[Ord. 39-2018, passed 10-17-2018]
Lack of maintenance of properties, littering, improper storage of trash and rubbish, storage of inoperable/nonregistered vehicles, vendor operations without permits, high grass and weeds, graffiti 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 City, which reduces business and tax revenue, inhibiting economic development. The quality of life and community pride of the citizens of Erie are negatively impacted by the occurrences and existence of these activities. Recognizing these are community problems, the purpose of this ordinance is to promote the health, safety and general welfare of the City by helping to create and sustain a clean, healthy living environment for the citizens of Erie.
[Ord. 39-2018, passed 10-17-2018]
(a)
The following words, terms, and phrases, when used in this article, shall be defined as follows, unless context clearly indicates otherwise:
(1)
ACCESSORY STRUCTURE — A structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure.
(2)
CITY — The word "City" as used herein shall mean the City of Erie, Pennsylvania.
(3)
COMMERCIAL VEHICLE — A motor vehicle that has a gross vehicle weight of greater than 3,000 pounds and is primarily used for business purposes, including, but not limited to, making service calls, transporting equipment used in a business or in accomplishing physical work as part of a business (such as hauling material).
A.
All buses transporting or authorized to transport passengers for pay or hire, except a bus or buses whose principal route is located within the City.
B.
All trucks, trailers, or semitrailers transporting or authorized to transport property of any kind and all other vehicles designated or operated for the transportation of property.
(4)
CURB — An edging of concrete, asphalt, sandstone or granite built along a street to form a part of a gutter.
(5)
DANGEROUS TREES — Any tree that is considered dangerous and unsafe to the public by the City Arborist, due to overgrowth, disease, instability, infestation, harmful insects or a dead tree.
(6)
DEBRIS — 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.
(7)
DUMPING — Includes, but is not limited to, 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 by law.
(8)
DWELLING — Any building or portion thereof which is designed for or used for residential purposes. The word "Dwelling" shall not include hotels, motels, or other structures used for transient residence.
(9)
FALSE FIRE ALARM — An alarm to which the Fire and/or Police Department responds resulting from the activation of an alarm device when a crime, fire, or other emergency warranting immediate action by the Fire and/or Police Department has not in fact occurred.
(10)
GARBAGE — All waste material derived in whole or in part from the meat of any animal or other animal material, and other refuse of any character whatsoever that has been associated with any such material, resulting from the handling, preparation, cooking, or consumption of food.
(11)
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:
A.
Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating illness.
B.
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed.
(12)
HOUSEHOLDS — Includes without limitation single and multiple family dwellings and structures, hotels, motels, bunkhouses, ranger stations, campgrounds, picnic grounds and daily-use recreation areas.
(13)
INDOOR FURNITURE — Any and all pieces of furniture which are made exclusively for use inside a building or house, including, but not limited to, upholstered chairs and sofas, mattresses, dressers, tables, etc.
(14)
LICENSE — A certificate or other document that confers permission to engage in certain acts and/or conduct that would otherwise be unlawful or prohibited.
(15)
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.
(16)
LOCAL RESPONSIBLE AGENT — Any person residing or working within the City of Erie designated to accept service on behalf of a legal owner or operator of a business or dwelling.
(17)
LOT — A parcel of land abutting a public street.
(18)
MOBILE VENDOR — Any person engaged in the selling, or offering for sale, of food, beverages, goods and/or services from his person or from a vehicle or stand that is intended to be temporary, or is capable of being moved from one location to another, whether the person, vehicle, or stand is located within or on the premises of the City, including without limitation, public streets, parks, sidewalks, alley ways, rights-of-way, etc.
(19)
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.
(20)
MOTOR VEHICLE NUISANCE — A motor vehicle with one or more of the following defects:
A.
Broken windshields, mirrors, or other glass, with sharp edges.
B.
Broken headlamps, tail lamps, bumpers, or grills with sharp edges.
C.
Any body parts, truck, firewall, or floorboards with sharp edges or large holes resulting from rust.
D.
Protruding sharp objects from the chassis.
E.
Missing doors, windows, hood, trunks, or other body parts that could permit animal harborage.
F.
One or more open tires or tubes which could permit animal harborage.
G.
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.
H.
