[Adopted 5-16-2018 by Ord. No. 3-2018]
Lack of maintenance of properties; littering; improper storage
of refuse, trash, and recycling; storage of inoperative/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 the City are negatively impacted by the occurrences and existence
of these activities. Recognizing these are community problems, the
purpose of this article is to promote the health, safety and general
welfare of the City by helping create a clean environment for the
citizens of the City.
The following words, terms and phrases, when used in this article,
shall be defined as follows, unless context clearly indicates otherwise:
Is a litter collection receptacle which is placed on the
public right-of-way or on public property by the City for use by the
public to deposit small quantities of hand-held trash, but not household
or commercial waste.
A motor vehicle that has a gross vehicle weight of greater
than 6,000 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).
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, 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.
The animal or vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
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:
Cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating illness.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
Waste which would be chemically or physically classified
as a hazardous waste, but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection, and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations. Such HHW materials meet one of the
following four classifications: toxic, flammable, reactive, or corrosive.
HHW consists of numerous products that are common to the average household
such as: pesticides and herbicides, cleaners, automotive products,
paints, and acids.
Any and all pieces of furniture which are made for only inside
use including, but not limited to, upholstered chairs and sofas, etc.
Any vehicle which presents a hazard or danger to the public
or is a public nuisance by virtue of its state or condition of disrepair.
The following conditions, if present, are examples of a state
or condition of disrepair:
Rusted and/or jagged metal on or protruding from the body of
the vehicle.
Broken glass or windows on or in the vehicle.
Leaking of any fluids from the vehicle or deflated or flat tire(s).
Unsecured and/or unlocked doors, hood, or trunk.
Storage or placement of the vehicle in an unbalanced condition,
on concrete blocks, or other similar apparatus.
Harboring of rodents, insects, or other pests.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also "motor
vehicle nuisance."
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 vehicles 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.
Any person residing or working within the County of Luzerne
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
A vendor or seller of food and/or goods from a vehicle or
other conveyance upon the public streets or alleys of the City that
does not typically remain stationary for more than approximately 10
minutes each hour.
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.
A motor vehicle with one or more of the following defects:
Broken windshields, mirrors, or other glass, with sharp edges.
Broken headlamps, tail lamps, bumpers, or grills with sharp
edges.
Any body parts, truck, firewall, or floorboards with sharp edges
or large holes resulting from rust.
Protruding sharp objects from the chassis.
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
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 which said vehicle is found.
Any excessive fluids leaking from vehicle which may be harmful
to the public or the environment.
Disassembled body or chassis parts stored in, on or about the
vehicle.
Vehicles that do not display a current valid license and registration.
Such other defects which the Fire Department determines to be
a danger to the general public or property.
Motor vehicles parked, drifted, or otherwise located which may
interfere with flow of pedestrians or automobile traffic or impede
emergency efforts.
Any garbage, refuse, industrial, lunchroom, or office waste,
and other material including solid, liquid, semisolid, or contained
gaseous material resulting from operation or 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 not include source separated recyclable
materials or organic waste.
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.
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the City, or causes a blighting effect in City neighborhoods.
See also "public nuisance."
Any person, whether a resident of this City or not, travelling
from house to house, or from street to street, for the purpose of
selling or soliciting for sale, goods, wares, merchandise or services;
and shall also mean and include any person transacting a temporary
business within the City at an established place of business.
Every natural person, firm, corporation, partnership, association,
or institution.
The nonconcrete space in the sidewalk area filled with dirt
and/or grass.
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 purpose, 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.
Any conditions or premises which are unsafe, unsanitary or
disruptive.
The City Property Maintenance Code Enforcement Officer, City
Health Officer, City Fire Code Inspector or a City police officer,
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
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. These materials
may include, but not be limited to, aluminum cans, ferrous and bi-metal
cans, glass containers, plastic bottles and containers, mixed paper,
white goods, major appliances, televisions, tires, and large auto
parts.
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.
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 latter, glass, crockery, and dust and other
similar materials.
Unless otherwise specified, includes all trees, shrubs, and
woody vegetation in the public right-of-way.
The public right-of-way between the property line and the
curb line or the established edge of the roadway.
Any waste including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal as such waste, and
it shall be presumed that the contain.
Any person travelling 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, wares or merchandise
and offering and exposing them for sale, or making sales and delivering
articles to purchasers; or who, without traveling from place to place,
sells or offers for sale such products from a wagon, handcart, pushcart,
motor vehicle, conveyance or from his person or who solicits orders
and, as a separate transaction, makes deliveries to purchasers.
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.
A commercial vehicle with a length of 20 feet or more that
is not self-propelled, that is intended to haul materials, vehicles,
goods, gases or liquids and that is intended to be pulled by a tractor,
and that is not a "recreational vehicle."
The nonconcrete area surrounding a shade tree planted in
a sidewalk area.
Any planting that is cultivated and managed for edible or
ornamental purposes such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
A form issued by a police officer or other code enforcement
officer to a person who violates a provision of this article. The
violation ticket is an offer by the City extended to a person to settle
a violation by paying the fine in lieu of a citation being issued
against the violator.
