This chapter shall be known and cited as the "Dalton Borough
Property Maintenance Ordinance."
Recognizing the need within Dalton Borough to establish certain
minimum health and safety requirements for those buildings, structures
or properties which are used or associated with human occupancy, this
chapter hereby establishes standards which the Borough of Dalton considers
to be fair and essential in meeting those minimum requirements.
This chapter and the objectives leading to its enactment are
authorized by the Dalton Borough Code.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
COURT
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
INFESTATION
The presence of insects, rodents, vermin and/or other pests.
LOT
Plot, tracts, premises or parcel of land, with or without
improvements thereto.
OWNER
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.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
UNOCCUPIED HAZARD
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.
YARD
Any open space on the same lot with a building and for the
most part unobstructed from the ground up.
The provisions of this chapter shall supplement local laws,
ordinances or regulations existing in Dalton Borough or those of the
Commonwealth of Pennsylvania. Where a provision of this chapter is
found to be in conflict with any provision of local law, ordinance,
code or regulations or those of the Commonwealth of Pennsylvania,
the provision which is more restrictive or which establishes the higher
standard shall prevail.
Any occupant of a premises shall be responsible for compliance
with the provisions of this chapter 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.
The Dalton Borough Council may enter 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 of Dalton 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 thereto.
If the owner does not comply with the notice to abate the conditions
within the time limit prescribed, the Dalton Borough shall have the
authority to take measures to correct the conditions and collect the
cost of such corrections plus 10% of all costs. Dalton Borough, in
such event and pursuant to its statutory or otherwise authorized police
powers, shall have the right and power to enter upon the offending
premises to accomplish the foregoing.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to undergo imprisonment for not more than 30 days, provided
that each violation of any provision of this chapter and each day
the same is continued shall be deemed a separate offense.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
chapter.
The remedies provided herein for the enforcement of this chapter
or any remedy provided by law shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively, at the
option of the Dalton Borough Council.