Any excessive fluids leaking from the vehicle which may be harmful to the public or the environment.
I.
Disassembled body or chassis parts stored in, on or about the vehicle.
J.
Vehicles that do not display a current, valid license and registration.
K.
Such other defects which the Fire Department determines to be a danger to the general public or property.
L.
Motor vehicles parked, drifted, or otherwise located which may interfere with flow of pedestrian or automobile traffic or impede snow removal and/or emergency efforts.
(21)
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 any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial, or institutional water supply treatment plant or air pollution control facility. The term does not include source-separated recyclable materials or organic waste.
(22)
NOTICE OF VIOLATION — A written document issued to a person in violation of a City ordinance which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.
(23)
NUISANCE — Any condition, structure, or improvement which constitutes a danger or potential danger to and/or interferes with the health, safety, or general welfare of citizens of the City, or causes a blighting effect in City neighborhoods. See also "public nuisance".
(24)
OBSTRUCTION — Any merchandise, vehicle, structure, material, condition or other thing that impedes or prevents passage or progress, or creates an obstacle or blockage, in the public right-of-way.
(25)
PEDDLER — Includes any person, whether or not a resident of the City, traveling by foot, wagon, motor vehicle or any other type of conveyance, from place to place, house to house or street to street, carrying, conveying or transporting goods, merchandise, food or beverages, offering and exposing the same for sale, or making sales and delivering articles for purchasers, or who, without traveling, shall sell or offer the same for sale.
(26)
PERMIT — A license or other document issued by a Public Officer or agency to allow a person, business, firm, partnership, corporation, agency or entity to perform certain acts.
(27)
PERSON — Includes the singular and plural and shall mean and include any natural person, firm, corporation, partnership, business trust, other association, estate, trust, foundation or institution. The term also includes the governing authority for a county or municipality, and a government entity other than the Commonwealth.
(28)
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.
(29)
PUBLIC NUISANCE — Any condition or premises which are unsafe, unsanitary and/or disruptive to the health, safety, or general welfare of citizens of the City of Erie.
(30)
PUBLIC OFFICER — Any police officer, code enforcement officer, building code official, authorized inspector, public official and/or employee designated by the Mayor or the City to enforce Federal, State and/or City laws, rules, regulations and/or ordinances.
(31)
PUBLIC RIGHTS-OF-WAY — The surface and the area across, in, over, along, under, and upon the public streets, roads, lanes, avenues, alleys, sidewalks, bridges, highways and other rights-of-way, as the same now or may thereafter exist, including curb and gutter areas and all other property over which the City has a utility easement or right-of-way, which are under the jurisdiction of the City.
(32)
RECYCLABLE MATERIAL — Material which would otherwise become municipal waste, but are able to be collected, separated, or processed, and returned to the economic mainstream in the form of raw materials or products. These materials may include, but are not be limited to, aluminum cans, ferrous and bi-metal containers, glass containers, plastic bottles and containers, paper, magazines and periodicals, newspapers, leaf waste, grass clippings, white goods, major appliances, televisions, and large auto parts.
(33)
RESIDENTIAL DISTRICT — An area within the City of Erie designated primarily for dwellings and the uses normally associated with residential neighborhoods.
(34)
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.
(35)
RUBBISH — Combustible and noncombustible waste materials, except garbage; the term shall include the 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.
(36)
RUN AT LARGE — For purposes of this Ordinance, "run at large" shall mean any animal when it is off the property of the owner and not under restraint of any competent person.
(37)
SIDEWALK — Any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
(38)
SIDEWALK AREA — The portion of the right-of-way between the property line and curbline or the established edge of the roadway that is reserved for sidewalks.
(39)
SOLID WASTE — Any waste, including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid, or contained gaseous materials.
(40)
STORAGE — The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste, and it shall be presumed that the containment of any municipal waste in excess of three months constitutes disposal.
(41)
STRUCTURE — Anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including, in addition to buildings, billboards, carports, porches, swimming pools, and other building features, but not including sidewalks, drives, fences and porches without a roof or enclosed sides.
(42)
TRACTOR OF A TRACTOR-TRAILER — A truck with a minimum of three axles that is primarily intended to pull a trailer, as defined below, and not primarily to carry goods itself.
