This chapter shall be known as the "Easttown Township Property
Maintenance Code."
The purposes of this chapter are to establish minimum standards
of property maintenance to: (1) protect, preserve and promote the
safety, physical and mental health and social well-being of the citizens
of Easttown Township and the general public; and (2) to reduce environmental
hazards to health. Further purposes of this chapter are to establish
the responsibilities of owners and occupants for compliance with the
standards included herein, to make provision for administration and
enforcement and to fix penalties for violations thereof.
The provisions of this chapter shall apply uniformly to the
maintenance and use of all buildings, structures and premises, including
residential, commercial, office, industrial, and institutional uses.
The provisions shall apply uniformly to existing premises, buildings
and structures, irrespective of when or under what codes said buildings
were originally constructed, altered or repaired, and to all buildings
and structures hereafter constructed.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section. Words used in the present tense include the future, the singular
number includes the plural, and the plural the singular. Where terms
are not defined in this section but are defined in the Township Building
Code, they shall have the meanings ascribed to them as in the Building
Code. Where terms are not defined under the provisions of this chapter
or under the provisions of the Building Code, they shall have ascribed
to them their ordinarily accepted meanings or such as the context
herein may imply.
COMPOST
Relatively stable decomposed or decomposing organic matter.
DETERIORATION
The exterior condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay, resulting from neglect, inadequate maintenance
or excessive use.
EXPOSED TO PUBLIC VIEW
Any premises or any part thereof, or any building or any
part thereof, which may be lawfully viewed by the public from a public
street, sidewalk or right-of-way.
EXTERMINATION
The control and elimination of insects, rodents, vermin and
other pests.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food or other organic
materials.
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises which constitutes a health hazard.
NUISANCE
The carrying on, engaging in, committing or, when in possession
of control or responsibility, permitting any practice, act, trade,
manufacture, business or profession which is injurious or dangerous
to the health, safety, comfort or welfare of persons or damaging to
the property of others or which prevents the reasonable use or enjoyment
of the property of others by reason of, among other things, odor,
smoke, dust, gas, noise, dirt, vibration, or the emission of radioactivity
or electromagnetic waves.
OPERATOR
Any person or entity who has charge, care or control of a
building premises or a part thereof, whether with or without the knowledge
and/or consent of the owner.
OWNER
Any person or entity who, alone or jointly or severally with
others, shall have legal or equitable title to any premises, with
or without accompanying actual possession thereof, or shall have charge,
care or control of any premises as owner or agent of the owner or
as executor, administrator, trustee, receiver or guardian of the estate
or as a mortgagee in possession, regardless of how such possession
was obtained. Any person or entity who is a lessee subletting or reassigning
any part or all of any premises shall have joint responsibility over
the portion of the premises sublet or assigned by said lessee.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon, which is subject to the provisions of this chapter.
PUTRESCIBLE
Liable to undergo putrefaction; becoming rotten and foul-smelling.
REFUSE
All putrescible and nonputrescible solid waste (except body
wastes), including but not limited to glass, garbage, rubbish, ashes,
street cleanings, dead animals, uninspected or unregistered vehicles
and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
WEED
Any rank vegetative growth, including, but not limited to,
poison ivy, jimsonweed, burdock, ragweed, thistle, nettle, sumac,
goldenrod, tall grasses in excess of 12 inches in height, cocklebur,
plants of obnoxious odors or any other plant or vegetation whatsoever
not edible or planted for ornamental or agricultural purposes. Weeds
shall not include trees, shrubs, crops, cultivated flowers or gardens.
[Added 1-15-2018 by Ord. No. 433-18]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution, including reasonable
attorneys' fees. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 30 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense.