[Ord. 2015-5, 8/17/2015]
This Part shall be known as the Smith Township "Property Maintenance
Ordinance."
[Ord. 2015-5, 8/17/2015]
Over the years, the Township has enacted various ordinances
to regulate actions and conduct within the Township. The purpose of
this Part is to better establish conditions for basic property maintenance
within the Township, to alleviate high grass, weeds and other conditions
on property that create a public nuisance or otherwise adversely affect
the public health, safety and well-being of the general public.
[Ord. 2015-5, 8/17/2015]
As used in this Part, the following terms shall have the meanings
indicated:
The Neighborhood Blight Reclamation and Revitalization Act
(Act 90 of 2010).[1]
A zoning hearing board or other body granted jurisdiction
to render decisions in accordance with the Pennsylvania Municipalities
Planning Code,[2] the State Township Code, the Code of the Township of Smith
or a board authorized to act in a similar manner by law.
A residential, commercial or industrial building or structure
and the land appurtenant to it.
A business association defined as a banking institution or
mortgage lender under 7 Pa.C.S.A. Chapter 61 (relating to a mortgage
loan industry licensing and consumer protection) that is in possession
of or holds title to real property pursuant to, in enforcement of
or to protect rights arising under a mortgage, mortgage note, deed
of trust or other transaction that created a security interest in
the real property.
Privileges related to real property granted by a municipality,
including, but not limited to, building permits, parking permits,
occupancy permits, and special exceptions or variances from zoning
ordinances. The term includes approvals pursuant to land use ordinances
other than decisions on the substantive validity of a zoning ordinance
or map or the acceptance of a curative amendment.
Services provided at a cost by the Township or other municipal
entity, including water service, sanitary sewer service, refuse collection
and parking allotments/facilities, which benefit individual properties
and also serve to benefit the overall welfare, safety and health of
all residents of the Township.
A holder of title to residential, commercial or industrial
real estate, other than a mortgage lender, who possesses and controls
the real estate. The term includes, but is not limited to, heirs,
assigns, beneficiaries and lessees, provided that this ownership interest
is a matter of public record.
Property which, because of its physical condition or use,
is regarded as a public nuisance at common law or has been declared
by the appropriate Township official a public nuisance in accordance
with the Code of the Township of Smith, as amended from time to time.
This Part shall act to supplement other Township ordinances dealing
with activities that can also be considered as hazards and public
nuisances.
A violation of a state law or Township code or other applicable
code that poses an imminent threat to the health and safety of the
dwelling occupant, occupants in surrounding structures or passersby.
Property found to be a public nuisance is also considered to be a
serious violation.
A statute of the Commonwealth of Pennsylvania or a regulation
of an agency charged with the administration and enforcement of commonwealth
law.
An affirmative action as determined by a Township official
or officer of the court on the part of the property owner or managing
agent to remedy a serious violation of state law or Township Code,
including, but not limited to, physical improvements or repairs to
the property.
Material that is not wanted, discarded; the unusable remains
or by-products of something. Synonyms: garbage, rubbish, trash, refuse,
litter, debris.
[Ord. 2015-5, 8/17/2015]
Failure to maintain exterior property areas in the following
manner shall be declared a public nuisance and in said Township and
punishable as such:
A.
Exterior Property Area(s).
(1)
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The owner and/or occupant
shall keep that part of the exterior property which the occupant occupies
or controls in a clean and sanitary condition.
(2)
Grading and Drainage. All premises shall be graded and maintained
to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon or within any structure located thereon. Water
retention areas and reservoirs approved by the Code Enforcement Officer
may be exempt from this requirement.
(3)
Sidewalks and Driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of
repair and maintained free from hazardous conditions.
(4)
Weeds. All premises and exterior property on lots of 1/2 acre (21,780
square feet) or less in area shall be maintained free from weeds or
plant growth in excess or 10 inches (254 mm). All premises and exterior
property on lots of 1/2 acre (21,780 square feet) in area or more
shall be maintained free from weeds or plant growth in excess or 10
inches (254 mm) in areas within 15 feet of all property lines abutting
a lot occupied by a residential use. All noxious weeds shall be prohibited.
Weeds shall be defined as all grasses, annual plants and vegetation,
other than trees or shrubs; however, this term shall not include cultivated
flowers and gardens.
(5)
Rat, Rodent and/or Wild Animal Harborage. All structures and exterior
property shall be kept free from rat, rodent and other wild animal
infestation. Where rats, raccoons and other pests are found, they
shall be promptly exterminated by approved processes which will not
be injurious to human health. After extermination, property precautions
shall be taken to prevent reinfestation.
(6)
Accessory Structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound
and in good repair.