(43)
TRAILER OF A TRACTOR-TRAILER — A piece of equipment with a length of 20 feet or more that is intended to be drawn by a tractor, as defined above, and is designed to haul cargo, materials, vehicles, goods, gases or liquids, and that is not a "recreational vehicle". It is also referred to as a "semitrailer".
(44)
VEGETATION — Any planting that is cultivated and managed for edible or ornamental purposes, such as vegetable gardens, trees, shrubs, hedges, flowers, etc.
(45)
VIOLATION TICKET — A form issued by a public officer to a person who violates a provision of this Ordinance. The violation ticket is an offer by the City of Erie extended to a person to settle a violation by paying the fine in lieu of a citation being issued against the violator.
(46)
WEEDS — All grasses, annual plants, and vegetation. Weeds shall not include cultivated flowers, gardens, trees and shrubs.
(47)
YARD — An open, unoccupied space that lies between the principal building or buildings and the lot line(s).
[Ord. 39-2018, passed 10-17-2018]
Quality-of-life violations are as follows:
| QOL-1. 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. | ||
| QOL-2. Animal Maintenance and Waste/Feces Cleanup. It shall be prohibited for any person owning, harboring, keeping or in charge of any animal to cause, suffer or allow any such animal to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, by pass, play area, park or any place where people congregate or walk, or any public property whatsoever, nor on any private property without permission of the owner of such property. All dog owners shall immediately remove any feces deposited by the owner's animal upon the public ways or property aforesaid and dispose of such fecal matter in a proper and sanitary manner. | ||
| QOL-3. Disposal of Rubbish or Garbage/Dumping. Improper or unauthorized disposal of rubbish or garbage or dumping or disposing of rubbish or garbage on private, vacant, unoccupied, or other property. | ||
| QOL-4. High Weeds, Grass, or Plant Growth. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. | ||
| QOL-5. Littering or Scattering Rubbish. It shall be prohibited for any person to cause or permit to be deposited any litter or rubbish upon or in any public street, alley, vacant lot or other public places in the City. | ||
| QOL-6. Ownership Presumption of Waste, Trash and/or Recyclables for Illegal Dumping/Hauling. It shall be the responsibility of every owner and/or occupant of any land and/or real property to dispose of their waste, trash, or recyclables in a proper manner. Any person or business who is unable to show proof that they have legally disposed of any waste, trash, or recyclables will be in violation of this Part. Should any person or business use an unlicensed hauler to dispose of their waste, trash, or recyclables, said person or business shall be in violation of this Part. Upon reasonable request by a public officer, any owner or occupant must show proof of their appropriate trash and/or recyclable hauler. Any waste, trash, or recyclables found within a municipal waste container, recycling container, garbage bag or loose trash/waste displaying the name and/or address of a person and/or persons, that trash or waste shall be presumed to be the property of such person and/or persons. It shall be unlawful for any person, business, partnership, or entity to remove or haul waste, trash or recyclables without proper approval or license. Any waste, trash, or recyclables found not to be disposed of in accordance with this Ordinance, will be in violation of this Ordinance. | ||
| QOL-7. Placement or Littering by Private Advertising Matter. It shall be prohibited for any person, corporation, partnership, firm, association, or other entity, its agents, servants, employees or representatives to cast, place, sweep, or dispose of in the streets of the City, or upon pavements, sidewalks, rights-of-way, yards or upon the porches of any dwelling or other outbuilding within the City, litter, handbills, circulars, or private advertising matter without lawful authority, license, consent, express or implied by the property owner, occupant, or the City. No person, corporation, partnership, firm, association or other entity, its agents, servants, employees or representatives, other than the owner, shall affix or attach to the doors, walls, windows, columns, trusses, railings, gates, fences, lamp posts, decorative fixtures of any kind or any other part of any dwelling or any outbuilding within the City, any papers, advertisements, handbills, circulars, wastepapers or samples of any description, without lawful authority or consent, express or implied from the owner. Nothing herein contained shall be held to apply to newspapers, mailed matter or addressed envelopes, or signs indicating the availability of property for sale or rent. | ||
