar materials.
The paved public right-of-way between the property line and
the curbline or the established edge of the roadway.
Any waste, including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
The Township of Kidder in Carbon County in the Commonwealth
of Pennsylvania.
Any planting that is cultivated and managed for edible or
ornamental purposes such as vegetable gardens, trees, shrubs, hedges,
flowers, ferns, etc.
An open space on the same lot with a structure.
A person, owner, responsible person or agent commits a quality-of-life
violation by any of the following:
A.
Accumulation of rubbish or garbage. All properties and the interior
of every structure shall be free from any accumulation of waste, trash,
rubbish or garbage which causes or creates an unhealthy, unsanitary,
dangerous or offensive living condition.
B.
Animal maintenance and waste/feces cleanup. Any person owning, harboring
or keeping a domestic animal within the Township of Kidder shall not
permit any waste matter/feces from the animal to collect and remain
on the property so as to cause or create an unhealthy, unsanitary,
dangerous or offensive living condition as this would constitute a
public nuisance.
C.
High weed, grass or plat growth. All property shall be maintained
free from lawn grass in excess of 10 inches and weeds causing a public
nuisance. Cultivated flowers, gardens, trees, ferns, animal feed and
shrubs shall not be included as a violation of this article.
D.
Motor vehicles. It shall be unlawful to store, park, or place any
unregistered, uninspected, inoperative, unlicensed, or public nuisance
motor vehicle on any property. No vehicle shall at any time be in
a state of major disassembly, disrepair, or in the process of being
stripped or dismantled unless in an approved structure or enclosed
area. Painting must be in an approved spray booth per Section 302.8
of the current International Property Maintenance Code. Exception:
Minor motor vehicle repairs may be performed in an open area of a
property but must be completed within 24 hours.
E.
Outside placement of indoor appliances/furniture. It is prohibited
to store appliances or furniture, including, but not limited to, ranges,
refrigerators, air conditioners, ovens, washers, dryers, microwaves,
dishwashers, mattresses, recliners, sofas, interior chairs, or interior
tables on exterior property areas for the purpose of sale or any other
reason, except for the temporary purpose to perform maintenance on
said property or for a yard sale, picnic, charity function or for
trash collection.
F.
Snow and ice removal from sidewalks. Every owner, tenant, occupant,
lessee, property agent, or any other person who is responsible for
any property within the Township of Kidder is required to remove any
snow or ice from their sidewalk within 24 hours of cessation of said
snow and ice falling. Furthermore, they must create a path, free from
any snow or ice on said sidewalk. If and/or when the snow and/or ice
cessation happens during the hours of darkness, the time limit for
removal of all snow and ice begins at daybreak.
G.
Storage containers for waste or trash.
(1)
The owner of every property shall supply containers for waste/trash,
as well as be responsible for the removal of rubbish. All containers
that store waste or trash shall be durable, watertight, and made of
metal or plastic. Containers must have tight-fitting covers, and must
be kept clean and odor free at all times. All containers must be stored
so said containers are not visible from the public right-of-way or
are in well-maintained wooden or plastic storage units. Waste and/or
trash may be stored in an approved dumpster visible from the public
right-of-way. Each dwelling is limited to containers not exceeding
50 gallons or 50 pounds in weight each and a maximum of five bags
of yard material. Yard material is permitted to be placed outside
of containers for pickup.
(2)
Waste/trash containers may only be placed in front of any property
on the day before the scheduled waste/trash pickup day. Currently,
trash collection is on Monday with the exception of a Tuesday collection
for Memorial Day and Labor Day. Should July 4, Christmas Day or New
Year's Day fall on a Monday, there would be a Tuesday collection.
The trash pickup schedule may be amended from time to time by resolution
of the Kidder Township Board of Supervisors. Once the licensed hauler
removes the waste/trash from any property, all containers must be
returned to an area not visible from the public right-of-way or placed
in a well-maintained wooden or plastic storage unit before dusk on
the day following pickup. (Example: John Doe's trash collection
day is Monday. John Doe may place his trash containers in front of
his property any time on Sunday. John Doe must place his trash containers
in a storage area not visible from the public right-of-way or in a
well-maintained, closed, wooden or plastic storage unit before dusk
on Tuesday.)
