[Ord. 5-04-3, 5/13/2004]
This Part shall be known and may be cited as the "Gregg Township,
Village of Spring Mills, Property Maintenance Ordinance."
[Ord. 5-04-3, 5/13/2004]
The Board of Supervisors of the Township of Gregg, under, and
by virtue of and pursuant to the authority granted by the Second Class
Township Code hereby enacts and ordains this Part.
[Ord. 5-04-3, 5/13/2004]
The purpose of this Part is to prevent public and private nuisances
caused by the storage and/or accumulation of refuse deliberately or
carelessly maintained and to provide for safety of the citizens, buildings,
yards and streets of the Village of Spring Mills.
[Ord. 5-04-3, 5/13/2004; as amended by A.O.]
As used in this Part, the following terms shall have the meanings
indicated:
Any structure having a roof supported by columns or walls,
that is used for the shelter, housing, or enclosure of persons, animals
or property, and that shall be affixed to the land with a permanent
foundation. Note: All buildings are structures; however, not all structures
are buildings.
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
Any building designed for or used exclusively as the residence
or sleeping place of one or more persons as provided hereafter. Note:
All dwellings are buildings; however, not all buildings are dwellings.
The Penns Valley Code Enforcement Agency or any other duly
authorized agent.
The presence of insects, rodents, vermin, and/or other pests.
Any vehicle in nonserviceable condition or without having
a current inspection sticker or current registration plate.
Plot, tract, premises or parcel of land with or without improvements
thereto.
Any person or persons, jointly or severally, firm corporation,
or other entity that, either by conveyance or inheritance or otherwise,
is vested with the title to a lot and/or improvements thereto or who
retains the exclusive control of such a lot and/or improvements in
his capacity as a legal representative, such as an administrator,
trustee, executor, etc.
Any solid waste, including, but not limited to, putrescible
animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food, nonputrescible wastes including rubbish,
ashes, dead animals and any other solid waste that results from the
normal occupancy of the structure.
Natural vegetation stretching along a stream, river or wetland
that maintains the hydrologic, hydraulic, and ecological integrity
of the stream channel, removes pollution and runoff protects aquatic
life and wildlife, and provides corridors for wildlife.
Any building or part thereof or man-made structure that remains
unoccupied for a period of more than one year, 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.
Any of various small animals or insects that are destructive,
annoying, or injurious to health, such as cockroaches or rats.
Area and group of properties which adjoin or are accessed
from Musser Alley, Railroad Street, Cooper Street, Maple Lane, Egg
Hill Drive, Water Tower Lane, School Street, Water Street, Firehall
Lane, Tool Shed Lane, Stomeyer Lane, Long Street and Long Street Extension
and which are not designated as agricultural on the May 2, 2001 Gregg
Township Zoning Map produced by Geo-Decisions. In addition, the Village
of Spring Mills shall include the baseball field adjacent to Sinking
Creek Road and currently located on property owned by the Penns Valley
Area School District.
Any open space on the same lot with a building and, for the
most part, unobstructed from the ground up.
[Ord. 5-04-3, 5/13/2004]
The provisions of this Part shall supplement local laws, ordinances,
or regulations existing in the Township or those of the Commonwealth
of Pennsylvania. Where a provision of this Part is found to be in
conflict with any provision of a local law, ordinance or code or those
of the Commonwealth of Pennsylvania, the provision that is more restrictive
or that establishes the higher standard shall prevail.
[Ord. 5-04-3, 5/13/2004]
No person; firm or corporation owning or occupying any property
within the Village shall permit any grass or weeds or any vegetation
whatsoever, not edible or planted for some useful or ornamental purpose,
including as a riparian buffer, to grow or remain upon such premises
so as to exceed a height of 10 inches or to throw any unpleasant or
noxious odor or to conceal any filthy deposit or to create or produce
pollen. Any grass, weeds, or vegetation growing on any premises in
the Village in violation of any of the provisions of this section
is hereby declared to be a nuisance and detrimental to health, safety,
cleanliness, and comfort of the inhabitants of the Village.
[Ord. 5-04-3, 5/13/2004]
The owner of any premises when such premises are vacant or occupied
by the owner and the occupant thereof when the premises are occupied
by other than the owner shall remove, trim or cut all grass, weeds
or other vegetation growing or remaining upon such premises in violation
of the provisions of this Part.
[Ord. 5-04-3, 5/13/2004]
The Township Supervisors or any officer or employee of the Township designated thereby for the purpose is hereby authorized to give notice, by personal service or by United States mail, to the owner and/or occupant, as the case may be, of any premises whereon grass, weeds, or other vegetation is growing or remaining in violation of the provisions of § 4-206 of this Part, directing and requiring such occupant to remove, spray, trim, or cut such grass, weeds, or vegetation, so as to conform to the requirements of this Part within 12 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 Township authorities may remove, spray, trim, or cut such grass, weeds, or vegetation, and the cost thereof, together with any additional penalty authorized by this Part, may be collected by the Township from such person, firm, or corporation in the manner provided by law.
[Ord. 5-04-3, 5/13/2004]
1.
No owner of any building or structure shall fail to take steps and
perform such maintenance thereto as may be required from time to time
to ensure the property is safe, sound, sanitary, and secure and does
not present a health and/or safety hazard to surrounding properties
and to the general populace.
2.
No owner of any unoccupied building or structure shall fail to take
such steps as may be required to ensure that these are securely closed
so as to prohibit and deter entry thereto and to ensure that no health
and/or safety hazard, or threat thereof, is precipitated due to a
lack of maintenance or due to neglect.
3.
