[Ord. 286, 6/10/2004, § 1]
This Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 — 7210.1103, as amended from time to time, and its regulations.
[Ord. 286, 6/10/2004, § 2]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 — 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of this Township.
[Ord. 286, 6/10/2004, § 3]
1.
Administration and enforcement of the code within this Township shall be undertaken in any of the following ways as determined by the Board of Supervisors of this Township, from time to time, by resolution:
A.
By the designation of an employee of the Township to serve as the municipal code official to act on behalf of the Township.
B.
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Township.
C.
By agreement with one or more other municipalities for the joint administration and enforcement of this Part through an intermunicipal agreement.
D.
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of this Township.
E.
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
[Ord. 286, 6/10/2004, § 4]
A Board of Appeals shall be established by resolution of the governing body of this municipality in conformity with the requirements of the relevant provisions of the code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.
[Ord. 286, 6/10/2004, § 5]
1.
All building code ordinances or portions of ordinances which were adopted by this Township on or before July 1, 1999, and which equal or exceed the requirements of the code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time.
2.
All building code ordinances or portions of ordinances which are in effect as of the effective date of this Part and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
3.
All relevant ordinances, regulations and policies of this Township not governed by the code shall remain in full force and effect.
[Ord. 286, 6/10/2004, § 6]
Fees assessable by the Township for the administration and enforcement undertaken pursuant to this Part and the code shall be established by the Board of Supervisors by resolution from time to time.
[Ord. 286, 6/10/2004; as added by Ord. 358, 2/13/2013, §§ 1, 2]
1.
Replacing shingles on a residential dwelling shall be considered an ordinary repair and residents of the Township shall not be required to obtain a permit in order to replace the shingles on a residential dwelling unit.
2.
If, however, any of the following are found to be applicable during the replacement of said shingles, then a permit for the alteration and/or reconstruction of a roof is required:
[Ord. 286, 6/10/2004; as added by Ord. 362, 3/12/2014, § 1]
The following definitions shall apply when interpreting this Part:
An extension or increase in floor area or height of a building or structure.
Any construction or renovation to an existing structure other than repair or addition.
Reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
[Ord. 286, 6/10/2004; as added by Ord. 362, 3/12/2014, § 2]
1.
The following additional permit standards shall apply:
A.
Pursuant to and in accordance with State Act 92, § 104(B), permits are required for all residential alterations and repairs pursuant to the International Residential Code 2003 Chapter 1, § 105, or any subsequent edition thereof or amendments thereto, unless otherwise exempted by this Section.
B.
Pursuant to and in accordance with State Act 92, § 104(B), zoning permits are required for all utility and miscellaneous use structures. Building permits are also required for utility and miscellaneous structures, that are accessory to detached one-family dwellings, in excess of 500 square feet.
C.
Occupancy of any structure which is altered or erected without first securing the permits required by this Section is hereby declared unlawful and a violation of the UCC, unless the alteration or erection would otherwise have been exempt from permit requirements pursuant to International Residential Code 2003, § R105.2 or any subsequent edition thereof or amendment thereto, which is incorporated herein by reference as though fully set forth at length.
[Ord. No. 396, 12/11/2019]
Lack of maintenance of properties, improper storage of trash and rubbish, storage of inoperable/nonregistered vehicles, and accumulation of snow and ice are costly problems that contribute to the deterioration of property values and general disorder in a community. These problems degrade the physical appearance of Plainfield Township, which reduces business and tax revenue inhibiting economic development. The quality of life and community pride of the citizens of Plainfield Township are negatively impacted by the occurrences and existence of these activities. Recognizing these are community problems, the purpose of this Part is to promote the health, safety and general welfare of Plainfield Township by helping to create a clean environment for the citizens of Plainfield Township.
[Ord. No. 396, 12/11/2019]
The following words, terms, and phrases, when used in this Part, shall be defined as follows, unless context clearly indicates otherwise:
The animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
Any waste material or a combination of solid, liquid, semisolid, or contained gaseous material that because of its quantity, concentration, physical, chemical, or infectious characteristics may:
Waste which would be chemically or physically classified as a hazardous waste, but is excluded from regulation as a hazardous waste because it is produced in quantities smaller than those regulated by the Pennsylvania Department of Environmental Protection, and because it is generated by persons not otherwise covered as hazardous waste generators by those regulations. Such HHW materials meet one of the following four classifications: toxic, flammable, reactive, or corrosive. HHW consists of numerous products that are common to the average household such as: pesticides and herbicides, cleaners, automotive products, paints, and acids.
