[Adopted 5-17-2017 by Ord. No. 5-2017]
This article shall be known as the City of Nanticoke's "Junk
Storage and Anti-Clutter Ordinance."
The following definitions shall apply to this article:
A platform located at and attached to or abutting against
the entrance to a residential building, completely covered by a roof
or enclosed by a fully intact glass and/or fully intact screens. Screens
are framed wire mesh or framed plastic mesh used to prevent intrusion
by insects but permitting air flow.
That part of the property whereby the front of the house
or other residential building faces the public street and encompasses
that open space extending the full width of the lot, the depth of
which is the minimum horizontal distance between the front lot line
and nearest point of the main residential building.
Such storage or accumulation of items which are visible from
any public street, alley or sidewalk or from any adjacent property.
Any individual, corporation, partnership or any other groups
as a unit having a legal or equitable interest in a property, including
the guardian or 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, provided that any ownership right created
by an installment sales agreement or land contract shall be recorded
with the Office of the Recorder of Deeds in and for Luzerne County.
Any individual, partnership, association, corporation or
entity of any other kind, including any tenant or lessee of any real
property.
Any open, unoccupied space, other than a courtyard, unobstructed
from the ground to the sky, on a lot upon which a residential building
is situated.
No person within or upon any property designated for use as
or used for residential purposes situated within the municipal limits
of the City of Nanticoke shall store, collect, park, leave, deposit,
maintain, reserve, put aside for future use, permit or allow to remain
on any porch, deck, balcony, roof, patio, yard or curtilage of any
residential building or structure, other than in a completely enclosed
building or structure, any of the following:
A.
Junk, rubbish, clutter, litter, debris, disabled automobiles, other
motor vehicles or motorized equipment, implements or machinery or
any component parts or accessories thereof, household appliances or
any component parts or accessories thereof.
B.
Lumber or other building materials or equipment, except for those
materials or equipment related to projects for which a current valid
building permit has been issued. Building materials shall include,
but are not necessarily limited to, lumber, bricks, concrete or cinder
blocks, plumbing materials, electrical wiring or equipment, heating
ducts, shingles, mortar, concrete or cement, nails, screws or any
other materials or equipment generally used in construction.
C.
Upholstered furniture, mattresses, materials and other similar products
or secondhand items or goods not normally intended, designed, built
or manufactured for outdoor use unless such is located entirely within
an enclosed porch, balcony, deck or patio attached to the primary
residential building.
The provisions of this article shall not apply to the storage
or placement upon any property of the following materials:
A.
Firewood intended for consumption in a wood-burning stove, furnace,
or indoor fireplace or outdoor patio fireplace located within or outside
a building located upon the subject premises, provided that all such
firewood shall, at all times, be stacked and stored in an appropriate
place, but in no event upon the front porch of any house or other
residential structure.
B.
Lawn, yard, garden or playground tools, ornaments, equipment or implements.
C.
Lawn or patio furniture.
D.
Standing fences.
E.
Hoses or sprinklers used for watering lawns or gardens.
F.
Materials used in connection with commercial activities conducted
upon the premises where such storage, placement and accumulation of
materials have been expressly authorized by the City of Nanticoke.
G.
Construction materials and equipment used for the construction, renovation
or razing of a building located upon the premises for which a current
building or razing permit has been issued.
A.
Enforcement and inspection officer. The enforcement and inspection
officer for purposes of this article shall be the duly appointed Code
Enforcement Officer of the City of Nanticoke. The Code Enforcement
Officer is hereby designated as the City official to whom all complaints
of noncompliance with the provisions of this article shall be directed.
The Code Enforcement Officer is authorized to conduct any and all
reasonable or necessary inspections whether such inspection arises
from 1) a citizen complaint filed with the City or 2) noncompliance
with the provisions of this article as observed by the officer during
the course of any general inspection undertaken of the neighborhood.
The Code Enforcement Officer further is authorized to issue and cause
to be served or mailed written notices to any residential property
owner whose property is deemed by the officer to violate the provisions
of this article. Any such written notice shall specifically identify
all violations arising under this article and the steps necessary
to bring the property into full compliance herewith. Such notices
shall provide the owner of any offending property with 15 days from
acceptance of service or certified receipt of any mailed notice to
bring his property into compliance with this article. Prior to the
issuance of any citation and prosecution for a violation of this article,
the Code Enforcement Officer shall conduct a second inspection to
determine if the offending property has been brought into full compliance
with the provisions of this article.
B.
Citizen complaints. Any person may file a complaint with the City's
Code Enforcement Officer alleging that a violation of this article
has occurred or is occurring. The Code Enforcement Officer shall promptly
investigate all complaints. Following an inspection and upon determining
that a violation of this article has occurred, the Code Enforcement
Officer shall issue a notice of violation and compliance to the accused
violator, and said notice shall either be personally served by the
officer or mailed to the violator by certified mail return receipt
requested. If service can't be achieved via this method, then service
can be accomplished via regular mail, which shall be deemed good service
if not returned within 10 days of mailing or via posting of the premises.
C.
Notice of violation and compliance. The written notice prepared by
the City's Code Enforcement Officer shall contain the following information:
(1)
The name of the titled owner and occupant or tenant, if the occupant
or tenant is different from the titled owner to whom the notice shall
be addressed.
(2)
The address and location of the property in violation.
(3)
A statement setting forth the violations of this article.
(4)
A demand that corrective action be taken by the property owner within
15 days following service or other receipt of the written notice.
(5)
A statement that failure to comply with the notice shall:
(a)
Result in the issuance of a citation and, upon finding of guilt,
the imposition of a fine against the violating property owner; and
(b)
Result in the City's remedy and removal of the violating conditions
on the subject property with the costs thereof, together with a penalty,
subject to collection by the City in an action before the District
Justice or the entry of said costs and penalty as a lien against the
offending property.
(6)
Enclosure of a copy of this article.
D.
Continued violation following violator's service or receipt of written
notice. If any reported violation of this article continues after
service upon or certified mail receipt by the violating property owner
and/or tenant of the violating property of the written notice, or
other method of service provided for above, the Code Enforcement Officer
shall then promptly refer the matter for citation issuance.
A.
Any person, firm or corporation who shall violate any provision of
this code shall, upon conviction thereof in a summary proceeding before
a District Justice, be subject to a fine of not less than $100 nor
more than $300. Each day that the offending condition exists shall
constitute a separate offense.
B.
In addition to the penalties set forth in Subsection A, if any owner fails or refuses to remedy the condition within 15 days following service or other receipt of the written notice, the City, upon the Code Enforcement Officer's confirmation of default by the owner, may cause the condition to be remedied or removed and collect the cost thereof, together with a penalty of 10% of such cost, from the owner by an action before the District Justice. The cost of removal and the penalty may, in the alternative, be entered as a lien against such property in accordance with existing provisions of law. In the exercise of the powers herein conferred, the City may institute proceedings in courts of equity.
All ordinances or parts of ordinances of the City of Nanticoke
in conflict with this article to the extent of such conflict, and
no further, are hereby repealed.
The provisions of this article are severable, and if any section,
sentence, clause, revision, part or other portion hereof shall be
held unconstitutional, illegal, invalid or otherwise ineffective,
the validity of the remaining provisions shall be unaffected thereby.
It is the intention of the Council of the City of Nanticoke that this
article would have been adopted had such unconstitutional, illegal,
invalid, or otherwise ineffective section, sentence clause, or provision,
part or other portion not been included herein.