| QOL-8. Defacement of Property. No person shall willfully, wantonly or maliciously damage, mutilate, destroy or deface any fountains, fixtures, statues or embankments on private property or property of the City, nor shall any person willfully, wantonly or maliciously damage, mutilate, destroy or deface any exterior surface of any structure or building on private property or property of the City by placing thereon any markings, carving or graffiti. No person shall willfully, wantonly or maliciously damage, mutilate, destroy or deface any fruit, shade, or ornamental tree, shrub, or flower on private property or property of the City. | ||
| QOL-9. Storage Containers for Waste or Trash. | ||
| (a) | It shall be the duty of every owner, tenant, occupant or other householder of a residential property, or apartment within a residential building of four units or less, to provide and keep, or cause to be provided and kept, receptacles for holding refuse as provided in this Part. | |
| (b) | Each container shall be a rigid container, constructed of rust-resistant metal or plastic, shall be watertight, shall contain not less than three nor more than 35 gallons, and shall be provided with outside handles and a tight fitting cover. The cover shall not be removed except for the deposit or removal of refuse. | |
| (c) | All householders shall drain garbage or other residential refuse of all liquids, and place it in paper or plastic bags, which shall be stored in the container previously described until the designated day of refuse collection. | |
| (d) | On the designated weekly collection day, all householders shall deposit at the curbside or edge of the street either the container containing securely bagged refuse, or securely bagged refuse itself. Each householder shall make all reasonable efforts to insure that the refuse to be collected does not become waterlogged, or that the bags are not torn or disintegrated before collection. Loose or spilled refuse shall not be collected, and, if left more than one day after the collection day, shall be considered a violation of this Part as well as any other littering or housing ordinance provisions. | |
| (e) | All containers shall be stored at the side or rear of every property so said containers are not visible from the public rights-of-way. | |
| (f) | All owners, tenants, occupants and/or leaseholders shall place curbside or at the edge of the street no more than 24 hours before the designated weekly collection day their waste or trash in either containers containing securely bagged refuse, or securely bagged refuse itself. | |
| (g) | All containers shall be returned to the side or rear of any property before daybreak the day following the designated weekly collection day. Loose or spilled waste or trash will not be collected, and, if left more than one day after the designated weekly collection day, shall be considered a violation of QOL-1, QOL-3, and QOL-5. | |
| QOL-10. Temporary Dumpster Permit Required. Each temporary dumpster, whether placed on private property, in a public right-of-way, or on any other property of the City, shall obtain prior approval by the City of Erie. | ||
| QOL-11. Outside Placement of Indoor Appliances/Furniture. It shall be 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 in said property. | ||
| QOL-12. Storing or Discarding of Appliances. Refrigerators and similar equipment, including, but not limited to, washers, dryers, dishwashers, and ranges not in operation, shall not be discarded, stored and/or abandoned on any premises without first removing the doors. | ||
| QOL-13. Storing and Keeping of Hazardous Materials. It shall be prohibited 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 stored in compliance with all applicable Building, Zoning and BOCA Fire Prevention Codes. | ||
| QOL-14. Storing and Keeping of Recyclable Materials. It shall be the responsibility of the owner, occupant, tenant and/or leaseholder of all residential, commercial and/or industrial property within the City to ensure storage, collection, and disposal of all recyclable materials from their property in such a manner not cause or create a public nuisance. Storage of recyclable materials shall be permitted in approved containers and translucent blue or clear LDPE or HDPE/LDPE mix recyclable plastic bags. All containers used to store recyclable materials shall be rigid, durable, watertight and made of metal or plastic. All containers must have tight-fitting covers and shall be kept clean and odor free. All containers and/or plastic bags containing recyclable materials shall be stored at the side or rear of every property so said containers or bags are not visible from the public rights-of-way. All owners, tenants, and/or occupants of residential, commercial and/or industrial property shall place curbside or at the edge of the street their recyclable materials no more than 24 hours before the designated weekly recyclable collection day. All containers shall be returned to the side or rear of any property before daybreak the day following the designated weekly recyclable collection day. Loose or spilled recyclable materials will not be collected, and, if left more than one day after the designated weekly recyclable collection day, shall be considered a violation of QOL-1, QOL-3, and QOL-5. | ||