Any and all pieces of furniture which are made for only inside use, including, but not limited to, upholstered chairs and sofas, etc.
Any vehicle which presents a hazard or danger to the public or is a public nuisance by virtue of its state or condition of disrepair.
The following conditions, if present, are examples of a state or condition of disrepair:
Rusted and/or jagged metal on or protruding from the body of the vehicle.
Broken glass or windows on or in the vehicle.
Leaking of any fluids from the vehicle or deflated or flat tire(s).
Unsecured and/or unlocked doors, hood, or trunk.
Storage or placement of the vehicle in an unbalanced condition, on concrete blocks, or other similar apparatus.
Harboring of rodents, insects, or other pests.
A vehicle without a valid license or registration.
The foregoing examples are not inclusive of all conditions which may constitute a state or condition of disrepair. See also the definition of "motor vehicle nuisance."
Includes, but is not limited to, all waste material, garbage, trash, i.e., waste paper, tobacco products, wrappers, food or beverage containers, newspapers, etc., municipal waste, human waste, domestic animal waste, furniture or motor vehicle seats, vehicle parts, automotive products, shopping carts, construction or demolition material, recyclable material, and dirt, mud and yard waste that has been abandoned or improperly discarded, deposited, or disposed.
Any person residing or working within Plainfield Township designated to accept service on behalf of a legal owner or operator of a rental dwelling unit.
Any type of mechanical device, capable or at one time capable of being propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semitrailers pulled thereby.
A motor vehicle with one or more of the following defects:
Broken windshields, mirrors, or other glass, with sharp edges.
Broken headlamps, tail lamps, bumpers, or grills with sharp edges.
Any body parts, truck, firewall, or floorboards with sharp edges or large holes resulting from rust.
Protruding sharp objects from the chassis.
Missing doors, windows, hood, trunks, or other body parts that could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
Any vehicle suspended by blocks, jacks, or other such materials in a location which may pose a danger to the public, property owners, visitors, or residents of the property on which said vehicle is found.
Any excessive fluids leaking from vehicle which may be harmful to the public or the environment.
Disassembled body or chassis parts stored in, on, or about the vehicle.
Vehicles that do not display or possess a current valid license and registration.
Such other defects which the Fire Department determines to be a danger to the general public or property.
Motor vehicles parked, drifted, or otherwise located which may interfere with flow of pedestrian or automobile traffic or impede emergency efforts.
Any garbage, refuse, industrial, lunchroom, or office waste, and other material, including solid, liquid, semisolid, or contained gaseous material resulting from operation or residential, municipal, commercial, or institutional establishments or from community activities, and which is not classified as residual waste or hazardous waste as defined herein. The term does not include source separated recyclable materials or organic waste.
A written document issued to a person in violation of a Township ordinance which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.
The unreasonable, unwarrantable or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to another person in his/her legitimate enjoyment of his/her reasonable rights of person or property. See also the definition of "public nuisance."
A 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 principals of a limited liability company or officer, director or shareholder of a corporation if that individual is responsible for the management and 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.
Every natural person, firm, corporation, partnership, association, or institution.
Any land and the improvements thereon owned by any person and includes front, side, and rear yards; vacant lots, buildings, and other structural improvements; walkways and alleyways; and parking areas, designed or used either wholly or in part for private residential, industrial, or commercial purposes, whether inhabited, temporary, continuously uninhabited, or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging to or appurtenant to such dwelling, house, building, or other structure.
A public nuisance is an activity that threatens the public health, safety or welfare, or does damage to community resources.
Any authorized inspector, Township Manager, Zoning Officer, Code Enforcement Officer, or public official designated by the Township to enforce the Township ordinances, and, for purposes of this definition, includes a police officer.
The total width of any land used, reserved, or dedicated as a street, alley, driveway, sidewalk, or utility easement, including curb and gutter areas.
Any discarded material or other waste, including solid, semisolid, or contained gaseous materials resulting from construction, industrial, mining, and agricultural operations, excluding municipal water and sewer operations.
Combustible and noncombustible waste materials, except garbage; the term shall include 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.
The public right-of-way between the property line and the curb line or the established edge of the roadway.
Any waste, including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid, or contained gaseous materials.
Any planting that is cultivated and managed for edible or ornamental purposes such as vegetable gardens, trees, shrubs, hedges, flowers, etc.