(7)
Motor Vehicles. Not more than one currently unregistered or uninspected
motor vehicle shall be parked, kept or stored on the exterior of any
premises, and no vehicle shall at any time be in a state of major
disassembly or disrepair or in the process of being stripped or dismantled.
However, a vehicle of any type is permitted to undergo repairs, not
otherwise prohibited by any other ordinance, provided that such repair
work is performed inside a structure or similarly enclosed area designed
and approved for such purposes.
B.
Exterior Structure(s).
(1)
General. The exterior of a structure shall be maintained in good
repair, structurally sound and in a sanitary condition so as not to
pose a threat to the public health, safety or welfare. In addition
to these requirements, all structures must be maintained so as to
comply with the Uniform Construction Code and all other building codes
adopted by the Township.
(2)
Exterior Painting. All wood and metal surfaces, including, but not
limited to, window frames, doors, door frames, cornices, porches and
trim, shall be maintained in good condition.
(3)
Street Numbers. Each structure to which a street number has been
assigned shall have such number displayed in a position easily observed
and readable from the public right-of-way. Said numbers shall be a
minimum of four inches in size.
(4)
Structural Members. All structural members shall be maintained free
from deterioration and shall be capable of safely supporting the imposed
and required dead and live loads.
(5)
Foundation Walls. All foundation walls shall be maintained plumb
and free from open cracks and breaks and shall be kept in such condition
so as to prevent the entry of rats, pests, vermin and/or insects.
(6)
Exterior Walls. All exterior walls shall be free from holes, breaks,
loose or rotting materials, and maintained weatherproof and properly
surface coated, where required to prevent deterioration.
(7)
Roofs and Drainage. The roof and flashing on any structure shall
be sound, tight and not have defects that admit rain. Roof drainage
shall be adequate to prevent dampness or deterioration in the walls
or interior portion of the structure. Roof drains, gutters and downspouts
shall be maintained in good repair and free from obstructions. Roof
water shall not be charged in a manner that creates a public nuisance.
(8)
Decorative Features. All cornices, belt courses, corbels, terra cotta
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in safe condition.
(9)
Overhead Extensions. All canopies, marquees, signs, metal awnings,
fire escapes, standpipes, exhaust ducts and similar overhand extensions
shall be maintained in good repair and be properly anchored so as
to be kept in a sound condition. When required, all exposed surfaces
of metal or wood shall be protected from the elements and against
decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
(10)
Stairways, Decks, Porches and Balconies. Every exterior stairway,
deck, porch and balcony, and all appurtenances attached thereto, shall
be maintained structurally sound, in good repair, with proper anchorage
and capable of supporting the imposed loads.
(11)
Chimneys and Towers. All chimneys, cooling towers, smokestacks
and similar appurtenances shall be maintained structurally safe and
sound and in good repair. All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment.
(12)
Handrails and Guards. Every handrail and guard shall be firmly
fastened and capable of supporting normally imposed loads and shall
be maintained in good condition.
(13)
Window and Door Frames. Every window, door, window frame and
door frames shall be kept in sound condition, good repair and weathertight.
Windows/doorways cannot be sealed with masonry, plywood or other materials
that are not windows or doors.
(14)
Glazing. All glazing materials shall be maintained free from
cracks and holes.
(15)
Openable Windows. Every window other than a fixed window shall
be easily opened and capable of being held in position by window hardware.
(16)
Doors. All exterior doors shall be maintained in good condition.
Locks at all entrances to dwelling units, rooming units and guestrooms
shall rightly secure the door.
(17)
Basement Hatchways. Every basement hatchway shall be maintained
to prevent the entrance of rats, rain and surface drainage water.
(18)
Guards for Basement Windows. Every basement window that is openable
shall be supplied with ratproof shields, storm windows or other approved
protection against the entry of rats.
C.
Rubbish/Trash/Waste/Garbage.
(1)
Accumulation of Rubbish or Garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of rubbish or garbage.
(2)
Disposal of Rubbish. Every occupant of a structure shall dispose
of all rubbish in a clean and sanitary manner by placing such rubbish
in approved containers.
(3)
Rubbish Storage Facilities. The owner of every occupied premises
shall supply covered containers for rubbish, and the owner of the
premises shall be responsible for the removal of rubbish.
(4)
Disposal of Garbage. Every occupant of a structure shall dispose
of garbage in a sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers.
(5)
Containers. The operator of every establishment that produces garbage
shall provide, and at all times cause to be utilized, approved leakproof
containers, provided with close-fitting covers for the storage of
such materials until removed from the premises for disposal.
D.
Infestation; Extermination.
(1)
Infestation. All structures shall be kept free from insects and rats,
rodents, raccoons and other wild animal infestation. All structures
in which insects and rats are found shall be promptly exterminated
by approved processes that will not be injurious to human health.
After extermination, proper precautions shall be taken to prevent
reinfestation.
