[Adopted 5-12-2005 by Ord. No. 1766]
[Amended 9-13-2011 by Ord. No. 1849]
The City Council hereby finds that nuisance properties place a substantial and unacceptable threat and burden on the common health, safety and welfare of the residents of the City of Clairton. The City Council directs members of the Clairton Police Department and the Clairton Code Enforcement Officer, as provided in the following sections, to charge the costs and fines of nuisance properties to the property owner in an effort to deter repeated violations of state and local law and to ensure restoration of the common health, safety and welfare of City residents.
[Amended 9-13-2011 by Ord. No. 1849]
As used in this article, the following terms shall have the meanings indicated:
AUTHORITIES
Clairton police officers and/or the Clairton Code Enforcement Officer.
ENUMERATED INFRACTIONS
Any of the following activities, behaviors, or conduct, whenever engaged in by the owner(s), operator(s), tenant(s), occupant(s) or their invitee(s) occurring within the boundary lines of the property or 100 feet or less outside the boundary lines of the property, including but not limited to:
A. 
Violation of Clairton City Code: Building.[1]
B. 
Violation of Clairton City Code: Noise Control.[2]
C. 
Violation of Clairton City Code: Weeds and Grass.[3]
D. 
Violation of Clairton City Code: Number of Pets Permitted on City Limits; Exceptions.[4]
E. 
Under Pennsylvania Law, anything designated a summary offense, a misdemeanor or a felony.
NUISANCE PROPERTY
Any properties zoned R-1 (Residential), R-2 (Residential), R-3 (Residential), S-2 (Conservation), B-1 (Business), and B-2 (Neighborhood Shopping)[5] that generate at least a combined three or more citations from Clairton police and/or Clairton code enforcement services for any enumerated infraction on three separate occasions within any six-month period or any of the above-zoned properties with one or more units that generate at least a combined three citations from one unit or five citations from the entire building from police and/or code enforcement services for any enumerated infraction on separate occasions within any six-month period.
PERSON ASSOCIATED WITH
Any person who, whenever engaged in any enumerated infraction enters, patronizes, or attempts to enter, patronize, or visit, or waits to enter, patronize, or visit, a property or person present on a property, including any officer, director, customer, agent, employee or independent contractor of a property owner.
PROPERTY OWNER
Any person or business entity, profit or not-for-profit, owning an interest in any property within the boundaries of the City of Clairton.
[1]
Editor's Note: See also Ch. 163, Building Construction, and Ch. 171, Construction Codes, Uniform.
[2]
Editor's Note: See also Ch. 243, Noise.
[3]
Editor's Note: See also Ch. 159, Brush, Weeds and Grass.
[4]
Editor's Note: See also Ch. 179, Dogs and Other Animals, Art. I, Animals and Fowl.
[5]
Editor's Note: The cited districts refer to designations in a prior Zoning Ordinance. See now the listing of districts in § 337-14 of Ch. 337, Zoning, adopted 7-8-2014 by Ord. No. 1891.
[Amended 9-13-2011 by Ord. No. 1849]
A. 
All enumerated infractions will be reported by the Clairton Code Enforcement Officer and/or Clairton police officers to the Clairton Police Chief and/or Clairton City Manager within 72 hours of their occurrence.
B. 
The Clairton Police Chief and/or the Clairton City Manager are herewith charged with keeping a log of such enumerated infractions. The log shall be maintained for the purpose of recording enumerated infractions from diverse sources who would not otherwise know of other departments' activities with the subject property.
C. 
Clairton police officers, the Clairton Code Enforcement Officer and/or the Clairton City Manager shall notify the property owner by first-class mail to the property owner's last known address or cause to be hand-delivered a notice to the property owner's residence or usual place of business. If the property owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the property owner's usual place of abode in the presence of some competent member of the family at least 17 years of age or a competent adult currently residing there and who shall be informed of the content of the notice. If a current address cannot be located, notice shall be deemed sufficient if posted on the potential nuisance property, and a copy of the notice is sent via first-class mail to the last known address of the property owner.
D. 
Whenever Clairton police officers and/or the Clairton Code Enforcement Officer (authorities) determine that any zoned property in § 247-16 of this article generates at least a combined three or more citations from Clairton police and/or code enforcement services for an enumerated infraction on three separate occasions within any six-month period or any of the above-zoned properties with one or more units that generate at least a combined three citations from one unit or five citations from the entire building from Clairton police and/or code enforcement services for any enumerated infraction on separate occasions within any six-month period, Clairton police officers, the Clairton Code Enforcement Officer and/or the Clairton City Manager shall notify the property owner in writing that the property has been designated as a "nuisance property."
E. 
The notice required shall contain the following:
(1) 
The street address or legal description sufficient for identification of the property,
(2) 
A description of the enumerated infraction(s) that has/have occurred at the property and a statement indicating that the property is declared as a "nuisance property" as a result of said enumerated infraction(s),
(3) 
Notice of the property owner's right to appeal; and
(4) 
A statement that the property owner shall within 10 days respond to Clairton police officers, the Clairton Code Enforcement Officer and/or the Clairton City Manager in writing with either:
(a) 
The intent of the property owner to appeal the finding of Clairton police officers, the Clairton Code Enforcement Officer and/or the Clairton City Manager; or
(b) 
A proposal detailing a course of action by which enumerated activities will be abated at the property. Clairton police officers, the Clairton Code Enforcement Officer and/or the Clairton City Manager shall, within 10 days of receipt of said proposal, either approve or disapprove of the proposal. In the event Clairton police officers, the Clairton Code Enforcement Officer and/or the Clairton City Manager disapprove a proposal, the property owner may appeal.
[Amended 9-13-2011 by Ord. No. 1849]
Any tenant that causes problems and the landlord's property is tagged with the "nuisance" label, the landlord, upon conviction thereof in a summary proceeding before a Magisterial District Judge, shall be subject to a fine not exceeding $400, plus costs of prosecution and, in default of payment of such fine and costs, to imprisonment for a period not exceeding 90 days.
[Amended 9-13-2011 by Ord. No. 1849]
A. 
In the event any property owner, after implementation of a § 247-17 plan, demonstrates that the authorities have not responded to an enumerated infraction at a nuisance property for at least a period of six months, that property shall no longer be considered a nuisance property, until such time that the criteria of § 247-17 are satisfied.
B. 
Any citation issued to a tenant who is already in the process of being evicted shall not count towards the number of citations necessary to be deemed a "nuisance property" if the property owner can prove that an eviction action has been commenced in a court of law and if the property owner is actively prosecuting said eviction action against the nuisance tenant.
The Council shall have the power to make reasonable rules and regulations consistent with the terms of this article, to carry out the provisions of this article.