[Ord. 448, 5/2/2012]
As used in this Part 3, the following terms shall have the meanings
indicated:
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.
Animal and vegetable wastes capable of being decomposed by
microorganisms, which can cause obnoxious odors and be capable of
attracting or providing food for birds or other animals, resulting
from the handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin and/or other pests.
Plot, tract, premises or parcel of land, with or without
improvements thereto.
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or 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.
All organic and nonorganic solid wastes, including garbage,
rubbish, ashes, dead animals and market and industrial wastes.
Any building, or part thereof, or man-made structure, which
remains unoccupied for a period of more than six months, with either
doors, windows, or other openings broken, removed, or 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.
[Ord. 448, 5/2/2012]
1.
The provisions of this Part 3 shall supplement local laws, ordinances
or regulations existing in the Borough of Saxonburg or those of the
Commonwealth of Pennsylvania.
2.
Where a provision of this Part 3 is found to be in conflict with
any provision of a local law, ordinance, code or regulation or those
of the Commonwealth of Pennsylvania, the provision which is more restrictive
or which establishes the higher standard shall prevail.
[Ord. 448, 5/2/2012]
1.
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.
2.
No owner of any unoccupied building or structure shall fail to take
such steps as may be required to ensure that these are securely closed
so as to prohibit and deter entry thereto and to ensure that no health
and/or safety hazard, or threat thereof, is precipitated due to a
lack of maintenance or due to neglect.
3.
The owner 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 Saxonburg Borough Council,
remove, or cause the removal of, the building and/or structure.
[Ord. 448, 5/2/2012]
No person shall permit:
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 hazards, rodent harborage and/or
infestation upon yards, courts or lots.
C.
Objectionable materials to accumulate and to be blown about the surrounding
neighborhood.
D.
Wells, cesspools, cisterns, sedimentation ponds, stormwater management
impoundment ponds and/or ponds of a similar nature to remain open
without adequate fencing or barricades to prevent access thereto by
the general public.
[Ord. 448, 5/2/2012]
1.
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation.
2.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse.
3.
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. Methods employed for extermination shall
conform with generally accepted practices.
[Ord. 448, 5/2/2012]
No person 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.
B.
Roof gutters, drains, or any other system designed and constructed
to transport stormwater to be discharged into any sanitary sewage
system and/or any part thereof.
C.
Any refrigerator, freezer and/or other similar storage chest to be
discarded, abandoned or stored in any place or location which is accessible
to the general public without first completely removing any and all
locking devices and/or doors. Complete and permanent disposal and
removal from the property must take place within one week of placing
the safely prepared item into general public access.
[Ord. 448, 5/2/2012]
Any occupant of a premises shall be responsible for compliance
with the provisions of this Part 3 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.
[Ord. 448, 5/2/2012]
1.
Owners of premises shall comply with the provisions of this Part
3 as well as operators and occupants, regardless of any agreements
between owners and operators or occupants as to which party shall
assume such responsibility.
2.
In instances where an occupant is responsible, or shares responsibility
with an owner, for the existence of one or more violations of this
Part 3, said occupant shall be deemed responsible and treated as if
an owner within the true intent and meaning of this Part 3.
[Ord. 448, 5/2/2012]
The Saxonburg Borough Council may cause entry, through an authorized
representative of Saxonburg Borough, onto premises for the purpose
of inspection of any and all premises, properties, buildings and/or
structures located within Saxonburg Borough for ascertaining the existence
of violations. Entry is limited to the Code Enforcement Officer, police
officers, or persons authorized through Council action only. In those
matters where the nature of an alleged violation is such that an inspection
of the interior of a building or structure is necessitated, prior
arrangement must be made with the owner, or his agent, to secure access
thereto.
[Ord. 448, 5/2/2012]
1.
The Code Enforcement Officer is hereby authorized to give notice
of violation, by certified United States mail, to the owner of record
set forth in the recorded deed for the property in violation of this
Part 3 ("the property"), by utilizing the certificate of residence
on the deed for the property as set forth in the Butler County Recorder
of Deeds' office, unless the Butler County online GIS maps indicate
a different address, and also give notice to any occupier of the property
(if known), within 10 days of awareness of a violation of this Part
3 above.
2.
The notice shall set forth the following:
B.
A statement that the owner and/or the occupier has neglected to maintain
their property, as required by this Part, along with a copy of this
Part 3.
C.
Said notice shall specify the condition or structure or improvement
complained of and shall require the owner to commence to remove or
otherwise rectify the condition or structure or improvement as 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.
D.
That failure to timely comply with the notice of violation shall
result in the Borough taking measures to correct the conditions, pursuant
to its police power, and collecting the cost of same plus 10%, as
well as attorneys' fees and costs and filing fees or costs, by
filing a municipal claim pursuant to the Borough Code and the Municipal
Claim Law, 53 P.S. § 7101 et seq.
[Ord. 448, 5/2/2012]
If the owner does not comply with the notice to abate the conditions
within the time limit prescribed, the Saxonburg Borough Council shall
have the authority to take measures to correct the conditions and
collect the cost of such corrections plus 10% of all costs. The Saxonburg
Borough Council, in such event and pursuant to its statutory or otherwise
authorized police posers, shall have the right and power to enter
upon the offending premises to accomplish the foregoing.
[Ord. 448, 5/2/2012]
Any person, firm or corporation who shall violate the provisions
of this Part 3 or rules and regulations adopted under authority of
this Part 3 shall be sent an official written warning of noncompliance
by the Code Enforcement Officer for the first offense. Thereafter,
all such offenses shall be subject to the penalties hereinafter provided.
Each day that a violation continues shall constitute a separate violation.
Upon a finding of violation in a summary enforcement proceeding, the
violator shall be assessed a penalty of $500 for the first violation,
and $1,000 for the second and subsequent violations, plus costs of
prosecution, including reasonable attorneys' fees and costs incurred
by the Borough, for each and every offense.
[Ord. 448, 5/2/2012]
Should the owner/occupier fail to proceed as required pursuant to § 11-310, Subsection 2C, above, the Borough may, after the expiration of the 10 days referenced in § 11-310, Subsection 2C, above, proceed to abate the nuisance in the manner set forth in § 11-311 above, but only after first posting the affected premises at least 24 hours prior to entering upon the affected property.
[Ord. 448, 5/2/2012]
The remedies provided herein for the enforcement of this Part
3 or any remedy provided for by law shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
sole option of Saxonburg Borough.
[Ord. 448, 5/2/2012]
The Borough Council of the Borough of Saxonburg is hereby authorized
and directed to execute any and all documents necessary to effectuate
the purposes of this chapter.