| QOL-15. Prohibited Occupancy. Any dwelling, building, structure, machine or equipment which is condemned shall not be occupied or operated. | ||
| QOL-16. Accessory Structures. All accessory structures, including detached garages, sheds, fences, and walls shall be maintained in good repair and structurally sound. | ||
| QOL-17. Swimming Pools. | ||
| (a) | Swimming pools, hot tubs and/or spas which is accessory to one- or two- family dwellings shall be maintained in good repair and comply with the following: | |
| (1) | Chapter 41 of the "International Residential Code". | |
| (2) | Appendix G of the "International Residential Code". | |
| (3) | Section 2406.2, Paragraph 9 of the International Building Code (Glazing in Walls and Fences Enclosing Indoor and Outdoor Swimming Pools, Hot Tubs, and Spas). | |
| (4) | Section 3109.4 of the International Building Code (Residential Swimming Pool Enclosures). | |
| (b) | A swimming pool not accessory to a one- or two- family dwelling shall comply with this Chapter. The American National Standards for Public Pools issues by ANSI and NSPI (ANSI/NSPI-1 1991) and The Public Bathing Law (35 P.S. §§ 672-680(d)). | |
| (c) | A hot tub or spa that is not accessory to a one- or two-family dwelling shall comply with this Part and the "American National Standards for Public Spas" issued by ANSI and NSPI (ANSI/NSPI-2 1999). | |
| QOL-18. Shrubs and Bushes. Shrubs and bushes on all premises and exterior property shall be maintained and kept in good order. | ||
| QOL-19. Dangerous Trees. The owner of any property shall, at the owner's expense, remove any dangerous tree within 10 calendar days within receipt of the City Arborist's declaration. | ||
| QOL-20. Snow and Ice Removal from Sidewalks. | ||
| (a) | It shall be the duty of the occupant of any dwelling, tenement, store, storehouse, shop, garage, factory or other building fronting on any paved or unpaved sidewalk in any public street or around the public parks in the City, and of the person having the charge or care of any church, schoolhouse or any public building situate as aforesaid, to remove or cause to be removed all snow, ice or sleet from the sidewalk, whether paved or unpaved, in front of the respective premises within three hours after the same shall have ceased to fall or form thereon, unless such ice or snow is so hardened or frozen that it cannot be removed without injury to the sidewalk, in which case the walk shall be kept sprinkled with sand or sawdust to make the surface of the sidewalk safe, but the ice must be removed as soon as it is possible to do so. When a building has two or more occupants, the duty of cleaning the sidewalks, as aforesaid, shall devolve upon the occupant of the ground floor. If such ground floor occupants number two or more, each such occupant shall clean the sidewalk immediately in front of his respective portions of the building, together with one-half of the space, if any, intervening between such portion and that of the next adjoining occupant. Occupants of corner buildings shall clean the sidewalk in front thereof, and also on the sides for the distance back from the corner their occupancy may extend. Sidewalks in front of and at the side of vacant lots or vacant buildings shall be cleaned as aforesaid by the owners of such vacant lots or buildings. When the owner in any such case is a nonresident, it shall be the duty of the agent of such owner to remove the snow, ice or sleet as aforesaid. In the event of failure, the City will have the snow removed at the expense of the owner of the land. In all cases, the snow, ice or sleet shall, when removed from sidewalks, be thrown toward the outside of the sidewalk and into the roadway. | |
| (b) | Snow or ice removed from the sidewalk or sidewalk area may be deposited into the street or roadway, however, it shall be prohibited for any snow or ice removed from private property or driveways to be deposited into the streets or roadways of the City. | |
| (c) | The occupant of said property must create a path, free from snow and ice, of three feet on/over the sidewalk or sidewalk area. | |
| QOL-21. Motor Vehicles. It shall be prohibited for any person to park, keep or store more than one inoperable or unlicensed motor vehicle on any premises. No motor vehicle shall at any time be a nuisance, in a state of major disassembly or disrepair, or in the process of being stripped or dismantled. No owner or occupant of property shall permit a motor vehicle to be parked upon their property other than on a driveway or parking lot, unless the same be authorized in conjunction with a business properly operated, pursuant to the zoning laws and other laws of the City. | ||
