[HISTORY: Adopted by the Borough Council of the Borough of
Irwin 11-8-2017 by Ord. No. 958. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 88.
Brush, grass and weeds — See Ch. 95.
Uniform construction codes — See Ch. 110.
Grading and excavation — See Ch. 140.
Handbills and advertising materials — See Ch. 144.
Littering — See Ch. 158.
Nuisances — See Ch. 169.
Solid waste — See Ch. 212.
Streets and sidewalks — See Ch. 225.
Vehicles and traffic — See Ch. 248.
Zoning — See Ch. 260.
The lack of maintenance of properties, littering, improper storage
of trash and rubbish, storage of inoperable/nonregistered vehicles,
vendor operations without permits and accumulation of snow and ice
are costly problems that cause blight and negatively impact the public
health, safety, and general welfare of the Borough residents and their
guests and contribute to the deterioration of property values and
general disorder in the Borough. 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 Irwin are negatively impacted by the occurrences
and existence of these activities. Recognizing these are community
problems, the purpose of this chapter is to promote the health, safety
and general welfare of the Borough by helping to create a clean environment
for the citizens of Irwin.
The provisions of this chapter shall apply to all existing and
future properties and structures.
The following words, terms and phrases when used in this chapter
shall be defined as follows, unless context clearly indicates otherwise:
Any person 18 years of age or older.
Any material upon the premises that is a residue of structural
demolition or any other material that is not neatly stored, stacked
or piled in such a manner so as not to create a nuisance or become
a harboring place or food supply for insects and rodents.
Includes, but is not limited to, the depositing of litter,
depositing durable goods (refrigerators, washers, dryers, etc.), small
appliances, furniture, carpets, tires, vehicles, vehicle parts and
automotive products and other such municipal waste, hazardous waste,
residual waste and construction or demolition debris on public or
private property, except as authorized.
One or more rooms, including a kitchen or kitchenette and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
Any person who grants a lease or otherwise permits the use
of his real estate or portion thereof for a consideration, monetary
or otherwise.
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, appliances, or motor vehicle seats, vehicle
parts, automotive products, shopping carts, construction or demolition
material, recyclable material, dirt, mud and yard waste that has been
abandoned or improperly discarded, deposited or disposed.
Includes 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.
Any person who lives in or has possession of, or holds an
occupancy interest in a dwelling unit, or any person residing in or
frequenting the premises of the dwelling unit with the actual or implied
permission of the owner or lessee.
Any condition or premises which is unsafe or unsanitary.
Any police officer, the Public Works Director, the Public
Works Superintendent, authorized inspector, or public official designated
by the Mayor and/or Borough Council to enforce the Borough ordinances.
Includes material which would otherwise become municipal
waste, which can be collected, separated or processed, and returned
to the economic mainstream in the form of raw materials or products.
Such materials may include, but not be limited to, aluminum cans,
ferrous and bimetal cans, glass containers, plastic bottles and containers,
and paper.
The total width of any land used, reserved or dedicated as
a street, alley, driveway, sidewalk or utility easement, including
curb and gutter areas.
That person (or persons) who has the use of real estate of
a landlord and is responsible for the giving of any type of consideration
therefor, but excluding those who are tenants for a period of less
than 30 days.
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 include animal waste, including without
limitation all feces, from domesticated animals, including dogs. The
term does not include source-separated recyclable materials.
The following shall be considered quality-of-life violations.
Any violation of any standard provided herein shall constitute a quality
of life violation.
A.
Accumulation of rubbish, garbage, junk or litter.
(1)
All exterior property and premises, and the interior of every structure,
shall be kept free from any accumulation of waste, trash, litter,
rubbish, debris or garbage.
(2)
It is prohibited to store or place any/all items designed for interior use, appliances or furniture, including, but not limited to, ranges, refrigerators, air conditioners, ovens, washers, dryers, microwaves, TVs, computers or electronic components, dishwashers, mattresses, recliners, sofas, interior chairs, interior tables, or any other items of indoor furniture on the exterior of any property for the purpose of sale or any other reason, except for the temporary purposes of keeping the item on the exterior of the property for a period of less than 24 hours for the purpose of maintaining or repairing the item, removing the item from the real property, or pursuant to Irwin Code §§ 260-15E and 260-61.
(3)
Refrigerators and similar equipment, including, but not limited to, washers, dryers, dishwashers and ranges not in operation shall not be discarded, stored or abandoned on any premises without first removing the doors. To that extent that the item is outdoors, it may not be outdoors for longer than 24 hours, as provided in § 192-4A(2) herein.
B.
Storing of hazardous material. It shall be unlawful for any person,
business or entity to store combustible, flammable, explosive or other
hazardous materials, including, but not limited to, paints, volatile
oils and cleaning fluids or combustible rubbish, including, but not
limited to, wastepaper, boxes or rags, unless the storage of said
materials is in compliance with the applicable fire and/or building
codes and at least 10 feet away from the public right-of-way.
