[Ord. 798, 1/17/2018]
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.
[Ord. 798, 1/17/2018]
1.Â
GARBAGE
HAZARDOUS WASTE
A.Â
B.Â
HOUSEHOLD HAZARDOUS WASTE (HHW)
INDOOR FURNITURE
JUNKED VEHICLE
A.Â
B.Â
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
C.Â
LITTER
LOCAL RESPONSIBLE AGENT
MOTOR VEHICLE
MOTOR VEHICLE NUISANCE
A.Â
B.Â
C.Â
D.Â
E.Â
F.Â
G.Â
H.Â
I.Â
J.Â
K.Â
L.Â
MUNICIPAL WASTE
NOTICE OF VIOLATION
NUISANCE
OWNER
PERSON
PRIVATE PROPERTY
PUBLIC OFFICER
PUBLIC NUISANCE
PUBLIC RIGHT-OF-WAY
RESIDUAL WASTE
RUBBISH
SIDEWALK AREA
SOLID WASTE
VEGETATION
VIOLATION TICKET
WEEDS
A.Â
(1)Â
(2)Â
(3)Â
(4)Â
B.Â
YARD
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:
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.
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 tires.
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.
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 the Borough of Renovo
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 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.
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.
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.
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."
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.
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.
Any conditions or premises which are unsafe or unsanitary.
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
curbline 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 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.
All grasses, annual plants, and vegetation which meet any of
the following criteria:
Exceed eight inches in height.
Exhale unpleasant noxious odors or pollen, such as ragweed,
dandelions, 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 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.
An open space on the same lot with a structure.
[Ord. 798, 1/17/2018]
1.Â
A person, owner, or responsible person commits a quality of life
violation by any of the following:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
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.
[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.
[Ord. 798, 1/17/2018]
1.Â
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.
2.Â
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. 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.
[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.
[Ord. 798, 1/17/2018]
1.Â
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.
2.Â
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.
3.Â
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.
4.Â
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.
5.Â
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.
[Ord. 798, 1/17/2018; as amended by Ord. No. 805, 9/9/2020]
1.Â
A warning
ticket will be issued for first-time offenders, after which any subsequent
violation will be issued a fine as follows:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
[1]
Editor's Note: Former § 17-110, Violation Ticket
Penalties, was repealed 9/9/2020 by Ord. No. 805.
[Ord. 798, 1/17/2018; as amended by Ord. No. 805, 9/9/2020]
1.Â
Any person
who receives a violation ticket for any offense under this Part may,
within 48 hours of service of the violation ticket:
2.Â
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.
3.Â
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.
4.Â
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.
[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.
[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.
[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.
[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.
[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.