Borough of Renovo, PA Quality of Life

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 the Borough, which reduces business and tax revenue inhibiting economic development. The quality of life and community pride of the citizens of Renovo 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 the Borough by helping to create a clean environment for the citizens of Renovo.

§ 17-102 Definitions.

[Ord. 798, 1/17/2018]

The following words, terms, and phrases, when used in this Part, shall be defined as follows, unless context clearly indicates otherwise:

GARBAGE

The animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food.

HAZARDOUS WASTE

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:

Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating illness.

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed.

HOUSEHOLD HAZARDOUS WASTE (HHW)

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.

INDOOR FURNITURE

Any and all pieces of furniture which are made for only inside use, including, but not limited to, upholstered chairs and sofas, etc.

JUNKED VEHICLE

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:

(1)

Rusted and/or jagged metal on or protruding from the body of the vehicle.

(2)

Broken glass or windows on or in the vehicle.

(3)

Leaking of any fluids from the vehicle or deflated or flat tires.

(4)

Unsecured and/or unlocked doors, hood, or trunk.

(5)

Storage or placement of the vehicle in an unbalanced condition, on concrete blocks, or other similar apparatus.

(6)

Harboring of rodents, insects, or other pests.

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."

LITTER

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.

LOCAL RESPONSIBLE AGENT

Any person residing or working within the Borough of Renovo designated to accept service on behalf of a legal owner or operator of a rental dwelling unit.

MOTOR VEHICLE

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.

MOTOR VEHICLE NUISANCE

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 a current valid license and registration.

Such other defects which the Borough 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.

MUNICIPAL WASTE

Any garbage, refuse, industrial, lunchroom, or office waste, and other material, including solid, liquid, semisolid, or contained gaseous material, resulting from operation of 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.

NOTICE OF VIOLATION

A written document issued to a person in violation of a Borough ordinance which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.

NUISANCE

Any condition, structure, or improvement which constitutes a danger or potential danger to the health, safety, or welfare of citizens of the Borough, or causes a blighting effect in Borough neighborhoods. See also the definition of "public nuisance."

OWNER

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.

PERSON

Every natural person, firm, corporation, partnership, association, or institution.

PRIVATE PROPERTY

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.

PUBLIC OFFICER

Any authorized inspector, Ordinance Officer, Code Enforcement Officer, or public official designated by the Borough to enforce the Borough ordinances, and, for purposes of this definition, includes a police officer.

PUBLIC NUISANCE

Any conditions or premises which are unsafe or unsanitary.

PUBLIC RIGHT-OF-WAY

The total width of any land used, reserved, or dedicated as a street, alley, driveway, sidewalk, or utility easement, including curb and gutter areas.

RESIDUAL WASTE

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.

RUBBISH

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.

SIDEWALK AREA

The public right-of-way between the property line and the curbline or the established edge of the roadway.

SOLID WASTE

Any waste, including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid, or contained gaseous materials.

VEGETATION

Any planting that is cultivated and managed for edible or ornamental purposes, such as vegetable gardens, trees, shrubs, hedges, flowers, etc.

VIOLATION TICKET

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 the Borough of Renovo extended to a person to settle a violation by paying a fine in lieu of a citation being issued against the violator.

WEEDS

All grasses, annual plants, and vegetation which meet any of the following criteria:

(1)

Exceed eight inches in height.

(2)

Exhale unpleasant noxious odors or pollen, such as ragweed, dandelions, and miscellaneous other vegetation commonly referred to as weeds or brush.

(3)

May conceal filthy deposits or serve as breeding places for mosquitoes, other insects, or vermin.

(4)

May cause 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.

YARD

An open space on the same lot with a structure.

§ 17-103 Quality of Life Violations.

[Ord. 798, 1/17/2018]

A person, owner, or responsible person commits a quality of life violation by any of the following:

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. Any unauthorized accumulation of municipal waste on any premises within the Borough is hereby declared to be a public nuisance and may be abated as a public nuisance. No garbage or debris left outdoors shall be allowed to remain for more than 48 hours.

Animal Maintenance and Waste/Feces Cleanup. People owning, harboring, or keeping a domestic animal within the Borough of Renovo 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. All waste from animals must be cleaned up on a daily basis. No person shall cause or allow any animal to defecate upon any public or private property within the Borough of Renovo without immediately removing said feces and depositing it in approved containers of said person.

