[Ord. 361, 4/8/1986]
This Part shall be known and cited as the "Borough of Wormleysburg
Property Maintenance Ordinance."
[Ord. 361, 4/8/1986]
Recognizing the need within the Borough to establish certain
minimum health and safety requirements for those buildings, structures
or properties which are used or associated with human occupancy; this
Part hereby establishes standards which the Borough Council considers
to be fair and effective in meeting those minimum requirements.
[Ord. 361, 4/8/1986]
This Part, and the objectives leading to its enactment, are
authorized by the following provisions of the Borough Code, to wit:
53 P.S. § 46202(24)
[Ord. 361, 4/8/1986]
BUILDING — 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.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin and/or other pests.
Any and all forms of waste, scrap, discarded materials or
articles or parts thereof and shall include, but not be limited to,
scrap metal; used, scrapped, or abandoned building materials; inoperable,
scrapped, abandoned, or junked motor vehicles or parts thereof; machinery;
appliances; furniture; farm machinery; or other nonfunctional equipment.
[Added by Ord. No. 514,
4/10/2018]
Plot, tracts, premises or parcel of land, with or without
improvements thereto.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, inconvenience, annoyance
or discomfort to any person or resident in the legitimate enjoyment
of his reasonable rights of person or property.
[Added by Ord. No. 514,
4/10/2018]
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 putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
Any building, or part thereof, or manmade structure, which
remains unoccupied for a period of more than six months, with either
doors, windows, or other openings broken, removed, 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. 361, 4/8/1986]
The provisions of this Part shall supplement local laws, ordinances
or regulations existing in the Borough or those of the Commonwealth
of Pennsylvania. Where a provision of this Part is found to be in
conflict with any provision of a local law, ordinance, code or regulations
or those of the Commonwealth of Pennsylvania, the provisions which
is more restrictive or which establishes the higher standard shall
prevail.
[Ord. 361, 4/8/1986]
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 insure that these are securely closed
so as to prohibit and deter entry thereto and to insure that no health
and/or safety hazard, or threat thereof, is precipitated due to a
lack of maintenance or due to neglect.
3.
Owners 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 Borough Council, remove,
or cause the removal of, the building and/or structure.
[Ord. 361, 4/8/1986]
1.
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 of accumulation of hazards, rodent harborage and/or
infestation upon yards, courts, 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.
E.
The accumulation of heavy undergrowth and/or vegetation which would
impair the health and/or safety of the neighborhood; nor shall they
permit any trees, plants or shrubbery, or any portion thereof, to
grow on their property and which constitute a safety hazard to pedestrian
and/or vehicular traffic.
[Ord. 361, 4/8/1986]
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) in accordance with the provisions of this
Part.
[Ord. 361, 4/8/1986]
1.
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.
D.
The accumulation or storage of junk on any premises or property within
the Borough unless the accumulation or storage thereof is expressly
authorized by the Borough in writing. This includes without limitation,
the accumulation or storage of junk under any structure that is not
completely enclosed, including, but not limited to, porches, carports,
pavilions, tents, and the like.
[Added by Ord. No. 514,
4/10/2018]
E.
The condition of the lands, grounds, or other premises that they
own, occupy, lease, and/or keep to be offensive and a nuisance to
a neighbor or the neighborhood, or to create a health or safety risk
to the children and residents of the Borough.
[Added by Ord. No. 514,
4/10/2018]
[Ord. 361, 4/8/1986]
Any occupant of a premises shall be responsible for compliance
with the provisions of this Part 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. 361, 4/8/1986]
1.
Owner of premises shall comply with the provisions of this Part 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, said occupant shall be deemed responsible and treated as if
an owner within the true intent and meaning of this Part.
[Ord. 361, 4/8/1986]
Upon failure to comply with any terms or conditions of this
Part, the owner and/or occupant shall be notified by the Borough Council
or its authorized representative, by certified mail, or through personal
service, of said violation or violations. Such notification shall
be in writing and shall identify the premises and shall cite the specific
violation or violations; shall direct the owner and/or occupant to
correct the deficiency and/or deficiencies within a period of 30 days
from the receipt of such notice and shall inform the owner and/or
occupant of the fines and penalties which would accrue for the failure
to comply. The notice shall also advise that, in lieu of or in addition
to fines and penalties, and subsequent to the thirty-day period for
voluntary compliance, the Borough may itself correct the deficiencies
or contract for the correction thereof and assess the cost thereof
as a lien against the premises and/or recover the expenses so incurred
in a manner as prescribed by law. In the event the owner and/or occupant
cannot be ascertained or is not able to be located, a notice, containing
the above required information in summary form, shall be published
once in each of two consecutive weeks in a newspaper of general circulation
in the Borough, advising of the existence of the violation and requiring
correction thereof, in accordance with the terms and conditions herein
established; detailed notice thereof shall be posted on the subject
premises and at the Borough Building.
[Ord. 361, 4/8/1986]
The owner and/or occupant shall have 30 days from the receipt
of a notice of violation or, alternatively, from the date of the second
appearance of the published notice of violation, to correct any and
all stipulated deficiencies. Extensions to the thirty-day period in
which deficiencies must be corrected may be granted by the Borough
upon demonstration by the owner and/or occupant that such an extension
thereto is warranted and justified. Failure to comply shall constitute
a violation of this Part. A conviction of an owner and/or occupant
shall not ban further prosecutions for noncompliance with this Part
subsequent to such conviction.
[Ord. 361, 4/8/1986]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not exceeding $300; together with costs of prosecution, or to
imprisonment for a term not to exceed 30 days. Each day a conviction
in violation of this Part exists beyond the thirty-day voluntary compliance
period shall constitute a separate violation of this Part.
[Ord. 361, 4/8/1986]
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
Part.
[Ord. 361, 4/8/1986]
The Borough Council may, or may cause, through an authorized
representative of the Borough, entry onto premises for the purpose
of inspection of any and all premises, properties, buildings and/or
structures located within the Borough for ascertaining the existence
of violations. 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 arrangements must be made with the owner, or
his agent, to secure access thereof.
