[Adopted 7-9-2019 by Ord. No. D-3-7-19-19, approved 7-9-2019]
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 contribute to the deterioration of property
values and general disorder in a community. 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 Masontown 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 Borough by helping to
create a clean environment for the citizens of Masontown.
The following words, terms, and phrases, when used in this article,
shall be defined as follows, unless the context clearly indicates
otherwise:
A litter collection receptacle which is placed on the public
right-of-way or on public property by the Borough for use by the public
to deposit small quantities of hand-held trash, but not household
or commercial waste.
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 becoming
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 liquids 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 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.
Any person residing or working within the County of Fayette
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 Borough
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, fire wall, 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 or open areas on the vehicle
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 property on which said vehicle is found.
Any excessive fluids leaking from the 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 the flow of pedestrian or automobile traffic or impede
emergency efforts.
Any other condition which would constitute a violation of the
Masontown Borough Property Maintenance Code.
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 not include source-separated recyclable
materials or organic waste.
A written document issued to a person in violation of a Borough
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 health, safety, or welfare of citizens
of the Borough or causes a blighting effect in Borough neighborhoods.
See also "public nuisance."
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 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.
Any conditions or premises which are unsafe or unsanitary.
Any police officer, code enforcement officer, zoning officer,
authorized inspector, or other public official designated by the Borough
to enforce the Borough ordinances.
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 bimetal
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 matter, 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
curbline 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 of such waste, and
it shall be presumed that the containment of any municipal waste in
excess of three months constitutes disposal.
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 public officer to a
person who violates a provision of this article. The violation ticket
is an offer by the Borough of Masontown extended to a person to settle
a violation by paying the fine in lieu of a citation being issued
against the violator.
All grasses, annual plants, and vegetables, which meet any of
the following criteria:
Exceed 10 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;
Encroach onto neighboring properties by way of leaders or roots
without the property owner's consent; and/or
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.
A violation of this article shall be defined as any violation of
the Masontown Borough Property Maintenance Code, and any amendments
thereto, which has/have, from time to time, been adopted as an ordinance
or amendment to an ordinance of Masontown Borough. In addition thereto,
the following actions, activities and/or conduct shall be deemed to
be a violation of this article:
(1)
Operating
a food cart illegally. It shall be unlawful to operate any food cart
without the proper permits and/or inspections. It shall also be unlawful
to operate any food cart while any portion of the cart is inoperable.
(2)
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.
(3)
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, waste paper, boxes or rags, unless the storage
of said material is stored in compliance with the applicable building
codes.
(4)
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 is considered a violation
of this article.
(5)
Violating the terms of any vending license. It shall be unlawful
to violate any term, part, portion or in total, any vending license.
Any person, business, partnership, or entity violating their vending
license shall be in violation of this article.
(6)
Temporary dumpster permit required. Each temporary dumpster, whether
placed on private property or in a public right-of-way, shall display
a valid permit issued by the Borough of Masontown.
(7)
Borough permits to be displayed and followed. All Borough 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 License and Permit Office of the issue
and seek immediate authorization/approval. Once the Borough provides
notice to a property owner that a permit is necessary, any additional
work to the property shall allow the Borough to fine the property
owner and/or the person(s) performing the work for violation of this
section.
(8)
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.
(9)
Animal maintenance and waste/feces cleanup. People owning, harboring,
or keeping an animal within the Borough of Masontown 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.
(10)
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. In addition, any violation of any portion
of any Masontown Borough ordinance(s) governing garbage/waste collection
and disposal shall be deemed to be a violation of this article.
(11)
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 (254 mm). 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 article.
(12)
Littering or scattering rubbish. No person shall throw, dump, place,
sweep, 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.
(13)
Motor vehicles. It shall be unlawful to store, park, or place any
unregistered, uninspected, inoperative, unlicensed, or nuisance motor
vehicle (motor vehicle nuisance as defined above) 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.
(14)
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.
(15)
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 and in accordance with the Masontown Borough ordinance(s)
governing garbage/waste collection and disposal. Any business or person
who is unable to show proof that they have legally disposed of any
waste, trash, or recyclables will be in violation of this article.
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 article. Upon request of the public officer,
any owner or occupant must show proof of their appropriate trash and/or
recyclable hauler. If any parts are 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 article will be a violation
of this article.
(16)
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 of rubbish. All containers that store waste or trash
shall be durable, watertight, made of metal or plastic, and otherwise
be in compliance with the Masontown Borough ordinance(s) governing
garbage/waste collection and disposal. 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 pickup 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 pickup. (Example: Jim Smith's trash collection day is Wednesday.
Jim Smith may place his trash containers out in 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.)
(17)
Storing 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.
(18)
Placement or 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.
(19)
Snow and ice removal.
(a)
Every owner, tenant, occupant, lessee, property agent, or any
other person who is responsible for any property within the Borough
of Masontown is required to remove any snow or ice from their sidewalk
within 24 hours of the cessation of said snow and ice falling. Furthermore,
they must create a path, free from any snow or ice, of three feet
on said sidewalk.
(b)
Should any property be a place of business within the Borough
of Masontown, all snow and ice must be removed within four hours of
the cessation of said snow and ice falling. Any property that is deemed
a business must have the entire sidewalk free from any snow and ice.
If and/or when the snow and/or ice cessation happens during the hours
of darkness, the time limit for removal of all snow and ice begins
at daybreak.
