No person, firm or corporation owning or occupying any property within the Borough shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such premises so as to exceed a height of 12 inches. Any grass or weeds growing upon any premises in the Borough in violation of the provision of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Borough.
[HISTORY: Adopted by the Borough Council of the Borough of Avis as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 500.
[Adopted 5-6-1968 by Ord. No. 141 (Ch. 10, Part 1, of the 1992 Code of Ordinances)]
The owner of any premises, as to vacant premises or premises occupied by the owner, and the occupant thereof, in the case of premises occupied by other than the owner thereof, shall remove, trim or cut all grass or weeds or other vegetation growing upon such premises in violation of the provision of § 390-1 of this article.
The Borough Council, or any officer or employee of the Borough designated thereby for the purpose is hereby authorized to give notice, by personal service or by United States mail to the owner or occupant, as the case may be, of any premises whereon grass or weeds are growing in violation of § 390-1 of this article, directing and requiring such occupant to trim or cut such grass or weeds or other vegetation so as to conform to the requirements of this article within five days after issuance of such notice. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough authorities may trim or cut such grass or weeds or other vegetation, and the cost thereof, together with any additional penalty authorized by the law, may be collected by the Borough from such person, firm or corporation, in the manner provided by law.
[Amended 12-7-1992 by Ord. No. 202]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Adopted 2-5-1996 by Ord. No. 211; amended in its entirety 5-3-2010 by Ord. No. 264 (Ch. 10, Part 2, of the 1992 Code of Ordinances)]
A. GARBAGE JUNK NUISANCE OWNER PERSON PREMISES REFUSE RUBBISH SALVAGE TRASH VEHICLE(1) (2)
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context.
Food waste, rubbish and/or refuse.
Any materials, including, but not limited to, metal, paper, scrap wood, cloth, containers, plastic, glass, rubber or other solids or liquids, articles or things that are no longer capable of being used for their intended or original purpose.
Any material, condition, structure or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of Avis Borough.
The actual owner, agent or custodian of the property on which machinery, equipment, materials, junk, salvage or vehicles are stored, whether individual, partnership, association, corporation or lessee when the lessor holds the lessee responsible for maintenance and repairs to the property.
A natural individual, firm, partnership, company, association, corporation or other legal entity. "Person" used in this article shall include, but not be limited to, any owner, landlord, agent, tenant, or occupant of premises, whether the premises is within the Borough of Avis.
Any parcel of land situate in Avis Borough.
Items discarded or rejected as useless or worthless.
Discarded items, garbage and/or any other materials which are not of value or not reusable.
Any materials, including recyclable or otherwise reusable materials, items, articles or things possessing value in part, gross or aggregate, including, but not limited to, equipment, machinery, appliances, construction materials, vehicles, or any other objects.
Worthless or discarded materials or items, refuse or garbage.
Any means of conveyance propelled by a gas, diesel or electric motor normally occupied, ridden, or driven by a human, including, but not limited to, any type of motor vehicle;
Any boats, boat trailers, utility trailers, campers, and/or motor homes, whether or not requiring Pennsylvania vehicle registration, and any other type of vehicle requiring registration or inspection with the Pennsylvania Department of Transportation or any other governmental entity.
B.
In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
A.
It shall be unlawful for any person, whether owner or lessee, to store or maintain abandoned, unused, stripped, damaged and generally unusable appliances, machinery, equipment, construction materials, or junk in the open on private property within the Borough.
B.
It shall be unlawful for any person, whether owner or lessee, to store or maintain salvage in the open on private property within the Borough.
C.
It shall be unlawful for any person, whether owner or lessee, to store or maintain garbage, rubbish, refuse or trash in the open on private property within the Borough.
D.
Storage of any item or object shall also constitute a nuisance and/or health hazard if any of the following conditions exist:
(1)
Broken glass or metal parts with sharp or protruding edges.
(2)
Containers which are conducive to the harboring and growth of vermin, insects and/or animals.
(3)
Storage in any manner which would allow equipment, machinery, material or any parts thereof to easily shift, tilt or fall from its original storage position.
(4)
Containers of any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, petroleum products, battery acids, refrigeration agents, and poisons.
(5)
Household appliances, including but not limited to refrigerators with doors remaining attached.
(6)
Any other condition which shall threaten the health, safety, convenience or comfort of the citizens of the community at large.
E.
No property owner or lessee of said real property shall store, or allow to be stored, on his/her/its property, any vehicle, unlicensed and/or not containing a valid Pennsylvania motor vehicle inspection sticker and not located in a garage, under a carport, or other enclosure out of the view of the public, without first obtaining a permit for each such vehicle, a maximum of two permits per property being allowed, from the Avis Borough Code Enforcement Officer or other designated representative of the Borough.
F.
A permit, obtained under this section, shall remain in effect for a period of 365 days which may be renewable for two additional six-month periods for any reason, unless the owner of the vehicle in question is presently on active duty in the United States military.