Shall be defined as all grasses, annual plants, and vegetation,
which meet any of the following criteria:
Exceeds eight inches in height.
Exhale unpleasant noxious odors or pollen such as ragweed, dandelion,
and miscellaneous other vegetation commonly referred to as weeds or
brush.
May conceal filthy deposits or serve as breeding places for
mosquitoes other insects, or vermin.
Encroaches onto neighboring properties by way of leaders on
roots without property owners consent.
May cause a public nuisance.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes such as vegetable gardens, trees,
shrubs, flowers, etc.
An open space on the same lot with a structure.
A.Â
Operating as a peddler or street vendor illegally. It shall be unlawful
to operate as a peddler or street vendor without the proper permits
and/or inspections. It shall also be unlawful to operate as a peddler
or street vendor while any portion of a peddling/vending conveyance
is inoperable.
B.Â
Operating or vending without the proper permit/license. It shall
be unlawful for any person, business, partnership, or entity to operate
including, but not limited to, any business, vending cart, store,
or establishment without the proper permits/licenses.
C.Â
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 stored in compliance with the applicable Building Codes.
D.Â
Storing or serving of potentially hazardous food. No individual or
entity operating a business shall store or serve potentially hazardous
food. Including, but not limited to, out of date food, food being
stored above or below the appropriate temperature, food being stored
directly on a flooring surface, infestation problems at the location,
or serving food that had previously been open are considered a violation
of this article.
E.Â
License presentation violation. It shall be unlawful for any individual,
person, entity, business, or corporation purchasing a license as required
by the City to not have the license readily available for inspection
by any authorized code enforcement officer.
F.Â
Temporary dumpster/POD permit required. Each temporary dumpster or
portable on-demand storage container (POD), whether placed on private
property or in a public right-of-way, shall display a valid permit
issued by the City.
G.Â
City permits to be displayed and followed. All City permits shall
be displayed in a fashion that makes them visible from the roadway.
In cases of demolition, the permit shall be displayed in the back
window of a construction vehicle parked on site, and visible from
the roadway. Should a permittee be unable to comply with this requirement,
they shall have to notify the Building Inspectors office and seek
immediate authorization/approval. Once the City provides notice to
a property owner that a permit is necessary, any additional work to
the property shall allow the City to fine the property owner and/or
the person(s) performing the work for violation of this section.
H.Â
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.
I.Â
Animal maintenance and waste/feces clean-up. People owning, harboring,
or keeping an animal within the City shall not permit any waste matter/feces
from the animal to collect and remain on the property so as to cause
or create an unhealthy, unsanitary, dangerous, or offensive living
condition. All waste from animals must be cleaned up on a daily basis.
J.Â
Disposal of rubbish or garbage/dumping. Improper disposal of rubbish
or garbage, or dumping or disposing of rubbish or garbage on vacant,
unoccupied, or other property.
K.Â
High weeds, grass or plant growth. All premises and exterior property
shall be maintained free from weeds or plant growth in-excess of eight
inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants, and vegetation. Cultivated flowers,
gardens, trees and shrubs shall not be included as a violation of
this section.
L.Â
Littering or scattering rubbish. No person shall throw, dump, place,
weep, or dispose of any waste, trash, garbage, or rubbish upon any
public sidewalk, alley, street bridge, public passageway, public parking
area, or on any public property.
M.Â
Motor vehicles. It shall be unlawful to store, park, or place any
unregistered, uninspected, inoperative, unlicensed, or nuisance motor
vehicle on any premises. No vehicle shall at any time be in a state
of major disassembly, disrepair, or in the process of being stripped
or dismantled. Painting of vehicles is prohibited unless conducted
inside an approved spray booth.
N.Â
Outside placement of indoor appliances/furniture. It is 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 on said property. If maintenance is being performed,
or if the items are actively being sold in a yard sale, the items
shall not be left unattended.
O.Â
Ownership presumption of waste, trash, and/or recyclables for illegal
dumping and illegal hauling. It shall be the responsibility of every
owner and/or occupant to dispose of their waste, trash, or recyclables
in a proper manner. Any business or person who is unable to show proof
that they have legally disposed of any waste, trash, or recyclable
will be in violation of this section. 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 section. Upon
request of a Code Enforcement Officer, any owner or occupant must
show proof of their appropriate trash and/or recyclable hauler. Any
parts 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 the proper approval or license.
Any waste, trash, or recyclables found not to be disposed of in accordance
with this section will be a violation of this section.
P.Â
Placement of littering by private advertising matter. No person shall
throw, place, sweep, or dispose of litter or private advertising matter
upon any public sidewalk, alley, street, bridge, public passageway,
public parking area, or any public property. No person, group, organization,
or entity will hang, place, or advertise on any public property in
any manner. No person, group, organization, or entity will hang, place,
or advertise on any property that they do not have any ownership rights
to without the written approval of said owner.