C.
Storing of recyclables. Storage of recyclables is only permitted
in approved containers which must be kept clean and sanitary at all
times.
E.
Littering, scattering rubbish or dumping.
(1)
No person shall throw, dump, place, sweep or dispose of any litter,
waste, trash, garbage, tobacco product or rubbish upon any public
sidewalk, alley, street, bridge, public passageway, public parking
area, right-of-way or any public property.
(2)
The improper disposal of rubbish or garbage or dumping or the disposing
of rubbish or garbage on vacant, unoccupied, or other property is
prohibited.
G.
Placement or littering by private advertising matter.
(1)
No person shall throw, place, sweep or dispose of private advertising
material upon any public sidewalk, alley, street, bridge, public passageway,
public parking area, right-of-way or any public property.
(2)
No person, group, organization or entity will hang, place or advertise
on any public property in any manner.
(3)
No person, group, organization or entity will hang, place or advertise
on any property that they do not have any ownership rights to without
written approval of said owner.
I.
Insects or vermin. Infestation of insects or vermin shall not be
allowed to continue, and the owner or occupant of any infested property
shall report same to the Code Enforcement Officer of the Borough and
take appropriate steps to abate said infestation without unnecessary
delay. Failing to do so is a violation.
J.
High weeds, grass, plant growth or standing water. All premises and exterior property shall be maintained free from weeds, grass or plant growth in excess of seven inches, and water shall not be allowed to stand or accumulate in a manner that would attract insects or vermin. All such plant growth shall otherwise be in compliance with Irwin Code § 95-1, and any violation thereof shall be considered a violation of this part and may also be enforced and ticketed as such.
K.
Snow, ice and vegetation removal from sidewalks. Every owner, tenant,
occupant, lessee, property agent or any other person who is responsible
for any property within the Borough, is required to remove any snow
or ice from their sidewalk pursuant to Borough of Irwin Code Chapter
141,[1] and any violation thereof shall be considered a violation
of this part and may also be enforced and ticketed as such. Snow and
ice shall not be deposited on or within two feet of a fire hydrant
or other fire control or suppression device.
L.
Swimming pools.
(1)
Swimming pools shall be maintained in good repair at all times. They
shall also be kept clean, safe, sanitary, and covered when not in
regular use.
M.
Registration of tenants. It shall be unlawful for a landlord to allow adult tenants or occupants to reside within the Borough of Irwin without registering them with the Borough Manager, pursuant to § 195-3. Any violation of Chapter 195, Article I, shall be considered a violation of this chapter and may also be enforced and ticketed as such.
N.
Permits and approvals.
(1)
It shall be unlawful for an owner, tenant, contractor or any other
person to perform work to a building or structure without a permit,
where permits are required.
(2)
Illegal signs/billboards. No person or business shall construct and display a sign/advertisement without the appropriate approval and permit from the Borough of Irwin, pursuant to Irwin Code Chapter 260, Article XVI. Any violation of Irwin Code Chapter 260, Article XVI, shall be considered a violation of this part and may also be enforced and ticketed as such.
(3)
Excavation, filling and grading. It shall be unlawful for an owner, tenant, contractor or any other person to excavate, fill and/or grade any land unless an appropriate permit has been issued by the Borough Building Permit Officer. Any violation of Irwin Code Chapter 140 shall be considered a violation of this part and may also be enforced and ticketed as such.
O.
Property maintenance.
(1)
Accessory structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound,
in good repair, and in compliance with the Borough's Property Maintenance
Code.
(2)
Buildings shall have approved address numbers placed in a position
to be plainly legible and visible from the street or road fronting
the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers
shall be a minimum of 4 inches (102 mm) in height with a minimum stroke
width of 0.5 inch (12.7 mm).
(3)
Any violation of the Borough's Property Maintenance Code, adopted
pursuant to Ordinance No. 864 and codified in Irwin Code § 110-1L,
shall be considered a violation of this part and may also be enforced
and ticketed as such.
P.
Trees. All trees growing upon or along any street, alley or sidewalk,
or inside the property line of any lot fronting on any street or alley,
shall not have any growth within 14 feet above any streets and alleys
and 10 feet above any sidewalks.
Upon finding a quality of life violation, any public officer,
including, without limitation, the Code Enforcement Officer, Public
Works Superintendent, Public Works Director and police officers of
the Borough of Irwin, or as otherwise appointed by the Mayor and/or
Borough Council of the Borough of Irwin, may issue quality of life
violation tickets and/or citations to the owner, tenant, landlord,
and/or occupant of the property at issue or to the individual known
to have violated this chapter.
