This article shall be known and cited as the "Borough of Port
Allegany Property Maintenance Standards."
Recognizing the need within the Borough to establish certain
minimum health and safety requirements for those buildings, structures,
or properties which are used or associated with human occupancy, this
article hereby establishes standards and procedures which the Borough
Council considers to be fair and effective in meeting those minimum
requirements.
The owner of the premises shall maintain the structures, lot
and yard in compliance with these requirements, except as otherwise
provided for in this article. A person shall not occupy as owner-occupant
or permit another person to occupy premises which are not in a sanitary
and safe condition and which do not comply with the requirements of
this article. Occupants of a building, dwelling unit, rooming unit
or housekeeping unit are responsible for keeping in a clean, sanitary
and safe condition that part of the building, dwelling unit, rooming
unit, housekeeping unit or premises which they occupy and control.
As used in this article, 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
A plot, tract, 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 in their
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 commercial 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 article shall supplement local laws,
ordinances or regulations existing in the Borough or those of the
Commonwealth of Pennsylvania. Where a provision of this article is
found to be in conflict with any provision of a local law, ordinance,
code or regulation 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 article with respect to the maintenance
of that part of the premises which he occupies and/or controls pursuant
to the terms of the contract/agreement under which he occupies and/or
controls thereof.
A. Owner(s) 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.
B. 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 treated as
if an owner within the true intent and meaning of this article.
If in the opinion of the Code Official the owner and/or occupant is out of compliance with the standards in this article, the owner and/or occupant shall receive a warning letter from the Code Official or other authorized representative describing the violation(s). If the owner does not comply, the Code Official shall follow the process detailed under Article
III (Ticketing). If the owner and/or occupant does not resolve the problem to the satisfaction of the Code Official at this stage, the Code Official shall move ahead with the formal citation process. The owner and/or occupant shall be notified by certified mail or through personal service of said violation or violations. The citation shall be in writing and shall identify the premises and shall cite the specific violation or violations. The notice shall direct the owner and/or occupant to correct the deficiency and/or deficiencies within a reasonable period of time as specified in the said notice, and shall inform the owner and/or occupant of the fines and penalties which may accrue upon the failure to comply. The notice shall also specify that, in lieu of or in addition to fines and penalties, and subsequent to the period of time specified in the said notice, the Borough 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. A copy of the said notice shall be posted in a conspicuous place on the subject premises and at the Borough building.
The owner and/or occupant shall correct any and all noted deficiencies
within such period of time as may be specified in the notice. Extension
of such specified period of time may be granted by the Borough, in
its sole discretion upon good cause shown. Failure to comply with
any such notice within the time specified shall constitute a violation
of this article, with each separate day during which a violation continues
to exist constituting a separate violation. When the owner and/or
occupant has completed work to correct the deficiencies they shall
immediately notify the Borough office; the Borough will inspect the
work at its earliest opportunity during the Borough's stated
business hours. If the Borough determines that the work has not satisfactorily
addressed the deficiency, owner and/or occupant shall be liable for
a continuing violation for each separate day pursuant to this article.
Any person, firm or corporation who shall violate any of the
provisions of this article shall, upon conviction by the District
Justice, be sentenced to pay a fine not exceeding $1,000, together
with costs of prosecution, or to undergo imprisonment for a term not
to exceed 30 days, or both.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
article.
The Code Official 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, upon reasonable (i.e., twenty-four-hour)
advance notice, for the purpose of 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.