| QOL-22. Commercial Vehicles in a Residential Area. It shall be prohibited for any commercial vehicle to be stored or parked on any street, lot or parcel of land in a residential district for a period of time in excess of two hours, except for vehicles of service companies, contractors, repairmen or those actually engaged in working operations in the vicinity during the actual period in which work is being performed. An exception will be made of no more than one truck (pick-up, flat bed, or panel delivery) provided its primary purpose is for the occupant to travel to/from work. Non-conforming commercial uses within a residential district are exempt from this part. | ||
| QOL-23. Vehicle Repairs/Maintenance in a Residential District. It shall be prohibited for any person to operate repairs for profit in residential districts. This would include vehicles not owned by the property occupant and repairs or storage on a City street. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Non-conforming commercial uses within a residential district are exempt from this Part. | ||
| QOL-24. Illegal Signs/Billboards. It shall be prohibited for any person or business to construct and/or display a sign and/or advertisement without the appropriate approval and/or permit, except as such may be authorized or required by the laws of the United States or the State, and the ordinances, rules and regulations of the City. | ||
| QOL-25. Working without a Permit. It shall be prohibited for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the City unless an approved building permit has been obtained from the Building Permit Officer. | ||
| QOL-26. Working without a License. It shall be prohibited for any person, business, firm, partnership, corporation or entity to perform or undertake any construction-related work within the City without first having obtained all necessary and appropriate permits and/or licenses from the Bureau of Code Enforcement. | ||
| QOL-27. Violating the terms of any vending license. It shall be prohibited for any person, business, partnership, corporation or entity to violate, or operate while in violation of, any terms and/or condition, in whole or in part, of any vending license. | ||
| QOL-28. Operating a Food Cart Illegally. It shall be prohibited within the City to operate any food cart, station and/or stand without first having obtained the proper license, permit and/or inspection. It shall be prohibited to operate any food cart, stand, and/or station while any portion thereof is inoperable. | ||
| QOL-29. Operating as a Peddler or Mobile Vendor without a Valid License. It shall be prohibited within the City for any person, business, firm or corporation to engage in the business of peddler or mobile vendor without first having obtained a license. | ||
| QOL-30. Smoke Detectors. Smoke alarms must be installed and maintained in accordance with the manufacturer's specifications in all occupied dwellings and structures in the City of Erie. | ||
| QOL-31. Illegal Burning. It shall be prohibited for any person to kindle or maintain any bonfire or rubbish fire, or authorize the same, without first obtaining a permit from the City or other proper authorization. When properly authorized, bonfires shall not be kindled or maintained outside private property lines. No person shall be permitted to burn garbage, recyclable materials, leaf waste or grass clippings at any time within the City. During construction or demolition of a building or structure no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity without having first obtained a permit or other proper authorization. Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous. Open burning shall also be prohibited when winds are gusting to or sustained at 10 mph. Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906[1] with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. Residents are permitted to bum only dry "seasoned" firewood in approved containers such as a metal or masonry fire ring, portable outdoor fireplace, or chiminea. Hand-dug fire pits, burn barrels, or containers not normally used for recreational fires are not permitted. Recreational burning shall be permitted between the hours of 5:00 p.m. to 11:00 p.m. on weekdays (Monday through Thursday), 5:00 p.m. until 12:00 midnight on weekends (Friday through Sunday) and federally observed holidays. [Amended by Ord. No. 22-2021, passed 4-21-2021] | ||
| QOL-32. Fire Hydrants. It shall be prohibited for any person to block, obstruct, or prevent access to any fire hydrant in any manner. A three-foot clear space shall be maintained around the circumference of any fire hydrant. Vehicles shall not be parked less than 15 feet from any fire hydrant. | ||
| QOL-33. Fire Lanes. It shall be prohibited for any non-emergency vehicle to block, obstruct and/or park within a fire lane in the City of Erie. | ||
| QOL-34. False Alarm. It shall be prohibited for any person to intentionally create or in any manner aid, abet, instigate or encourage any false fire alarm in the City. | ||
| QOL-35. Obstruction of Public Rights-of-Way. It shall be prohibited to cause, create, place, keep, maintain or allow any merchandise, vehicle, structure, material, condition or any other thing that blocks, obstructs and/or prevents passage or progress in the public right-of-way; including streets, driveways, alleys and sidewalk areas. | ||