G.
Vehicles left for repair at a bona fide automotive repair shop or vehicles and equipment used or to be used in construction or in the operation or maintenance of public utility facilities which are kept in a manner which does not interfere with the normal movement of traffic, shall be exempt from the requirements of Subsection D, above.
A.
Storage of items listed in § 390-6A, B and C of this article on private property will be permitted only in strict compliance with any regulations adopted, from time to time, by Borough Council, in conjunction with this article or with stricter regulations in other Borough ordinances, or in state or federal laws. Any person or owner desiring to store items described in the aforementioned sections shall apply for a permit for either temporary or permanent storage and pay a fee to Avis Borough, said fee to be determined pursuant to a resolution of Borough Council. Such items must be stored within a garage or other enclosed building.
B.
With special approval and payment of a fee to the Avis Borough Council or its designee, the amount of which shall be determined, from time to time, by resolution, items listed in § 390-6A, B and C of this article may also be stored outside in an area enclosed by a chain link fence, at least six feet high, containing plastic fill slats, or other fence of similar height which prevents observation by the public. In the alternative, and upon approval by Avis Borough Council, a chain link fence of similar height may be used without slats as long as the junk and/or salvage is screened by shrubbery around the perimeter to the height of the fence.
C.
All items stored per the requirements of Subsections A and B, above, shall be kept free of insect/vermin infestation while being stored. All other potentially hazardous substances shall be removed. The Borough shall determine the total area of storage to be allocated, in square feet, at the time it issues special approval as aforesaid.
A.
The Borough, through its duly authorized agent or agents, shall have right of access at all reasonable times to any premises within the Borough where items or conditions described in § 390-6A, B, C, and D are stored or exist to determine if there is compliance with all of the provisions of this article of the Avis Borough Code of Ordinances.
B.
As used in Subsection A of this section, "reasonable times" shall be defined as between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday or whenever an emergency situation eminently dangerous to the public health, safety or welfare presents itself.
C.
Upon the failure or refusal of any owner of said premises to allow the duly authorized agents of the Borough to inspect said premises at a reasonable time, to ascertain compliance with this article, the duly authorized agents and/or law enforcement officers of the Borough of Avis are hereby authorized to obtain a search warrant for the inspection of such premises, either through an administrative warrant, or pursuant to the procedures contained in Pennsylvania's Rules of Criminal Procedure, 2000, et seq., as the case may be.
D.
If, after inspection, the duly authorized agent of the Borough of Avis determines that there has been noncompliance with the provisions of this article, the duly authorized agent 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.
E.
Said notice shall specify the condition or conditions considered to be in noncompliance with this article and shall require the owner to commence to remove or otherwise rectify the condition or conditions as set forth in the notice within 10 days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within 30 days. Said notice shall also indicate that should the condition or conditions not be fully rectified within the aforementioned 30 days, the Borough shall have the right and power to enter upon the offending premises and accomplish corrective measures, with costs to correct the condition or conditions plus 10% to be assessed against the owner.
A.
Any owner or person aggrieved by the decision of the duly authorized agent of the Borough may request and shall then be granted a hearing before the Avis Borough Council provided that said owner or person files with Avis Borough Council within 10 days after receipt of notice via mail or by posting as per § 390-8D, above, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor.
B.
Public hearing shall be given and written notice shall be provided to the applicant, the duly authorized agent of the Borough and to any other person who has made timely request for same.
C.
The hearing shall be held within 30 days from the date of the applicant's request unless the applicant has agreed, in writing, to an extension of time or for other sufficient cause.
D.
The hearing shall be conducted by the Borough Council.
E.
Borough Council, applicant and any interested person shall have the right to be represented by counsel, afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
F.
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded. Borough Council may, but is not mandated to, keep a stenographic record of the proceedings.
G.
Avis Borough Council shall render a decision sustaining, modifying or overruling the action of the duly authorized agent of the Borough within 30 days of the date of the hearing.
A.
Should the owner of property upon which condition or conditions as described in § 390-6A, B, C and/or D of this article fail/refuse to initiate or commence or otherwise to remove or rectify the condition or conditions described in the notice mailed to him or posted upon the premises within the aforementioned 10 days of mailing or posting, the Borough and/or its authorized agent or agents shall have the right and power to enter upon the offending premises to remove or otherwise rectify the condition or conditions.
B.
Such right shall only be exercised after it is ascertained that the owner has received the certified mailing of the notice or that the notice has been posted on the premises for a period of at least 10 days and no application has been made to Avis Borough Council requesting that Borough Council overrule the notice. Collection of the costs for taking corrective measures by the Borough plus 10% may be collected by a lawsuit or by the placement of a lien against the property.
In addition to the authority contained in § 390-10 of this article, any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a minimum fine of $300 and a maximum fine of $600, and in default of payment to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.