A form issued by a police officer or public officer to a person who violates a provision of this Part. The violation ticket is an offer by Plainfield Township extended to a person to settle a violation by paying a fine in lieu of a citation being issued against the violator.
All grasses, annual plants, and vegetation, which meet any of the following criteria:
Exceed 10 inches in height.
Exhale unpleasant noxious odors or pollen such as ragweed, milkweed, and miscellaneous other vegetation commonly referred to as weeds or brush.
May conceal filthy deposits or serve as breeding places for mosquitoes, other insects, or vermin.
May constitute a public nuisance.
Weeds shall not include cultivated and managed vegetation planted for edible or ornamental purposes such as vegetable gardens, trees, shrubs, flowers, etc.
An open space on the same lot with a structure.
[Ord. No. 396, 12/11/2019]
A person, owner, or responsible person commits a quality of life violation by any of the following:
1.
Accumulation of Rubbish or Garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of waste, trash, rubbish, or garbage that constitutes a public nuisance or health hazard.
2.
Animal Maintenance and Waste/Feces Clean-Up. People owning, harboring, or keeping an animal within Plainfield Township shall not permit any waste matter/feces from the animal to collect and remain on the property so as to cause or create an unhealthy, unsanitary, dangerous, or offensive living condition that constitutes a public nuisance or health hazard. All waste from animals must be cleaned up on a daily basis. No person shall cause or allow any animal to defecate upon any property within Plainfield Township without immediately removing said feces and depositing in approved containers of said person.
3.
Disposal of Rubbish or Garbage/Dumping. Improper disposal of rubbish or garbage, or dumping or disposing of rubbish or garbage on vacant, unoccupied, or other property.
4.
High Weeds, Grass or Plant Growth. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 millimeters). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation. Cultivated flowers, gardens, trees, and shrubs shall not be included as a violation of this Part. Uncultivated meadows and forests shall not be included as a violation of this Part.
5.
Littering or Scattering Rubbish. No person shall throw, dump, place, sweep, or dispose of any waste, trash, garbage, or rubbish upon any public sidewalk, alley, street, bridge, public passageway, public parking area, or on any public property.
6.
Motor Vehicles. It shall be unlawful to store, park, or place any unregistered, uninspected, inoperative, unlicensed, unregistered or nuisance motor vehicle on any premises. No vehicle shall at any time be stored in a permanent state of major disassembly or disrepair. It shall be unlawful to store, park, or place any motor vehicle upon any sidewalk within Plainfield Township.
7.
Discharging Grass Clippings and Other Yard Waste. No person shall discharge, throw, dump, place, sweep, or dispose of any grass clippings or any other yard waste upon any public sidewalk, alley, street, bridge, public passageway, public parking area, or any public property.
8.
Outside Placement of Indoor Appliances/Furniture. It is prohibited to store or place any/all appliances or furniture, including, but not limited to, ranges, refrigerators, air conditioners, ovens, washers, dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior chairs, or interior tables on the exterior of any property for the purpose of sale or any other reason, except for the temporary purpose to perform maintenance on said property. Outdoor kitchens that are in compliance with all applicable Plainfield Township ordinances, including but not limited to, the Plainfield Township Zoning Ordinance, as amended, and the Uniform Construction Code (UCC), as amended, shall be exempt from this provision.
9.
Snow and Ice Removal from Sidewalks. Every owner, tenant, occupant, lessee, property agent, or any other person who is responsible for any property within Plainfield Township, is required to remove any snow or ice from their sidewalk within 24 hours of the cessation of said snow and ice falling. Furthermore, they must create a path that is free from any snow or ice in a minimum width of three feet on said sidewalk. If and/or when the snow and/or ice cessation happens during the hours of darkness, the time limit of removal of all snow and ice shall begin at daybreak.
10.
Storage Containers for Waste or Trash. The owner of every premises shall supply approved containers for waste/trash, as well as be responsible for the removal of rubbish. All containers that store waste or trash shall be durable, water tight, and made of metal or plastic. Containers must have tight-fitting covers, and must be kept clean and odor free at all times. All containers must be stored in a location on the owner's property not within the public right-of-way or readily visible from the public right-of-way. Waste/trash containers may only be placed in front of any property within 24 hours before the day of the scheduled waste/trash pick-up day. Once the licensed hauler removes the waste/trash from any property, all containers must be stored so they are not on the public right-of-way or readily visible from the public right-of-way within 24 hours after pick-up.