| QOL-36. Water Discharge to Right-of-Way or Neighboring Properties. It shall be prohibited to discharge water from roofs and paved areas, yards and courts, and other open areas in a manner that creates a public nuisance. Water runoff shall be diverted away from neighboring properties, public sidewalks, alleys and streets. | ||
| QOL-37. Broken or Hazardous Sidewalk Surfaces. It shall be the duty of all property owners abutting public streets to, at the owner's expense, construct and maintain sidewalks in front of and/or adjoining their respective lot or parcel of land, and to keep the same in good and safe condition for the use of pedestrians. | ||
| QOL-38. Unpermitted Driveway or Curb Cut. It shall be prohibited for any person to begin to construct, reconstruct, establish any driveway or driveway apron over, across or upon any portion of the public sidewalk, or shall cut or alter any curb on any street in the City without first having obtained a Permit from the City Engineer. | ||
| QOL-39. Unpermitted Excavation in Rights-of-Way. It shall be prohibited for any person, firm, business or corporation to enter upon or occupy any public right-of-way for the purpose of excavating or opening in or under any public right-of-way without first having obtained a permit from the City. | ||
| QOL-40. Unpermitted Sewer Connection. It shall be prohibited for any person to make or attempt to make a connection with any public sewer, sanitary, storm or combination thereof, for any purpose whatsoever, without first having obtained a permit from the City. | ||
| QOL-41. Proper Animal Restraint. The owner shall keep his animal under restraint at all times and shall not permit such animal to run at large in the City. On property of the owner, custodian or keeper, an animal shall be kept, controlled or restrained in such a manner as to prevent such animal from attacking or threatening letter carriers, delivery persons and/or any other person legally entering the owner's premises or utilizing the sidewalk or public rights-of-way. | ||
[1]
Editor's Note: Refers to Section 906, Portable Fire Extinguishers, of the International Fire Code.
[Ord. 39-2018, passed 10-17-2018]
Upon finding a quality-of-life violation, any public officer, as previously defined herein, may issue quality-of-life violation ticket(s) to the owner and/or occupant of the property at issue or to the individual(s) known to have violated this Ordinance.
[Ord. 39-2018, passed 10-17-2018]
[Ord. 39-2018, passed 10-17-2018]
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 Local Responsible Agent or to the person for the time being in charge thereof, or by mailing the Notice to the violator's last known address of record.
[Ord. 39-2018, passed 10-17-2018]
Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed.
[Ord. 39-2018, passed 10-17-2018]
(a)
Any person or business violating this Ordinance is hereby directed to satisfy the City of Erie 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 City Code Enforcement Officer in order that the City shall be compensated for both direct and indirect costs and expenses incurred.
(b)
The City of Erie and/or its contractor, per the direction of the City, reserves the right to abate the violation in question at the expense of the owner. If the City has effected the abatement of the violation, the total cost thereof, to include hourly wages and all items and materials used, 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.
(c)
In all instances where the City abates the violation, in addition to the fine set forth in the quality-of-life ticket, the City 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 Code Enforcement Officer and the rules and regulations.
(d)
City of Erie cleanup. The City reserves the right to perform any necessary work to abate any violation once 48 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 City reserves the right to perform the abatement immediately. The City will perform this work at a rate of $75 per hour, per man, and forward the cost of any material necessary for the abatement. The City reserves the right to charge an additional 20% on all material purchases to cover all miscellaneous expenses, such as wear and tear on equipment.
(e)
Contractor cleanup. The City reserves the right to direct a contractor to perform the abatement of the violation in question once 48 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 City reserves the right to direct the contractor to perform the abatement immediately. The contractor will submit a bill for its work to the City of Erie, and the City will forward these costs to the violator. The City reserves the right to add a 30% processing fee in addition to the cost of the contractor.
[Ord. 39-2018, passed 10-17-2018]
(a)
Any person who violates this Ordinance shall pay a fine as set forth herein for each offense, plus all direct and indirect costs incurred by the City for the cleanup and abatement of the violation.