A violation ticket may be served upon a violator by handing
it to the violator or his/her agent, by handing it to an adult member
of the household or other person in charge of the residence, by leaving
or affixing the notice or violation ticket conspicuously on the property
where the violation exists, by handing it at any office or usual place
of business of the violator, or to the person for the time being in
charge thereof, or by mailing the violation ticket by certified restricted
delivery mail to the violator's address.
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate violation ticket
may be issued and fine imposed.
A.
Any person or business violating this chapter is hereby directed
to, upon issuance of a quality of life ticket, correct the violation
in question. Public officers, the Code Enforcement Officer, Public
Works Superintendent, and the Public Works Director are authorized
and empowered to cause a violation to be corrected.
B.
The Borough of Irwin reserves the right to abate the violation in
question at the expense of the owner if the violation is not abated
by the property owner within five business days. Should the violation,
at the discretion of the public officer(s), 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 $60 per hour, per man. The Borough reserves
the right to charge an additional 20% on all material purchases to
cover all miscellaneous expenses, such as administrative costs and
wear and tear on equipment. If the Borough has abated the violation,
the cost thereof may be charged to the owner of the property, tenant,
landlord, or offending party. A bill/invoice will be generated to
the violator for payment separate from the quality of life ticket.
This section shall not limit the Borough's right or ability to abate
as provided for in any other provision of the Borough of Irwin Code
or pursuant to state law.
C.
Contractor cleanup. The Borough reserves the right to direct a contractor
to perform the abatement of the violation once five business days
pass 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 his work to the Borough of Irwin, and the Borough will forward
these costs to the violator. The Borough reserves the right to add
a processing fee, in an amount to be set by Council by way of resolution,
in addition to the cost of the contractor.
[Amended 7-14-2021 by Ord. No. 995]
Any person who violates this chapter 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.
A.
Violation ticket fines. For a violation of this chapter, violation
tickets shall be issued in the successive amounts of $50 for a first
offense, $75 for a second offense, $100 for a third offense, and $150
for a fourth offense. For the purpose of determining whether an offense
is a successive offense permitting increased fines as provided herein,
the offense must be the same and must be committed within 30 days
of the prior offense. Example: If a violation occurs on January 1
and the same violation is observed again on January 29, the January
29 offense shall be considered a second offense subject to a $75 ticket.
The same offense is observed on March 5. The March 5 offense is considered
a first offense subject to a $50 ticket.
B.
Violation ticket penalties. If the person in receipt of a violation
ticket does not pay the fine or appeal the ticket within 15 days of
the issuance of a violation ticket, the person will be subject to
a penalty of $10.
C.
Failure to respond. If a person fails to make payment or appeal the
ticket within 15 days of the issuance of a violation ticket, they
shall be subject to a summary offense citation for failure to pay.
D.
Repeated violations. Upon issuance of four tickets for the same violation,
or the issuance of eight tickets for differing violations in relation
to the same property in one year, the Public Officer can issue a summary
offense citation for the subsequent offenses.
E.
Citation fines. Any person, firm or corporation who shall fail, neglect
or refuse to comply with any of the terms or provisions of this chapter,
or of any regulation or requirement pursuant hereto and authorized
hereby, or pursuant to this chapter is a summary offense citation,
shall, upon conviction, be ordered to pay a fine of not less than
$300 nor more than $1,000 on each offense or be imprisoned no more
than 90 days, or both.
A.
A person in receipt of a violation ticket may appeal to the Borough
Council by filing an appeal request in writing, on a form to be provided
by the Borough and located at the Borough Office, within 15 calendar
days of the date of the issuance of a violation ticket, stating the
reasons for appeal, and accompanied by the appropriate fine amount.
B.
If abatement or other costs were associated with the violation, these
will be posted, along with the appeal.
C.
The appeal will be heard by Borough Council at the same date and
time as the next scheduled public meeting following the filing of
the appeal. The violator may address the Borough Council at this public
meeting prior to the Borough Council voting on the appeal. By majority
vote of the Borough Council, the appeal may be upheld or denied or
the violation ticket and/or any associated costs, fines or penalty
amounts may be modified. Borough Council will issue written notice
of the decision, along with any refunds applicable, within 10 days
of the hearing.
At the discretion of the Borough, all tickets and costs of abatement
for which payment is not received within 45 days of issuance may be
turned over by the Borough to a collections agency for receipt. The
Borough may place liens on properties wherein a nuisance was removed
and abated, pursuant to 53 P.S. § 7101 et seq.
The penalty and collection provisions of this chapter shall
be independent, not mutually exclusive, separate remedies, all of
which shall be available to the Borough as may be deemed appropriate
for carrying out the purposes of this chapter. The remedies and procedures
provided in this chapter 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
Irwin Code or ordinance, whether or not such other code or ordinance
is referenced in this chapter 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 chapter.
Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, that decision
shall not affect the validity of this chapter as a whole or any part
thereof, other than the part so declared to be invalid.
This chapter shall become effective on January 1, 2018.