R.Â
Storage containers for waste or trash. The owner of every premises
shall supply approved containers for waste/trash, as well as be responsible
for the removal rubbish. All containers that store waste or trash
shall be durable, water tight, and made of metal or plastic. Containers
must have tight-fitting covers, and must be kept clean and odor free
at all times. All containers must be stored in the rear of every property
so said containers are not visible from the public right-of-way. Waste/trash
containers may only be placed in front of any property when darkness
occurs the night before the day of the scheduled waste/trash pick-up
day. Once the licensed hauler removes the waste/trash from any property,
all containers must be returned to the rear of any property before
daybreak on the day following pick-up. (Example: Jim Smith's trash
collection day is Wednesday. Jim Smith may place his trash containers
out front of his property on Tuesday night, once night falls. Jim
Smith must place his trash containers in the rear of his yard before
daybreak, on Thursday morning.)
S.Â
Storage of recyclables. It shall be the responsibility of the owner
of all residential, commercial, and industrial property to ensure
storage, collection, and disposal of all recyclables from their property
in such a manner not to create a public nuisance. Storage of recyclables
is only allowed in approved containers, which must be kept clean and
sanitary at all times.
T.Â
Swimming pools. Swimming pools shall be maintained in good repair
at all times. They shall also be kept clean, safe, covered, and sanitary
as well.
U.Â
Prohibited occupancy. Any building, machine, or equipment which is
condemned shall not be occupied or operated.
V.Â
Shrubs and bushes. Bushes and shrubs on all premises and exterior
property shall be maintained and kept in good order.
W.Â
Dangerous trees. Any tree that is considered dangerous and unsafe
to the public by a Code Enforcement Officer, due to overgrowth, instability,
infestation, harmful insects or a dead tree.
X.Â
Commercial/junk vehicles in a residential area. No commercial/junk
vehicles shall be parked or stored in a residential district as defined
in the Zoning Ordinance of the City.
Y.Â
Vehicle repairs/maintenance in a residential district. No person
shall operate repairs for profit in residential districts. This would
include vehicles not owned by the property occupant and use of repairs
and storage on street.
Z.Â
Accessory structures. All accessory structures, including detached
garages, fences, and walls shall be maintained structurally sound
and in good repair.
AA.Â
Defacement of property.
(1)Â
No person shall willfully or wantonly damage, mutilate or deface
any exterior surface of any structure or building on any private or
public property by placing thereon any marking, carving or graffiti.
(2)Â
It shall be the responsibility of the owner to restore said surface
to an approved state of maintenance and repair.
BB.Â
Illegal signs/billboards. No person or business shall construct and
display a sign/advertisement without the appropriate approval and
permit from the Building Inspector's Office and/or Zoning Office.
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 article.
A.Â
The provisions of this article shall be enforced by any authorized
officer from the Health Department or Building Inspector's Office,
or any public officer, as previously defined herein.
B.Â
Any violation of the provisions of this article may be cause for
a citation, a violation ticket, and/or a notice of violation to be
issued to the violator.
A violation ticket shall be served upon a violator by handling
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 an office
or usual place of business of the violator, to his/her agent or the
person for the time being in charge thereof, or by mailing the notice
to the violator's address of record.
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
A.Â
Any person or business violating this article is hereby directed
to satisfy the City, 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 any authorized public officer in order
that the City shall be compensated for both direct and indirect costs
and expenses incurred.
B.Â
The City 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 affected 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.Â
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 authorized public officer and the rules and regulations.
D.Â
City 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 authorized public 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 purchased to cover all miscellaneous
expenses, such as wear and tear on equipment.
E.Â
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 their work to the City 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.
The City Council shall, by resolution, set forth a schedule
of fines and penalties for the violation of this Ordinance and the
recovery of fees associated therewith.
A.Â
Nontraffic citations. In the event of the failure to remit payment
of a fine or penalty imposed per § 320-12, a nontraffic
citation may be issued. Upon conviction before the District Magisterial
Judge, a fine shall be imposed of not less than $300 and not more
than $1,000 plus all City-incurred court costs and legal fees. Upon
default of payment of the fine and or costs, a sentence of not more
than 30 days imprisonment shall be imposed. Each day the offense continues
shall be deemed a separate offense.
B.Â
Municipal liens. The City Solicitor, at the direction of the City Administrator, is authorized to place a municipal lien on the property for recovery of costs associated with any City-directed cleanup of the property as set forth in § 370-11. The lien may include the costs of title search and any and all legal costs associated with imposing the lien.
If any portion of this article is found to be invalid by a court
of law, the remaining provisions shall remain in full force and effect.
Anywhere this article conflicts with any other ordinance, the
provisions of this article shall supersede. But nothing in this article
shall prevent the enforcement of any other ordinance in the Pittston
City Code as set forth in the Code.
Anyone who is aggrieved through the enforcement of this article
may file an appeal with the City of Pittston Joint Building and Property
Maintenance Code Appeals Board under the procedures set forth by that
board.