(2)
Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
(3)
Single Occupant. The occupant of a one-family dwelling or of a single-tenant
nonresidential structure shall be responsible for extermination on
the premises.
(4)
Multiple Occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or nonresidential
structure shall be responsible for extermination in the public or
shared areas of the structure and exterior property. If infestation
is caused by failure of an occupant to prevent such infestation in
the area occupied, the occupants shall be responsible for extermination.
(5)
Occupant. The occupant of any structure shall be responsible for
the continued rat-free condition of the structure, and if the occupant
fails to maintain the rat-free condition, the cost of extermination
shall be responsibility of the occupant. However, where rat infestations
are caused by defects in the structure, the owner shall be responsible
for extermination.
[Ord. 2015-5, 8/17/2015]
In addition to any other remedy available at law, including
those remedies available under the Neighborhood Blight Reclamation
and Revitalization Act (Act 90 of 2010), remedies available in equity
or other remedies as provided for in the Code of the Township of Smith,
the Township may institute the following actions against the owner
of any property that is in serious violation of a Township code or
for failure to correct a condition which causes the property to be
regarded as a public nuisance:
A.
Actions.
(1)
An in personam action may be initiated for a continuing violation
for which the owner takes no substantial step to correct within the
time provided for in the violation notice provided by the Township
Code Enforcement Officer. Notwithstanding any law limiting the form
of action for the recovery of penalties by a municipality for the
violation of a Township code, the Township may recover, in a single
action under this section, an amount equal to the penalties imposed
against the owner and any costs of remediation lawfully incurred by,
or on behalf of, the Township to remedy any code violation.
[Amended by Ord. No. 2020-1, 7/20/2020]
(2)
A proceeding in equity.
(3)
A lien may be placed against the assets of an owner of real property
that is in serious violation of a Township code or is regarded as
a public nuisance after a judgment, decree or order is entered by
a court of competent jurisdiction against the owner of the property
for an adjudication under either an in personam action or a proceeding
in equity as set forth above. In the case of an owner that is an association
or trust, this does not authorize a lien to be placed upon the individual
assets of the general partner, trustee, limited partner, shareholder,
member or beneficiary of the association or trust except as otherwise
allowed by law.
B.
Asset Attachment.
(1)
General Rule. A lien may be placed against the assets of an owner
of unremediated blighted real property that is in serious violation
of a code or is regarded as a public nuisance after a judgment, decree
or order is entered by a court of competent jurisdiction against the
owner of the property for an adjudication under Section 6111 of the
Act.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 6111.
(2)
Construction. Nothing in this section shall be construed to authorize,
in the case of an owner that is a corporation, an association or trust,
a lien on the individual assets of the shareholders of the corporation,
general partner or trustee, except as otherwise allowed by law, limited
partner, shareholder, member or beneficiary of the association or
trust.
C.
Out-of-State Owners: Duty of Out-of-State Owners of Real Estate Property
in This Commonwealth.
A person who lives or has a principal place of residence outside
this commonwealth, who owns real estate property in this commonwealth
against which code violations have been cited under 18 Pa.C.S.A. § 7510[2] (relating to municipal housing code avoidance) and the
person is charged under 18 Pa.C.S.A. (relating to crimes and offenses)
and who has been properly notified of the violations may be extradited
to this commonwealth to face criminal prosecution to the full extent
allowed and in the manner authorized by the Criminal Code.
[2]
Editor's Note: Section 7510 was repealed 7/10/2015 by
P.L. 162, No. 34, § 1, effective 9/8/2015. See 53 Pa.C.S.A.
§ 6115.
D.
Associations and Trust Owners. Where, after reasonable efforts, service
of process for a notice or citation for any code violation for any
real property owned by a corporation or business association, association
or trust cannot be accomplished by handing a copy of the notice or
citation to an executive officer, partner or trustee of the corporation
or business association or trust or to the manager, trustee or clerk
in charge of the property, the delivery of the notice or citation
may occur by registered, certified or U.S. first-class mail, accompanied
by a delivery confirmation:
(1)
To the registered office of the corporation or business association
or trust.
(2)
Where a corporation or business association, the association or trust
does not have a registered office, to the mailing address used for
real estate tax collection purposes, if accompanied by the posting
of a conspicuous notice to the property and by handing a copy of the
notice or citation to any adult in possession of the property and/or
the person in charge of the property at that time.
E.
Additional Penalties. For any violation of any provision of this
Part by permitting, creating, maintaining, or being guilty of any
of the nuisances, are hereby guilty of a summary offense and upon
conviction thereof be liable to pay a fine not less than $50 and not
more than $1,000, unless otherwise provided for by state or local
law.
[Ord. 2015-5, 8/17/2015]
A.
Denial.
