[HISTORY: Adopted by the Borough Council of the Borough of Elverson 2-5-2019 by Ord. No. 2019-01. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Ordinance for the Borough of Elverson."
A. 
The provisions of this chapter shall apply to all real estate and all residential and nonresidential structures and buildings in the Borough.
B. 
The purpose of this chapter is to require owners of real estate to maintain their property, structures and buildings in a manner which provides a minimum level of sanitation and safety and which does not create a nuisance or adverse impact on the public health, safety and welfare.
The following terms shall, for the purposes of this chapter, have the meanings set forth herein:
EXTERIOR PROPERTY
The open space on the premises and on adjoining property under the control of owners, operators or tenants of such premises.
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INFESTATION
The presence within or contiguous to a structure on a premises of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEHICLE
A vehicle which cannot be driven upon the public streets for whatever reason, including, but not limited to, being unlicensed, demolished, abandoned, in a state of disrepair, or incapable of being moved under its own power.
OCCUPANCY
The purpose for which a building or portion thereof is utilized or occupied.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property, or recorded in the official records of the county as holding title to the property, or otherwise having control of the property, including the guardian of 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.
PERSON
An individual, corporation, partnership or any other legal entity.
PREMISES
A lot, plot or parcel of land, easement or public way, including any structures thereon.
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.
A. 
The Borough's Building Code Official shall administer and enforce the provisions of this chapter. The Building Code Official shall have the authority to render interpretations of this chapter and to adopt policies and procedures in order to clarify the application of its provisions.
B. 
The Building Code Official shall have the authority to make all required inspections that are necessary pursuant to this chapter, as directed by the Borough Secretary.
C. 
Where it is necessary to conduct an inspection of a premises, structure or building located in the Borough to enforce the provisions of this chapter or whenever the Building Code Official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this chapter, the Code Official is authorized to enter the structure on a premises at reasonable times to inspect or perform duties imposed by this chapter, provided that, if such structure on the premises is occupied, the Code Official shall present identification to the occupant and request entry. If such structure or premises is unoccupied, the Code Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request permission to enter. If entry is refused, the Code Official shall have recourse to the remedies provided by law to permit entry.
A. 
All exterior property and premises shall be maintained in a clean, safe, and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
B. 
All structures and exterior property shall be kept free from rodent harborage and infestation and shall be maintained in a manner which does not promote rodent harborage. Where rodents are found, they shall be promptly exterminated by processes which are not injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent infestation.
C. 
All exterior property and premises shall be free from the accumulation of rubbish or garbage.
D. 
The dumping of garbage and rubbish on public or private property shall be prohibited.
E. 
No inoperable motor vehicle shall be parked, kept or stored in the front yard of any premises. An inoperable motor vehicle may be kept or stored in the side or rear yard of a premises, provided that it: 1) complies with the minimum setbacks in Chapter 290, Zoning, of the Borough's Code; and 2) is completely screened and cannot be seen from public rights-of-way and adjacent properties. No more than one inoperable motor vehicle shall be kept on any premises.
A. 
It shall be unlawful for any person, firm or corporation to violate any of the provisions of this chapter.
B. 
If the Building Code Official determines that a person, firm or corporation is in violation of any provisions of this chapter, he shall serve a written notice of violation which includes the following:
(1) 
Name of the property owner.
(2) 
Description of the property.
(3) 
Statement of the violation or violations and why the notice is being issued.
(4) 
A correction order allowing a reasonable time, not to exceed 60 days, to bring the property into compliance with the provisions of this chapter.
(5) 
A statement of the Borough's intent to enforce the provisions of this chapter through the imposition of fines or other civil penalties or equitable relief, as authorized in § 181-7.
C. 
The written notice of the violation shall be delivered personally, sent by certified or first class mail addressed to the last known address of the property owner or, if the notice is returned showing that the letter was not delivered, a copy shall be posted in a conspicuous place in or about the premises.
D. 
If the property owner fails to abate the violation(s) listed in the notice of violation within the time prescribed in the notice, the Borough may institute the appropriate proceeding at law or in equity to restrain, correct or abate the violation(s). All costs incurred by the Borough shall be reimbursed by the property owner and, until they are repaid, shall be a lien against the premises, provided that the Borough files a municipal claim.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Chester County.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. It is hereby declared as the intent of the Elverson Borough Council of the Borough of Elverson that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.