Upon finding a quality-of-life violation, any public officer
of the Township of Kidder may issue a notice of violation to the owner,
leasing agent and/or occupant of the property at issue or to the individual(s)
known to have violated this article.
A notice of violation shall be served upon a violator by mailing
the notice to the violator's address of record, and, if appropriate,
handing it to the violator, handing it at the residence of the person
to be served to an adult member of the household or other person in
charge of the residence, leaving or affixing the notice or violation
ticket to the property where the violation exists, handing it at any
office or usual place of business of the violator to his/her agent
or to the person for the time being in charge thereof.
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
A.
Any person or business violating this article is hereby directed
to satisfy the Township of Kidder and its citizens, upon issuance
of a notice of violation, by correcting the violation in question.
In the event the violation is not corrected within 15 days, a public
officer is authorized and empowered to cause a violation to be corrected.
In addition, should the violation present imminent danger, pose a
health hazard or a risk to the public, the violator is to correct
the problem within 72 hours. However the Township reserves the right
to perform the abatement immediately if deemed necessary. The cost
shall be determined by the Township Code Enforcement Officer in order
that the Township shall be compensated for both direct and indirect
costs and expenses incurred.
B.
The Township of Kidder and/or its contractor, at the direction of
the Township, reserves the right to abate the violation in question
at the expense of the owner. If the Township has abated the violation,
the cost thereof shall be charged to the owner of the property, tenant,
or offending party. A bill/invoice will be generated to the violator
for payment separate from the notice of violation, which is to be
paid separately.
C.
In all instances where the Township abates the violation, in addition
to the fine set forth in the notice of violation, the Township is
authorized to recover from the offending party, the owner of the property,
or tenant the abatement charges and such other charges established
by the Board of Supervisors and the rules and regulations.
D.
Township of Kidder cleanup. The Township reserves the right to perform
any necessary work to abate any violation once 15 days pass from the
date of issuance of the notice of violation. Should the violation,
at the discretion of the public officer, present imminent danger and/or
pose a health hazard and/or risk, the Township reserves the right
to perform the abatement immediately. The Township will perform this
work at a rate of $60 per hour, per man, in addition to the cost of
any material necessary for the abatement. The Township reserves the
right to charge an additional 20% on all material purchases to cover
all miscellaneous expenses, such as wear and tear on equipment.
E.
Contractor cleanup. The Township reserves the right to direct a contractor
to perform the abatement of the violation in question once 15 days
pass from the date of issuance of the notice of violation. Should
the violation present imminent danger and/or pose a health hazard
and/or risk, the Township reserves the right to direct the contractor
to perform the abatement immediately. The contractor will submit a
bill for the work to the Township of Kidder, and the Township will
charge these costs to the violator. The Township reserves the right
to add a processing fee of 30% in addition to the cost of the contractor.
B.
For the second offense of a violation of this article within a twelve-month
period, a notice of violation shall be issued in the amounts of $50,
as set forth on the chart below.
C.
For the third offense of a violation of this article within a twelve-month
period, a notice of violation shall be issued in the amounts of $100,
as set forth on the chart below.
D.
For each offense subsequent to three offenses of this article within
a twelve-month period, the amount of a notice of violation shall increase
in the amount of $150, accumulative for each subsequent offense.
E.
Any persons who receive a notice of violation for any violation of
this article may, within 15 days, admit the violation and pay the
fine in full satisfaction or request a hearing.
F.