High Weeds, Grass or Plant Growth. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches (254 mm). 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. It shall be unlawful for any person to knowingly cause grass clippings, leaves, or other debris or waste produced in conjunction with yard maintenance or gardening onto the streets, alleys, sidewalks and other public roads of the Borough of Renovo. A property owner is responsible to ensure that any persons hired to cut their grass or maintain their yard abide by this Part. Any grass or waste which inadvertently is caused to enter the streets or alleys of the Borough shall be promptly removed; there is no "grace period" within which to remove grass or leaves.

Motor Vehicles. It shall be unlawful to store, park, or place any unregistered, uninspected, inoperative, unlicensed, or nuisance motor vehicle on any premises. No vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. It shall be unlawful to store, park, or place any motor vehicle upon any sidewalk within the Borough of Renovo.

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 or for a yard sale or for trash collection.

Snow and Ice Removal from Sidewalks. Every owner, tenant, occupant, lessee, property agent, or any other person who is responsible for any property within the Borough of Renovo, 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, free from any snow or ice, of three feet in width 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 begins at daybreak.

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, watertight, and made of metal, plastic or fiberglass construction, waterproof, leakproof, and, except in the case of bulk containers, shall not exceed 32 gallons in capacity. 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. Consumer-type plastic garbage or trash bags may be used, provided they are securely fastened and remain outside for no more than 12 hours prior to the scheduled garbage collection. Waste/trash containers may only be placed in front of any property within 24 hours before the day of the scheduled waste/trash pickup 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 pickup.

Open Fires and Burning. There shall be absolutely no burning of paper, household waste, processed wood and any other material in the Borough, other than the burning of unprocessed wood in recreational fire pits no larger than nine square feet. The location of any site or location for burning is to be at least 10 feet from any structure and 10 feet from any property line.

§ 17-104 Authority for Issuance of Violation Ticket.

[Ord. 798, 1/17/2018]

Upon finding a quality of life violation, any public officer of the Borough of Renovo 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.

§ 17-105 Enforcement.

[Ord. 798, 1/17/2018]

The provisions of this Part shall be enforced by the Ordinance Officer, Code Official, Borough Manager, police officers, or any other public officer authorized to enforce ordinances.

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.

§ 17-106 Service.

[Ord. 798, 1/17/2018]

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.

§ 17-107 Separate Offense.

[Ord. 798, 1/17/2018]

Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed.

§ 17-108 Abatement of Violation.

[Ord. 798, 1/17/2018]

Any person or business violating this Part is hereby directed to satisfy the Borough of Renovo 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 Renovo Borough Council in order that the Borough shall be compensated for both direct and indirect costs and expenses incurred.

The Borough of Renovo and/or its contractor, per the direction of the Borough, reserves the right to abate the violation in question at the expense of the owner. If the Borough 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.

In all instances where the Borough abates the violation, in addition to the fine set forth in the quality of life ticket, the Borough 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 Renovo Borough Council and the rules and regulations. The person or business violating this Part shall reimburse the Borough within 20 days after service of the invoice for the direct and indirect costs.

Borough of Renovo Cleanup. The Borough 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 Code Enforcement Officer present imminent danger and/or pose a health hazard and/or risk, the Borough reserves the right to perform the abatement immediately. The Borough will perform this work at a rate of $50 per hour, per man, and forward the cost of any material necessary for the abatement. The Borough reserves the right to charge an additional 20% percent on all material purchases to cover all miscellaneous expenses, such as wear and tear on equipment.

Contractor Cleanup. The Borough 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 Borough reserves the right to direct the contractor to perform the abatement immediately. The contractor will submit a bill for its work to the Borough of Renovo, and the Borough will forward these costs to the violator. The Borough reserves the right to add a thirty-percent processing fee in addition to the cost of the contractor.

§ 17-109 Fines and Penalties.

[Ord. 798, 1/17/2018; as amended by Ord. No. 805, 9/9/2020]

A warning ticket will be issued for first-time offenders, after which any subsequent violation will be issued a fine as follows:

If the condition causing the violation has not been corrected within 48 hours of the issuance of the warning ticket, a violation ticket shall be issued in the amount of $25.

If the condition causing the issuance of a violation ticket has not been corrected within 48 hours of the issuance of the violation ticket, a second violation ticket shall be issued in the amount of $50.

If the condition causing the issuance of the initial warning ticket and subsequent first and second violation tickets has not been corrected within 48 hours of the issuance of the second violation ticket, the offender shall be subject to a citation for failure to pay.

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 Borough for the cleanup and abatement of the violation.

