As used in this article, the following terms shall have the meanings indicated:
ANCHOREDSecured in a manner that provides positive connection.
BASEMENTThat portion of a building which is partly or completely below grade.
BATHROOMA room containing plumbing fixtures, including a bathtub or shower.
BEDROOMAny room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
BUILDING CODE OFFICIALA construction code official, or the building code official's designee, who manages, supervises, and administers building code enforcement activities under the Pennsylvania Uniform Construction Code.
[Added 4-24-2024 by Ord. No. 5862]
BUSHESThe scrubby growth of wild and uncultivated shrubs but the term is not intended to include private hedges or other hedges that are kept properly trimmed.
[Added 4-24-2024 by Ord. No. 5862]
CODE OFFICIALThe official who is charged with the administration and enforcement of this code, or any duly authorized representative.
CONDEMNTo adjudge unfit for occupancy.
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRSThe costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals.
[Added 4-24-2024 by Ord. No. 5862]
DETACHEDWhen a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.
DETERIORATIONTo weaken, disintegrate, corrode, rust or decay and lose effectiveness.
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENTThat portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a lot or lots.
EQUIPMENT SUPPORTThose structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.
EXTERIOR PROPERTYThe open space on the premises and on adjoining property under the control of owners or operators of such premises.
FAMILYAn individual or married couple and the children thereof, including adopted and/or foster children over whom such individual or married couple stands in loco parentis, together with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than three unrelated persons living together as a single housekeeping unit in a dwelling unit.
[Amended 4-24-2024 by Ord. No. 5862]
GARBAGEThe animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GUARDA building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
HABITABLE SPACESpace in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HISTORIC BUILDINGAny building or structure that is one or more of the following:
[Added 4-24-2024 by Ord. No. 5862]
A. Listed or certified as eligible for listing by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.
B. Designated as historic under an applicable state or local law.
C. Certified as a contributing resource within a National Register or state or locally designated historic district.
HOUSEKEEPING UNITA room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
IMMINENT DANGERA condition which could cause serious or life-threatening injury or death at any time.
INFESTATIONThe presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEHICLEA vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
INVASIVE PLANTA non-native plant that reproduces more rapidly, out competes. and displaces native plants in the landscape. Examples of invasive plants are listed in the PA Department of Conservation and Natural Resources (DCNR) publication "Invasive Plants in Pennsylvania" including watch list species, and "Invasive Plants of Pennsylvania Fact Sheets," and are also identified by the State Invasive Species Management Plan established by the Governor's Invasive Species Council pursuant to 4 Pa. Code §
6.661. In addition, invasive plants include those set forth on the Easton Invasive Plants Lists set forth herein, which are divided into two classes: Invasive Plants Class I and Invasive Plants Class II. The Appendix to this section, "Invasive Plant Fact Sheets," identifies the DCNR Invasive Plants of Pennsylvania Fact Sheets for Invasive Plants Class I and Class II where available.
[Added 4-24-2024 by Ord. No. 5862]
LABELEDEquipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.
[Amended 4-24-2024 by Ord. No. 5862]
LET FOR OCCUPANCY or LETTo permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
NATIVE PLANTThose species of plants occurring within Pennsylvania prior to European settlement, as determined by the Pennsylvania Department of Conservation and Natural Resources (DCNR) or the City Forester. It includes indigenous species occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape.
[Added 4-24-2024 by Ord. No. 5862]
NEGLECTThe lack of proper maintenance for a building or structure.
OCCUPANCYThe purpose for which a building or portion thereof is utilized or occupied.
OCCUPANTAny individual living or sleeping in a building, or having possession of a space within a building.
OPENABLE AREAThat part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATORAny person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNERAny person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSONAn individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATIONThe control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that serve as their food or water, or by other approved pest elimination methods.
PREMISESA lot, plot or parcel of land, easement or public way, including any structures thereon.
PUBLIC WAYAny street, alley or other parcel of land, essentially that: is open tot he outside air; leads to a street; has deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a clear width and height of not less than 10 feet.
[Amended 4-24-2024 by Ord. No. 5862]
ROOMING HOUSEA building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
ROOMING UNITAny room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living but not for cooking purposes.
RUBBISHCombustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
SLEEPING UNITA room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSEAn offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.
STRUCTUREThat which is built or constructed.
[Amended 4-24-2024 by Ord. No. 5862]
TENANTA person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOMA room containing a water closet or urinal but not a bathtub or shower.
ULTIMATE DEFORMATIONThe deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80% or less or the maximum strength.
VENTILATIONThe natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
VIOLATION TICKETA form issued by a code officer to a person who violates a provision of this code. The violation ticket is an offer by the City of Easton extended to a person to settle a violation by paying the fine in lieu of a citation being issued against the violator.
WEEDSAll plant growth that:
[Added 4-24-2024 by Ord. No. 5862]
A. Constitutes a Pennsylvania-listed noxious plant listed pursuant to 7 Pa. Code §
110.1 (Noxious weed control list), plants 2-13 inclusive. These plants include: the Lythrum salicaria Complex; any nonnative Lythrum, including Lythrum salicaria and Lythrum vireat un, their cultivars and any combination thereof; Cirsium arvense, commonly known as Canadian thistle; Rosa multiflora, commonly known as multiflora rose; Sorghum halepense, commonly known as Johnson grass; Carduus nutans, commonly known as musk thistle; Cirsium vulgare, commonly known as bull thistle; Datura stramonium, commonly known as jimson weed; Polygonum perfoliatum, commonly known as mile-a-minute; Puerria lobata, commonly known as kudzuvine; Sorghum bicolor cv, Drummondii, commonly known as shattercane; Heracleum mantegazzianum, commonly known as Giant Hogweed; Galea officinalis, commonly known as Goatsrue;
B. Is unwanted by the owner of the property on which it grows, and which grows on cultivated ground to the injury or exclusion of the desired plantings;
C. Invades adjoining property through vines, runners, rhizomes or creeping rootstock, or other underground growth;
E. When established, is highly destructive, competitive, or difficult to control by cultural or chemical practices;
F. Constitutes uncultivated growth of plants that are not native plants as defined herein without any recognized or documented ecological, agricultural. medicinal, or other value or function and exceeds eight inches in height;
G. Is lawn grass that exceeds eight inches in height.
WORKMANLIKEExecuted in a skilled manner, e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARDAn open space on the same lot with a structure.