[Ord. No. 396, 12/11/2019]
Upon finding a quality of life violation, any Public Officer of Plainfield Township, may issue quality of life violation tickets to the owner and/or occupant of the property at issue or to the individual(s) known to have violated this Part.
[Ord. No. 396, 12/11/2019]
1.
The provisions of this Part shall be enforced by the Township Manager, Zoning Officer, Code Enforcement Officer, police officers, or any other public officer authorized to enforce ordinances.
2.
Any violation of the provisions of this Part may be cause for a citation, a violation ticket, and/or a notice of violation to be issued to the violator.
[Ord. No. 396, 12/11/2019]
A violation ticket shall be served upon a violator by handing it to the violator, by handing it at the residence of the person to be served to an adult member of the household or other person in charge of the residence, by leaving or affixing the notice or violation ticket to the property where the violation exists, by handing it at any office or usual place of business of the violator, to his/her agent or to the person for the time being in charge thereof, or by mailing the notice to the violator's address of record.
[Ord. No. 396, 12/11/2019]
Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed.
[Ord. No. 396, 12/11/2019]
1.
Any person or business violating this Part is hereby directed to satisfy Plainfield Township and its citizens, upon issuance of a quality of life ticket, by correcting the violation in question. A public officer is authorized and empowered to cause a violation to be corrected. The cost shall be determined by the public officer in order that the Township shall be compensated for both direct and indirect costs and expenses incurred.
2.
Plainfield Township and/or its contractor, per the direction of the Township, reserves the right to abate the violation in question at the expense of the owner. If the Township has affected the abatement of the violation, the cost thereof may be charged to the owner of the property, tenant, or offending party. A bill/invoice will be generated to the violator for payment separate from the quality of life ticket, which will also be paid separately.
3.
In all instances where the Township abates the violation, in addition to the fine set forth in the quality of life ticket, the Township is authorized to recover from the offending party, the owner of the property, or tenant the abatement charges and such other charges established by the public officer and the rules and regulations.
4.
Plainfield Township Cleanup. The Township reserves the right to perform any necessary work to abate any violation once 72 hours passes from the date of issuance of the quality of life ticket. Should the violation at the discretion of the public officer present imminent danger and/or pose a health hazard and/or risk, the Township reserves the right to perform the abatement immediately. The public officer shall have the authority to extend the initial seventy-two-hour time period, at his/her sole discretion, on a case-by-case basis.
A.
The Township will perform this work at a rate of $60 per hour, per employee, and forward the cost of any material necessary for the abatement. The Township reserves the right to charge an additional 20% on all material purchases to cover all miscellaneous expenses, such as wear and tear on equipment.
5.
Contractor Cleanup. The Township reserves the right to direct a contractor to perform the abatement of the violation in question once 72 hours passes from the date of issuance of the quality of life ticket. Should the violation present imminent danger and/or pose a health hazard and/or risk, the Township reserves the right to direct the contractor to perform the abatement immediately. The public officer shall have the authority to extend the initial seventy-two-hour time period, at his/her sole discretion, on a case-by-case basis. The contractor will submit a bill for their work to Plainfield Township and the Township will forward these costs to the violator. The Township reserves the right to add a 30% processing fee in addition to the cost of the contractor.
[Ord. No. 396, 12/11/2019]
1.
For the first of a violation of this part within a twelve-month period, violation tickets shall be issued in the amounts of $25, as set forth on the chart below.
2.
For the second offense of a violation of this Part within a twelve-month period, violation tickets shall be issued in the amounts of $50, as set forth on the chart below.
3.
For the third offense of a violation of this Part within a twelve-month period, violation tickets shall be issued in the amounts of $100, as set forth on the chart below.
Violation | Description | Fine 1 | Fine 2 | Fine 3+ |
|---|---|---|---|---|
QOL-001 | Accumulation of rubbish or garbage | $25 | $50 | $100 |
QOL-002 | Animal maintenance and waste/feces cleanup | $25 | $50 | $100 |
QOL-003 | Disposal of rubbish or garbage, dumping | $25 | $50 | $100 |
QOL-004 | High weeds, grass, or plant growth | $25 | $50 | $100 |
QOL-005 | Littering or scattering rubbish | $25 | $50 | $100 |
QOL-006 | Motor vehicles | $25 | $50 | $100 |
QOL-007 | Discharging grass clippings and other yard waste | $25 | $50 | $100 |
QOL-008 | Outside placement of indoor appliances/furniture | $25 | $50 | $100 |
QOL-009 | Snow and ice removal from sidewalks | $25 | $50 | $100 |
QOL-010 | No containers for waste or trash | $25 | $50 | $100 |
4.
