[Ord. 126, 7/16/1990, § 1]
This Part shall be known and cited as the "Lower Heidelberg
Township Property Maintenance Ordinance."
[Ord. 126, 7/16/1990, § 2]
Recognizing the need within Lower Heidelberg Township 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 Board
of Supervisors considers to be fair and essential in meeting those
minimum requirements.
[Ord. 126, 7/16/1990, § 3]
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.
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
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 building and, for the
most part, unobstructed from the ground up.
[Ord. 126, 7/16/1990, § 4]
The provisions of this Part shall supplement local laws, ordinances
or regulations existing in Lower Heidelberg Township 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 are more restrictive or which establishes the higher standard
shall prevail.
[Ord. 126, 7/16/1990, § 5]
(a)
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.
(b)
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.
(c)
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 the direction of the Board of Supervisors,
remove or cause the removal of the building and/or structure.
[Ord. 126, 7/16/1990, § 6]
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, lots.
(c)
Objectionable materials to accumulate and to be blown about the surrounding
neighborhood.
(d)
Wells, cesspools, cisterns, sedimentation ponds, and stormwater management
impoundment ponds 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. 335, 4/20/2015]
(a)
Purpose and Intent. The purpose of this section is to preserve
and protect private and public property from the damaging spread of
invasive plants and to protect indigenous plants and the wildlife
they support from the harmful spread of invasive plants.
(b)
BUFFER ZONE
INVASIVE PLANT PROPERTY OWNER(S)
INVASIVE PLANTS
NOTICE
RECEIPT OF NOTICE
RUNNING BAMBOO
Definitions. As used in this section, the following terms shall
have the meanings indicated:
A distance of at least 10 feet from any lane, street or road,
whether public or private, or from any neighboring property line,
whichever is more restrictive for the invasive plant property owner.
Any property owner(s) who have invasive plants on their property,
even if it has spread onto their property from an adjoining property.
Plant species that are generally not native to Berks County,
which grow aggressively, spreading and displacing native vegetation,
and are difficult and costly to control. Invasive plants, as defined
in this section, include running bamboo; Japanese knotweed, tree of
heaven, Japanese hops, common reed grass and Japanese barberry.
Any written notice by, from or on behalf of the Township,
notifying the invasive plant property owner(s) that they are in violation
of this section and directing them to cure or fix the violation. Such
notice shall be sent by certified mail, return receipt requested,
addressed to the owner(s) listed on the current tax address on file
with the Township. A copy may also be posted on the property in question.
Receipt of the notice required herein shall be the date of
mailing said notice or, if applicable, posting of the notice on the
property in question, whichever is earlier.
Any monopodial (running) woody grass from the genera of bamboos,
including, but not limited to, Bambusa, Phyllostachys and Pseudosasa,
as well as common bamboo, golden bamboo and arrow bamboo.
(c)
No Planting of Invasive Plants.
(1)
The planting of invasive plants is prohibited in the Township.
(2)
Any existing invasive plants may not be replanted or replaced
after any such existing invasive plants have died or been removed.
(3)
Any person who plants or replants invasive plants within the
Township after the effective date of this section shall be in violation
of this section and shall be subject to the penalties set forth herein.
(d)
Regulation of and Limitations on Existing Invasive Plants.
(1)
Any invasive plants already in existence on any property within
the Township as of the effective date of this section may remain on
such property, subject to restriction that invasive plants shall not
be permitted within any buffer zone.
(2)
Invasive plant property owners shall take all necessary measures
to ensure that any invasive plants on their property do not exist
within any buffer zone. Such measures shall include, but are not limited
to, removing and cutting down invasive plants existing in the buffer
zone, physically removing or poisoning the rhizomes, or spraying any
regrowth for several years until the invasive plants are dead and,
if permitted to remain outside the buffer zone, installing sheathing
comprised of metal or other impenetrable material and placed no less
than 10 feet from the property line at a sufficient depth to prevent
any growth of invasive plants within any buffer zone.
(3)
This section shall not be deemed to alter any rights at common
law or otherwise that any property owner may have to recover the cost
of removal of invasive plants on their own property from another property
owner from whose property the invasive plants have spread.
(e)
Removal of Invasive Plants. If invasive plants on any property
grow in or into any buffer zone, the Township may give notice to the
invasive plant property owner(s), as required by this section, that
the said owner(s) are responsible for the extermination or removal
of such invasive plants from the buffer zone.
[Ord. 126, 7/16/1990, § 7]
(a)
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation.
(b)
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage refuse.
(c)
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. 126, 7/16/1990, § 8]
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. 126, 7/16/1990, § 9]
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. 126, 7/16/1990, § 10]
(a)
The owner of the 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.
(b)
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. 126, 7/16/1990, § 11]
The Board of Supervisors may cause, or may cause through an
authorized representative of Lower Heidelberg Township, entry onto
premises for the purpose of inspection of any and all premises, properties,
buildings and/or structures located within Lower Heidelberg 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.
[Ord. 126, 7/16/1990, § 12]
(a)
If noncompliance with the provisions of this Part constitutes a nuisance,
or if any condition, structure or improvement poses a threat to the
health, safety or welfare of the public, the Code Enforcement Officer
shall issue a written notice to be served by registered or certified
mail upon the owner of said premises, or, if the owner's whereabouts
or identity be unknown, by posting the notice conspicuously upon the
offending premises.
(b)
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.
[Ord. 126, 7/16/1990, § 13]
If the owner does not comply with the notice to abate the conditions,
within the time limit prescribed, Lower Heidelberg Township shall
have the authority to take measures to correct the conditions and
collect the cost of such corrections plus 10% of all costs. Lower
Heidelberg Township, 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.
[Ord. 126, 7/16/1990, § 14]
(a)
Any person aggrieved by the decision of the Code Enforcement Officer
may request and shall then be granted a hearing before the Board of
Supervisors; provided he files with the Board of Supervisors within
10 days after notice of the Code Enforcement Officer's decision,
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor. The hearing shall commence not
later than 30 days after the date on which the petition was filed
unless postponed for sufficient cause.
(b)
After such hearing, the Board of Supervisors shall sustain, modify
or overrule the action of the Code Enforcement Officer.
[Ord. 126, 7/16/1990, § 15]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not more than
$1,000, and in default of payment, to undergo imprisonment for a term
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
[Ord. 126, 7/16/1990, § 16]
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. 126, 7/16/1990, § 17]
The remedies provided herein for the enforcement of this Part,
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 Board of Supervisors.
[Ord. 126, 7/16/1990, § 18]
If any provisions of this Part or the application thereof to
any person or circumstances is held invalid, the invalidity does not
effect the other provisions or applications of this Part which can
be given effect without the invalid provision or application, and
to this end, the provisions of this Part are severable.