Any person who violates this article shall pay a fine as set forth
herein for each offense, plus all direct and indirect costs incurred
by the Township for the cleanup and abatement of the violation.
|
Violation
|
Description
|
Fine I
|
Fine 2
|
Fine 3
| |
|---|---|---|---|---|---|
|
QOL-001
|
Accumulation of rubbish or garbage
|
$25
|
$50
|
$100
| |
|
QOL-002
|
Animal maintenance and waste/feces cleanup
|
$25
|
$50
|
$100
| |
|
QOL-003
|
High weeds, grass or plant growth
|
$25
|
$50
|
$100
| |
|
QOL-004
|
Motor vehicles
|
$25
|
$50
|
$100
| |
|
QOL-005
|
Outside placement of indoor appliances/ furniture
|
$25
|
$50
|
$100
| |
|
QOL-006
|
Snow and ice removal from sidewalks
|
$25
|
$50
|
$100
| |
|
QOL-007
|
Storing containers for waste or trash
|
$25
|
$50
|
$100
|
A.
If the person in receipt of a notice of violation of $25 or $50 does
not pay the fine or request a hearing within 15 days, the person will
be subject to a penalty of $10 for days 16 through 30.
B.
If the person in receipt of a notice of violation of $100 does not
pay the fine or request a hearing within 15 days, the person will
be subject to a penalty of $25 for days 16 through 30.
C.
If the person in receipt of a notice of violation of multiple violations
totaling $250 or higher does not pay the fine or request a hearing
within 15 days, the person will be subject to a $50 penalty for days
16 through 30.
D.
Failure of the person to make payment or request a hearing within
15 days of a notice of violation shall make the person subject to
a citation for failure to pay.
E.
If violations are continuous or egregious, the Township has the right
to issue a citation without first issuing a notice of violation. Upon
issuance of four notices of violation for the same violation, right
is reserved for the Township to issue a citation for the fifth and
subsequent offenses without first issuing a notice of violation for
the violation.
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this article
or of any regulation or requirement pursuant hereto and authorized
hereby shall, upon conviction, be ordered to pay a fine of not less
than $100 and not more than $1,000 on each offense, plus the costs
of prosecution, including restitution of the fees of the Township,
or shall be imprisoned for no more than 90 days, or both.
The Magisterial District Judge may order the violator to make
restitution to the Township of Kidder for the costs of prosecution,
including the fees of the Township.
A.
A person in receipt of a notice of violation may appeal to the Township
Manager by filing a request in writing within 15 calendar days of
the date of the notice of violation.
B.
In order for an appeal to be deemed valid and a hearing date and
time to be set, the following must be performed by the alleged violator
requesting the appeal within 15 calendar days:
(1)
All paperwork, including the appropriate appeal form for the appeal,
must be submitted and complete within 15 calendar days from the date
the notice of violation was issued.
(2)
Payment of the fine must be in full. Payment will be refunded within
30 calendar days should the alleged violator win his/her appeal. The
appeal hearing will be held before the Township Manager, and he/she
may uphold the appeal, deny the appeal, or may modify the notice of
violation, and/or any associated costs, fines or penalty amounts as
he/she sees appropriate. Any subsequent appeal must be made by the
alleged violator by filing with the Carbon County Court of Common
Pleas.
At the discretion of the Township of Kidder, all matters may
be turned over by the Township to a collection agency for collection
when payment is not received within 45 days of issuance of a notice
of violation for which an appeal is not taken and when monies paid
by the Township of Kidder for abatement of a violation are not paid
within 45 days of billing by the Township.
At the discretion of the Township of Kidder, liens may be placed
upon a property against which notices of violation were issued for
which payment is not received within 45 days of issuance or for which
monies paid by the Township of Kidder for abatement of a violation
are not recovered from the violator within 45 days of billing.
The penalty lien and collection provisions of this article shall
be independent, nonmutually exclusive separate remedies, all of which
shall be available to the Township of Kidder as may be deemed appropriate
for carrying out the purposes of this article. The remedies and procedures
provided in this article for violations hereof are not intended to
supplant or replace to any degree the remedies and procedures available
to the Township in the case of a violation of any other Township of
Kidder code or codified ordinances, whether or not such other code
or ordinance is referenced in this article, and whether or not an
ongoing violation of such other code or ordinance is cited as the
underlying ground for a finding of a violation of this article.
