[Ord. 2-1984, 8/6/1984, § 1]
This article shall be known and may be cited as the "Thornbury
Township Property Maintenance Ordinance."
[Ord. 2-1984, 8/6/1984, § 2]
The residents of Thornbury Township and their duly elected Board
of Supervisors are aware that there are owners or tenants of land
in the Township who have allowed or will in the future allow their
premises to fall into a state of disrepair through neglect or lack
of routine, reasonable maintenance of buildings and grounds. The Board
of Supervisors believes that such neglect could constitute a threat
to the health and welfare of both the occupants of the property and
those in its environs and, as well, could lead to a decline in property
values in the surrounding area. Accordingly, this article is enacted
to encourage maintenance of properties and structures in the Township
and is enacted under and in accordance with the Second Class Township
Code, 53 P.S. §§ 65712 and 65761.
[Ord. 2-1984, 8/6/1984, § 3]
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
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.
Plot, tracts, 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
or who retains the exclusive control of such lot and/or improvement
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 man-made 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. 2-1984, 8/6/1984, § 4]
The provisions of this article shall apply to all premises in
the Township and shall be enforceable in addition to and along with
all other Township ordinances and the laws of the Commonwealth of
Pennsylvania. Where a provision of this article is found to be in
conflict with any provision of any other ordinance or statute, the
provision which is more restrictive or which establishes the higher
standard shall prevail.
[Ord. 2-1984, 8/6/1984, § 5]
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 unauthorized 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 Board of Supervisors,
remove, or cause the removal of, the building and/or structure.
[Ord. 2-1984, 8/6/1984, § 6]
1.
No person shall permit:
A.
Fences and/or minor structures to be constructed and/or maintained
so as to present a safety or health hazard to persons and/or property.
B.
The accumulation of waste, trash or other materials which become
or may become rodent harborage or allow the infestation of yards or
lots.
C.
Objectionable materials to accumulate and/or to be blown about the
surrounding neighborhood.
D.
The accumulation of heavy undergrowth and/or vegetation which would
impair the health and/or safety of the neighborhood nor shall be permit
any trees, plants or shrubbery to grow upon his property which constitute
a safety hazard to pedestrian and/or vehicular traffic.
[Ord. 2-1984, 8/6/1984, § 7]
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. 2-1984, 8/6/1984, § 8]
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.
[Ord. 2-1984, 8/6/1984, § 9]
Any occupant of a premises shall be responsible for compliance
with the provisions of this article 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. 2-1984, 8/6/1984, § 10; as amended by Ord.
7-1998, 10/7/1998, § 10]
1.
Owners of premises shall comply with the provisions of this article
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
article, said occupant shall be deemed responsible and taken to be
the owner within the true intent and meaning of this article.
3.
Rental Occupancy Permits. No person, partnership or corporation shall
lease or rent any noninstitutional residential dwelling property or
unit without having obtained a valid residential rental occupancy
permit in the name of the owner or lessor and for the specific dwelling
unit from the Code Enforcement Department.
4.
Issuance of Residential Rental Occupancy Permits. Upon receipt of
a fully completed application form and the payment of the appropriate
fee, the Code Enforcement Department shall within 10 business days
issue a residential rental occupancy permit to the owner(s) or responsible
local agent after an inspection of the property. In the event the
Code Enforcement Department finds the premises to be in violation
of this article or any other ordinance or Code of the Township of
Thornbury, then the Code Enforcement Department shall issue the necessary
violation notice, as provided by this Code, to abate the illegal or
unsafe conditions and to ensure compliance with this Code. The Code
Enforcement Department, after re-inspection to ensure compliance with
this Code and the other Codes and Ordinances of the Township of Thornbury,
shall then issue a permit to the owner(s) or responsible local agent.
This permit shall, at all times, be maintained on the premises and
be available for inspection by Township Officials.
5.
Every residential rental occupancy permit shall remain in force for
a period of two years, unless revoked due to violations or upon renting
the property to a new tenant.
[Ord. 2-1984, 8/6/1984, § 11]
Upon failure to comply with any terms or conditions of this
article, the owner and/or occupant shall be notified by the Board
of Supervisors 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 Township 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 Township, 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
municipal building.
[Ord. 2-1984, 8/6/1984, § 12]
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 Township
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 ordinance. A conviction of an owner and/or occupant
shall not bar further prosecutions for noncompliance with this article
subsequent to such conviction.
[Ord. 2-1984, 8/6/1984, § 13; as amended by Ord.
7-1996, 8/7/1996, Article XI(7)]
Any person, firm or corporation who shall violate any provision
of this article shall be subject to a civil penalty in the amount
of $100 for each violation, plus court costs, including reasonable
attorney fees incurred by Thornbury Township, as authorized by the
provisions of Act 60 of 1995, Article XVI, § 1601(c) of
the Pennsylvania General Assembly, the amendments to the Second Class
Township Code.
[Ord. 2-1984, 8/6/1984, § 14]
If the premises is owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
article.
[Ord. 2-1984, 8/6/1984, § 15]
The Board of Supervisors may, or may not cause, through an authorized
representative of the Township, entry onto premises for the purpose
of inspection of any and all premises, properties, buildings and/or
structures located within the Township 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.