(c)
No owner, tenant, occupant, lessee, property agent or other
person or entity shall be permitted to shovel, plow, blow, move, or
otherwise deposit snow into the public streets and/or sidewalks of
Masontown Borough.
(20)
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.
(21)
Burning. The disposal of trash, waste, riffraff, lawn/yard waste,
or any other solid waste by burning is prohibited unless done in compliance
with the provisions of the Masontown Borough ordinance(s) and regulations
governing the burning of solid waste.
Upon finding a quality of life violation, any public officer
of the Borough of Masontown may issue quality of life violation tickets
to the owner and/or occupant of the property at issue or to the individual(s)
known to have violated this article.
A.
The provisions of this article shall be enforced by police officers,
code enforcement officers, health officers or any other public officer
authorized to enforce ordinances.
B.
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 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 agent or to
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.
Any person or business violating this article is hereby directed
to satisfy the Borough of Masontown 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 Borough Code
Enforcement Officer in order that the Borough shall be compensated
for both direct and indirect costs and expenses incurred.
B.
The Borough of Masontown and/or its contractor, per the direction
of the Borough, reserves the right to abate the violation in question
at the expense of the owner. If the Borough 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 Borough abates the violation, in addition
to the fine set forth in the quality of life ticket, the Borough 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.
Borough of Masontown cleanup. The Borough 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 Borough reserves
the right to perform the abatement immediately. The Borough will perform
this work at a rate of $60 per hour, per man, and forward the cost
of any material necessary for the abatement. The Borough 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 Borough 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 Borough reserves the right to direct the contractor
to perform the abatement immediately. The contractor will submit a
bill for their work to the Borough of Masontown, and the Borough will
forward theses costs to the violator. The Borough reserves the right
to add a 30% processing fee in addition to the cost of the contractor.
A.
Any person who violates this article 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.
|
Violation
|
Description
|
Fine
|
Timing
|
|---|---|---|---|
|
QOL-000
|
Violation of Property Maintenance Code
|
$100
|
48 hours unless an imminent public hazard or nuisance is present
|
|
QOL-001
|
Operating a food cart illegally
|
$100
|
Immediate
|
|
QOL-002
|
Operating or vending without the proper permit/license
|
$100
|
Immediate
|
|
QOL-003
|
Storing of hazardous material
|
$100
|
Immediate
|
|
QOL-004
|
Storing or serving potentially hazardous food
|
$100
|
Immediate
|
|
QOL-005
|
Violating the terms of any vending license
|
$100
|
Immediate
|
|
QOL-006
|
Temporary dumpster permit required
|
$100
|
Immediate
|
|
QOL-007
|
Borough permit to be displayed
|
$100
|
Immediate
|
|
QOL-008
|
Accumulation of rubbish or garbage
|
$50
|
48 hours
|
|
QOL-009
|
Animal maintenance and waste/feces cleanup
|
$50
|
48 hours
|
|
QOL-010
|
Disposal of rubbish or garbage; dumping
|
$50
|
48 hours [any other violation of a garbage/waste disposal and
removal ordinance - immediate]
|
|
QOL-011
|
High weeds, grass or plant growth
|
$50
|
48 hours
|
|
QOL-012
|
Littering or scattering rubbish
|
$50
|
48 hours
|
|
QOL-013
|
Motor vehicles
|
$50
|
48 hours
|
|
QOL-014
|
Outside placement of indoor appliances/furniture
|
$50
|
48 hours
|
|
QOL-015
|
Ownership presumption of waste, trash and/or recyclables for
illegal dumping and illegal hauling
|
$50
|
48 hours
|
|
QOL-016
|
Storage containers for waste or trash
|
$50
|
48 hours
|
|
QOL-017
|
Storing of recyclables
|
$50
|
48 hours
|
|
QOL-018
|
Placement of littering by private advertising matter
|
$50
|
48 hours
|
|
QOL-019
|
Snow and ice removal from sidewalks
|
$50
| |
|
QOL-020
|
Swimming pools
|
$50
|
48 hours
|
|
QOL-021
|
Burning
|
$50
|
Immediate
|
B.
Failure of the person to make payment within 14 days of the date
of a violation ticket shall result in the filing of a citation, for
failure to pay, 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. Upon issuance of four tickets for the same violation,
the right is reserved for the code officials to issue a citation for
the fifth and subsequent offenses.
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this article,
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 be imprisoned no more than 90 days, or both.
The Magisterial District Judge may order the violator to make
restitution where appropriate.
Appeals to any quality of life "ticket" shall be heard before
the Masontown Borough Board of Appeals, by application filed at the
Masontown Borough Municipal Building within 10 days of the issuance
of the "ticket" hereunder. The Masontown Borough Appeals Board, for
tickets hereunder, shall be the same appeals board designated by the
Masontown Borough Council to hear appeals/violations of the Property
Maintenance Code.
If any provision, paragraph, word, section, or subsection of
this article is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, or subsections
shall not be affected and shall remain in full force and effect.
All relevant ordinances, regulations, and policies of the Borough
of Masontown, Fayette County, Pennsylvania, not amended, shall remain
in full force and effect.
If any section, subsection, sentence, or clause of this article
is held, for any reason, to be invalid, such decision shall not affect
the validity of the remaining portions of the article.
Any ordinance or part of an ordinance conflicting with the provisions
of this article shall be and the same is hereby repealed to the extent
of such conflict.
This article shall be effective immediately upon passage and
approved in the manner prescribed by law.