Owners of any and all unoccupied buildings and/or structures that,
through neglect, have deteriorated to the point of being classified
as unoccupied hazards, and therefore constitute a severe health and/or
safety hazard, shall, upon direction of the Board of Supervisors,
remove or cause the removal of the building and/or structure.
[Ord. 5-04-3, 5/13/2004]
No person, firm or corporation owning or occupying any property within the Village shall permit any abandoned building or other structure to become in such a state of disrepair as to be detrimental to the health, safety, and welfare of the residents of the Village or to allow any materials to accumulate on said property that might be unsafe to the residents of the Village. Any abandoned buildings or other structures or materials accumulated on any premises in the Village in violation of the provisions of this section constituting an unsafe and unhealthy condition are declared to be a nuisance and detrimental to the health, safety, cleanliness, and comfort of the inhabitants of the Village. Any such nuisance so determined by the Township shall be abated as provided in § 4-216 of this Part and/or the owner or occupant be prosecuted under § 4-217 of this Part as hereinafter provided.
[Ord. 5-04-3, 5/13/2004]
From and after the effective date of this Part, for reasons of health and sanitation, it shall be unlawful for any person to accumulate or permit to be accumulated upon his private property in the Village of Spring Mills garbage, refuse, riffraff, junk vehicles, debris, and any other type of combustible or incombustible refuse or rubbish. Any accumulation of said garbage, refuse, riffraff, junk vehicles, debris, and any other type of combustible or incombustible refuse or rubbish on any premises in the Village of Spring Mills in violation of the provisions of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness, and comfort of the residents of the Village. Said nuisance shall be abated or removed as set forth in § 4-216 of this Part.
[Ord. 5-04-3, 5/13/2004]
1.
No person shall permit:
A.
Fences and/or minor structures to be constructed and maintained so
as to present a safety or health hazard to persons and/or property.
B.
The development or accumulation of hazards, rodent harborage and/or
infestation upon yards, courts, or lots.
C.
Objectionable materials to accumulate and to be blown about the surrounding
neighborhood.
D.
The accumulation of heavy undergrowth and/or vegetation that would
impair the health and/or safety of the neighborhood.
E.
Any trees, plants or shrubbery, or any portion thereof to grow on
their property when it constitutes a safety hazard to pedestrian and/or
vehicular traffic.
[Ord. 5-04-3, 5/13/2004]
1.
Grounds, buildings, and structures shall be maintained free of insect,
vermin, and rodent harborage and infestation.
2.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling, and disposal of garbage and refuse.
3.
Where there exists rodent and vermin infestation, corrective measures
shall be undertaken by the property owner and/or occupant to alleviate
the existing problem(s), to include screening, extermination, and/or
garbage and refuse control. Methods employed for extermination shall
conform with generally accepted practices.
[Ord. 5-04-3, 5/13/2004]
1.
No person shall permit:
A.
Roof, surface, and/or sanitary drainage to create a safety and/or
health hazard to persons and/or property by reason of inadequate and/or
improper construction, or maintenance or manner of discharge.
B.
Roof gutters, drains, or any other system designed and constructed
to transport stormwater to be discharged into any sanitary sewage
system and/or any part thereof.
C.
Any refrigerator, freezer and/or other similar storage chest to be
discarded, abandoned or stored in any place or location that is accessible
to the general public without first completely removing any and all
locking devices and/or doors.
[Ord. 5-04-3, 5/13/2004]
Any occupant of a premises shall be responsible for compliance
with the provisions of this Part with respect to the maintenance of
that part of the premises that he occupies and/or controls in a safe,
sound and/or sanitary condition pursuant to the terms of the contract/agreement
under which he exercises occupancy and/or control thereof.
[Ord. 5-04-3, 5/13/2004]
Owner of premises shall comply with the provisions of this Part
as well as operators and occupants, regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
[Ord. 5-04-3, 5/13/2004]
Upon failure to comply with any terms or conditions of this
Part, the owner and/or occupant shall be notified by the Board of
Supervisors or its authorized representative, by certified mail or
through personal service of said violation or violations. Such notification
shall be in writing and shall identify the premises and shall cite
the specific violation or violations, shall direct the owner and/or
occupant to correct the deficiency and/or deficiencies within a specified
period from the receipt of such notice, and shall inform the owner
and/or occupant of the fines and penalties that would accrue for the
failure to comply. The notice shall also advise that, in lieu of or
in addition to fines and penalties, and subsequent to the time period
for voluntary compliance, the Township 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. In the event the owner and/or occupant
cannot be ascertained or is not able to be located, a notice containing
the above required information in summary form shall be published
once in each of two consecutive weeks in a newspaper of general circulation
in the Township, advising of the existence of the violation and requiring
correction thereof in accordance with the terms and conditions herein
established; detailed notice thereof shall be posted on the subject
premises and at the Township office.
[Ord. 5-04-3, 5/13/2004]
If the premises are owned by more than one owner, each owner
shall jointly and severally be subject to prosecution for the violation
of this Part.
[Ord. 5-04-3, 5/13/2004]
The Board of Supervisors or their authorized representative
may enter onto premises for the purpose of inspection of any and all
premises, properties, buildings and/or structures located within the
Township for ascertaining the existence of violations. In those matters
where the nature of the 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 thereof.
[Ord. 5-04-3, 5/13/2004]
The Penns Valley Code Enforcement Agency or any other duly authorized
agent shall have the power and duty to enforce the provisions of this
Part.
[Ord. 5-04-3, 5/13/2004; as amended by A.O.]
Any person who fails to alleviate any deficiency related to any provision of this Part or any order of Gregg Township issued pursuant to this Part, after notice is given as described in § 4-217 of this Part, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