If violations are continuous or egregious, the Borough has the right to issue citations without first issuing tickets, provided notice has been given. Upon issuance of four tickets for the same violation, the right is reserved for the Borough to issue citations for the fifth and subsequent offenses.

§ 17-110 (Reserved) [1]

[1]

Editor's Note: Former § 17-110, Violation Ticket Penalties, was repealed 9/9/2020 by Ord. No. 805.

§ 17-111 Hearings and Appeals.

[Ord. 798, 1/17/2018; as amended by Ord. No. 805, 9/9/2020]

Any person who receives a violation ticket for any offense under this Part may, within 48 hours of service of the violation ticket:

Admit the violation and pay the fine in full satisfaction; or

Deny the violation and request a hearing before the Quality of Life Hearing Board ("Hearing Board").

If a person wishes to deny a violation and requests a hearing before the Hearing Board, the person shall, within 48 hours of the service of the violation ticket, file a written appeal to the Hearing Board requesting a hearing. The written appeal shall be on a form provided by the Borough and shall be completed and signed by the person allegedly violating the ordinance and shall be accompanied by a hearing fee of $25, which shall be refunded within 30 days of the determination of the Hearing Board in the event the Hearing Board determines there is no violation by the alleged violator. The hearing shall be held no less than 10 days, and no more than 60 days, after the filing of the written appeal. At the hearing, the public officer shall present evidence of the alleged violation, and the alleged violator shall be entitled to present evidence in support of the appeal. Each party shall have the opportunity to question witnesses. Formal rules of evidence shall not apply. Only evidence relevant to the violation in question shall be considered. The Chairperson of the Hearing Board shall be in charge of the hearing.

In the event the Hearing Board grants the appeal and determines the person has not committed the violation, the matter is terminated. In the event the appeal is denied, the violator shall pay the amount of the violation ticket within 10 days or shall notify the Borough, in writing, within 10 days of the decision of the Hearing Board, that he/she refuses to pay the fine and restitution. If the violation ticket is not paid within 10 days of the decision of the Hearing Board, the Borough may file a citation before the Magisterial District Judge, and such hearing before the Magisterial District Judge shall be a hearing de novo. All decisions of the Hearing Board shall be in writing. The ten-day period shall begin the date the written decision is mailed to the violator.

At the discretion of the Borough, any unpaid fines or costs may be turned over by the Borough to a collection agency; or a municipal lien may be placed against the property which was the subject of the violation; or the Borough may collect the amount due pursuant to any other remedy available at law or in equity. In all such cases, the Borough may collect all costs of collection, including reasonable attorneys' fees, as permitted under the laws of the Commonwealth of Pennsylvania.

If the forty-eight-hour period (referenced in Subsections 1 and 2) or the ten-day period (referenced in Subsection 3) ends on a weekend or holiday, the period shall be extended until 5:00 p.m. the next business day.

§ 17-112 Citation Fines.

[Ord. 798, 1/17/2018]

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 authorized hereby, shall, upon conviction, be ordered to pay a fine of not less than $100 and not more than $1,000 for each offense, and the costs of prosecution, including restitution of the fees of the Code Official, or shall be imprisoned for no more than 90 days, or both.

§ 17-113 Restitution.

[Ord. 798, 1/17/2018]

The Magisterial District Judge may order the violator to make restitution to said real or personal property owner and to the Borough of Renovo for the costs of prosecution, including the fees of the Code Official.

§ 17-114 Collections.

[Ord. 798, 1/17/2018]

At the discretion of the Borough of Renovo, all tickets for which payment is not received within 45 days of issuance of a ticket for which an appeal is not taken, and 45 days from denial of appeal and monies paid by the Borough of Renovo for abatement of a violation not paid within 45 days of billing, may be turned over by the Borough to a collection agency for receipt.

§ 17-115 Liens.

[Ord. 798, 1/17/2018]

At the discretion of the Borough of Renovo, liens may be placed upon a property against which tickets were issued for which payment is not received within 45 days of issuance of a ticket for which an appeal is not taken, and 45 days from denial of appeal and monies paid by the Borough of Renovo for abatement of a violation and not paid within 45 days of billing.

§ 17-116 Nonexclusive Remedies.

[Ord. 798, 1/17/2018]

The penalty lien and collection provisions of this Part shall be independent, non-mutually-exclusive, separate remedies, all of which shall be available to the Borough of Renovo 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 Borough in the case of a violation of any other Borough of Renovo 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.