(1)
A municipality or a board under Subsection C may deny issuing to
an applicant a municipal permit if the applicant owns real property
in any municipality for which there exists on the real property:
(a)
A final and unappealable tax, water, sewer or refuse collection
delinquency on account of the actions of the owner; or
(b)
A serious violation of state law or a code and the owner has
taken no substantial steps to correct the violation within six months
following notification of the violation and for which fines or other
penalties or a judgment to abate or correct were imposed by a Magisterial
District Judge or municipal court or a judgment at law or in equity
was imposed by a court of common pleas. However, no denial shall be
permitted on the basis of a property for which the judgment, order
or decree is subject to a stay or supersedeas by an order of a court
of competent jurisdiction or automatically allowed by statute or rule
of court until the stay or supersedeas is lifted by the court or a
higher court or the stay or supersedeas expires as otherwise provided
by law. Where a stay or supersedeas is in effect, the property owner
shall so advise the municipality seeking to deny a municipal permit.
(2)
A municipality or board shall not deny a municipal permit to an applicant
if the municipal permit is necessary to correct a violation of state
law or a code.
(3)
The municipal permit denial shall not apply to an applicant's
delinquency on taxes, water, sewer or refuse collection charges that
are under appeal or otherwise contested through a court or administrative
process.
(4)
In issuing a denial of a permit based on an applicant's delinquency
in real property taxes or municipal charges or for failure to abate
a serious violation of state law or a code on real property that the
applicant owns in this commonwealth, the municipality or board shall
indicate the street address, municipal corporation and county in which
the property is located and the court and docket number for each parcel
cited as a basis for the denial. The denial shall also state that
the applicant may request a letter of compliance from the appropriate
state agency, municipality or school district, in a form specified
by such entity as provided in this section.
B.
Proof of Compliance.
(1)
All municipal permits denied in accordance with this subsection may
be withheld until an applicant obtains a letter from the appropriate
state agency, municipality or school district indicating the following:
(a)
The property in question has no final and unappealable tax,
water, sewer or refuse delinquencies;
(b)
The property in question is now in state law and code compliance;
or
(c)
The owner of the property has presented and the appropriate
state agency or municipality has accepted a plan to begin remediation
of a serious violation of state law or a code. Acceptance of the plan
may be contingent on:
1)
Beginning the remediation plan within no fewer than 30 days
following acceptance of the plan or sooner, if mutually agreeable
to both the property owner and the municipality.
2)
Completing the remediation plan within no fewer than 90 days
following commencement of the plan or sooner, if mutually agreeable
to both the property owner and the municipality.
(2)
In the event that the appropriate state agency, municipality or school
district fails to issue a letter indicating tax, water, sewer, refuse,
state law or code compliance or noncompliance, as the case may be,
within 45 days of the request, the property in question shall be deemed
to be in compliance for the purpose of this section. The appropriate
state agency, municipality or school district shall specify the form
in which the request for a compliance letter shall be made.
(3)
Letters required under this section shall be verified by the appropriate
municipal officials before issuing to the applicant a municipal permit.
(4)
Municipal permits may be denied by a board in accordance with the
requirements of this section to the extent that approval of the municipal
permit is within the jurisdiction of the board. For purposes of this
section, "board" shall mean a zoning hearing board or other body granted
jurisdiction to render decisions in accordance with the act of July
31, 1968 (P.L. 805, No. 247), known as the Pennsylvania Municipalities
Planning Code,[1] or a similar board in municipalities not subject to that
act.
(a)
In any proceeding before a board other than the governing body
of the municipality, the municipality may appear to present evidence
that the applicant is subject to a denial by the board in accordance
with this section.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Applicability of Other Law.
A denial of a permit shall be subject to the provisions of 2 Pa.C.S.A. Chapter 5, Subchapter B (relating to practice and procedure of local agencies) and 2 Pa.C.S.A. Chapter 7, Subchapter B (relating to judicial review of local agency action) or the Pennsylvania Municipalities Planning Code, for denials subject to the Act.
[Ord. 2015-5, 8/17/2015]
Nothing in this Part is intended to nor shall conflict with
any provisions of state or federal law protecting property involved
in normal farming operations. See 3 P.S. § 911(b) that states:
"Any municipal or political subdivision law or ordinance defining
or prohibiting a public nuisance shall exclude from the definition
of such nuisance any agricultural activity or operation conducted
using normal farming operations within an agricultural security area
as permitted by this act if such agricultural activity or operation
does not bear a direct relationship to the public health and safety."
[Ord. 2015-5, 8/17/2015]
This Part is a supplement to existing ordinances regulating
behavior that may be classified as a public nuisance. This Part does
not directly repeal any prior enacted ordinances; however, it repeals
sections of enacted ordinances that directly conflict with sections
of this Part.