[Amended by Ord. No. 22-2021, passed 4-21-2021; Ord. No. 24-2023, passed 5-17-2023]
| Ordinance | Description | Penalty |
|---|---|---|
| QOL-1 | Accumulation of rubbish or garbage | $100 |
| QOL-2 | Animal maintenance and waste/feces cleanup | $100 |
| QOL-3 | Disposal of rubbish or garbage/dumping | $100 |
| QOL-4 | High weeds, grass, or plant growth | $100 |
| QOL-5 | Littering or scattering rubbish | $100 |
| QOL-6 | Ownership presumption of waste, trash and/or recyclables for illegal dumping/hauling | $100 |
| QOL-7 | Placement or littering by private advertising matter | $100 |
| QOL-8 | Defacement of property | $100 |
| QOL-9 | Storage containers for waste or trash | $100 |
| QOL-10 | Temporary dumpster permit required | $100 |
| QOL-11 | Outside placement of indoor appliances/furniture | $100 |
| QOL-12 | Storing or discarding of appliances | $100 |
| QOL-13 | Storing and keeping of hazardous materials | $100 |
| QOL-14 | Storing and keeping of recyclable materials | $100 |
| QOL-15 | Prohibited occupancy | $200 |
| QOL-16 | Accessory structures | $100 |
| QOL-17 | Swimming pools | $100 |
| QOL-18 | Shrubs and bushes | $100 |
| QOL-19 | Dangerous trees | $100 |
| QOL-20 | Snow and ice removal from sidewalks | $100 |
| QOL-21 | Motor vehicles | $100 |
| QOL-22 | Commercial vehicles in a residential area | $100 |
| QOL-23 | Vehicle repairs/maintenance in a residential district | $100 |
| QOL-24 | Illegal signs/boards | $100 |
| QOL-25 | Working without a permit | $100 |
| QOL-26 | Working without a license | $100 |
| QOL-27 | Violating the terms of any vending license | $100 |
| QOL-28 | Operating a food cart illegally | $100 |
| QOL-29 | Operating a peddler or mobile vendor without a valid license | $100 |
| QOL-30 | Smoke detectors | $100 |
| QOL-31 | Illegal burning | |
| First offense | $25 | |
| Second offense | $50 | |
| Third offense | $100 | |
| QOL-32 | Fire hydrants | $100 |
| QOL-33 | Fire lanes | $100 |
| QOL-34 | False alarm | $100 |
| QOL-35 | Obstruction of public rights-of-way | $100 |
| QOL-36 | Water discharge to right-of-way or neighboring properties | $100 |
| QOL-37 | Broken or hazardous sidewalk surfaces | $100 |
| QOL-38 | Unpermitted driveway or curb cut | $100 |
| QOL-39 | Unpermitted excavation in rights-of-way | $100 |
| QOL-40 | Unpermitted sewer connection | $100 |
| QOL-41 | Proper animal restraint | $100 |
(b)
Failure of the person to make payment within 10 days of the date of service of a Violation Ticket shall result in the filing of a citation with the Magisterial District Judge.
(c)
If violations are continuous or egregious, code officials have the right to issue citations without first issuing tickets, provided notice has been given.
[Ord. 39-2018, passed 10-17-2018]
Any person, firm, business or corporation who shall fail, neglect, or refuse to comply with any of the terms or provisions of this Ordinance, or of any regulation or requirement pursuant hereto and authorized hereby, shall, upon conviction before the Magisterial District Judge, be ordered to pay a fine of not less than $300 and not more than $1,000 for each offense, or imprisoned no more than 90 days, or both.
[Ord. 39-2018, passed 10-17-2018]
The Magisterial District Judge may order the violator to make restitution where appropriate, to pay the City's costs of collection/citation proceedings, and to pay the City's reasonable attorneys' fees associated with the prosecution of the same.
[Ord. 39-2018, passed 10-17-2018]
(a)
All relevant ordinances, regulations, and policies of the City of Erie, Pennsylvania, not amended shall remain in full force and effect.
(b)
Any ordinance or part of an ordinance conflicting with the provisions of this Ordinance shall be subordinate to this Ordinance to the extent of such conflict, and the language contained in this Ordinance shall control.
[Ord. 39-2018, passed 10-17-2018]
(a)
If any section, clause, provision or portion of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this Ordinance so long as it remains legally enforceable minus the invalid portion.
(b)
The City reserves the right to amend this Ordinance or any portion thereof from time to time as it shall deem advisable in the best interests of the promotion of the purposes and intent of this Ordinance and the effective administration thereof.