For each offense subsequent to three offenses of this Part within a twelve-month period, amounts of violation tickets shall increase in the amount of $100, accumulative for each subsequent offense.
5.
Any persons who receive a violation ticket for any violation of this Part may, within 15 days, admit the violation, waive a hearing, and pay the fine in full satisfaction.
6.
Any person who violates this Part shall pay a fine as set forth herein for each offense, plus all direct and indirect costs incurred by the Township for the cleanup and abatement of the violation.
[Ord. No. 396, 12/11/2019]
1.
If the person in receipt of a $25 violation ticket does not pay the fine or request a hearing within 15 days, the person will be subject to a $10 penalty for days 16 through 30.
2.
If the person in receipt of a $50 violation ticket does not pay the fine or request a hearing within 15 days, the person will be subject to a $25 penalty for days 16 through 30.
3.
If the person in receipt of a $100 or higher violation ticket does not pay the fine or request a hearing within 10 days, the person will be subject to a $50 penalty for days 16 through 30.
4.
Failure of the person to make payment or request a hearing within 30 days of a violation ticket shall make the person subject to a citation for failure to pay.
5.
If violations are continuous or egregious, public officers have the right to issue citations without first issuing tickets, provided notice has been given. Upon issuance of four tickets for the same violation, right is reserved for the public officers to issue citation for the fifth and subsequent offenses.
[Ord. No. 396, 12/11/2019]
Any person, firm, or corporation who shall fail, neglect, or refuse to comply with any of the terms or provisions of this Part, or of any regulation or requirement pursuant hereto and authorizes hereby shall, upon conviction, be ordered to pay a fine of not less than $100, and not more than $1,000 on each offense, the costs of prosecution including restitution of the fees of the public officer, or imprisoned no more than 90 days, or both.
[Ord. No. 396, 12/11/2019]
The Magisterial District Judge may order the violator to make restitution to said real or personal property owner and to Plainfield Township for the costs of prosecution including the fees of the public officer.
[Ord. No. 396, 12/11/2019]
At the discretion of Plainfield Township, all tickets for which payment is not received in accordance with the below listed timeframes may be turned over by the Township to the Township Solicitor and/or a collective agency for receipt.
Description of Scenario and Time Period | |
|---|---|
1). | 45 days after issuance of a ticket and an appeal is not received |
2). | 45 days from denial of appeal |
3). | Monies are paid by Plainfield Township to abate a violation and invoice(s) remain unpaid 45 days from invoice date |
[Ord. No. 396, 12/11/2019]
At the discretion of Plainfield Township, liens may be placed upon a property against which tickets were issued in accordance with the below listed timeframes.
Description of Scenario and Time Period | |
|---|---|
1). | 45 days after issuance of a ticket and an appeal is not received |
2). | 45 days from denial of appeal |
3). | Monies are paid by Plainfield Township to abate a violation and invoice(s) remain unpaid 45 days from invoice date |
[Ord. No. 396, 12/11/2019]
The penalty lien and collection provisions of this Part shall be independent, non-mutually exclusive separate remedies, all of which shall be available to Plainfield Township as may be deemed appropriate for carrying out the purposes of this Part. The remedies and procedures provided in this Part for violation hereof are not intended to supplant or replace to any degree the remedies and procedures available to the Township in the case of a violation of any other Plainfield Township Code or Codified Ordinances, whether or not such other Code or ordinance is referenced in this Part, and whether or not an ongoing violation of such other Code or ordinance is cited as the underlying ground for a finding of a violation of this Part.
[Ord. No. 396, 12/11/2019]
The provisions of this Part shall be severable, and if any provision hereof shall be declared unconstitutional, illegal or invalid, such decision shall not affect the validity of any of the remaining provisions of this Part. It is hereby declared as a legislative intent of the Township that this Part would have been amended as if such unconstitutional, illegal or invalid provision or provisions has not been included herein.
[Ord. No. 396, 12/11/2019]
All provisions of Township ordinances and resolutions or parts thereof that are in conflict with the provisions of this Part, are hereby repealed.