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:
AUTHORIZED LITTER RECEPTACLE
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.
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 becoming
a harboring place or food supply for insects and rodents.
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.
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
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.
HOUSEHOLD HAZARDOUS WASTE (HHW)
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.
INDOOR FURNITURE
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
JUNKED VEHICLE
A.
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:
(1)
Rusted and/or jagged metal on or protruding from the body of
the vehicle.
(2)
Broken glass or windows on or in the vehicle.
(3)
Leaking of any liquids from the vehicle or deflated or flat
tire(s).
(4)
Unsecured and/or unlocked doors, hood, or trunk.
(5)
Storage or placement of the vehicle in an unbalanced condition,
on concrete blocks, or other similar apparatus.
(6)
Harboring of rodents, insects, or other pests.
B.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also "motor
vehicle nuisance."
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.
LOCAL RESPONSIBLE AGENT
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.
MOBILE VENDOR
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.
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.
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, fire wall, 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 or open areas on the vehicle
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 the flow of pedestrian or automobile traffic or impede
emergency efforts.
M.
Any other condition which would constitute a violation of the
Masontown Borough Property Maintenance Code.
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 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.
NOTICE OF VIOLATION
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.
NUISANCE
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."
PERSON
Every natural person, firm, corporation, partnership, association,
or institution.
PLANTER STRIP
The nonconcrete space in the sidewalk area filled with dirt
and/or grass.
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.
PUBLIC OFFICER
Any police officer, code enforcement officer, zoning officer,
authorized inspector, or other public official designated by the Borough
to enforce the Borough ordinances.
PUBLIC RIGHT-OF-WAY
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
RECYCLABLE MATERIAL
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.
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.
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.
SHADE TREE
Unless otherwise specified, includes all trees, shrubs, and
woody vegetation in the public right-of-way.
SIDEWALK AREA
The public right-of-way between the property line and the
curbline or the established edge of the roadway.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
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.
TREE WELL
The nonconcrete area surrounding a shade tree planted in
a sidewalk area.
VEGETATION
Any planting that is cultivated and managed for edible or
ornamental purposes, such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
VIOLATION TICKET
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.
WEEDS
A.
All grasses, annual plants, and vegetables, which meet any of
the following criteria:
(1)
Exceed 10 inches in height;
(2)
Exhale unpleasant noxious odors or pollen, such as ragweed,
dandelion, and miscellaneous other vegetation commonly referred to
as "weeds" or "brush";
(3)
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin;
(4)
Encroach onto neighboring properties by way of leaders or roots
without the property owner's consent; and/or
(5)
May cause a public nuisance.
B.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes, such as vegetable gardens, trees,
shrubs, flowers, etc.
YARD
An open space on the same lot with a structure.
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 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.
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.