[HISTORY: Adopted by the Town Council of the Municipality of Kingston 5-6-2019 by Ord. No. 2019-4. Amendments noted where applicable.]
Editor's Note: This ordinance was originally adopted as Ch. 101 but was renumbered to maintain the organization of the Code.
This chapter shall be known as the "Quality of Life Ordinance."
The Quality of Life Ordinance is established to better control routine, nuisance violations of the Property Maintenance Code and Code of the Municipality of Kingston on matters that interfere with the comfortable enjoyment of life and depreciate the value of property, the cleanliness of neighborhoods, and general good order of the community.
The following words, terms, and phrases, when used in this chapter, shall be defined as follows, unless context clearly indicates otherwise:
- AUTHORIZED LITTER RECEPTACLE
- A litter receptacle which is placed on the public right-of-way or on public property by the Municipality for use by the public to deposit small quantities of handheld trash but not household or commercial waste.
- BLOWING/PUTTING OF GRASS AND LEAVES
- Grass, weeds, leaves, or any type of yard debris illegally placed or blown onto any public property, street or alleyway.
- A small domesticated carnivorous mammal with soft fur, a short snout, and retractable claws.
- Any material on any 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.
- A domesticated carnivorous mammal that typically has a long snout, an acute sense of smell, nonretractable claws, and a barking, howling, or whining voice.
- Includes, but is not limited to, depositing of litter, depositing of durable goods (refrigerators, washers, dryers, etc.), small appliances, furniture, carpets, tires, vehicles, vehicle parts, and other such municipal waste, hazardous waste, residual waste, and construction and demolition debris on public or private property.
- Animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
- The use of broad-tipped pens, spray paint, paint, ink, dye, pencils, pens, crayons or any marking devices to write or place graffiti on public or private property, vehicles, buildings, playground equipment, traffic control signs, etc. Graffiti includes but is not limited to any and all unsightly, offensive or defacing writings, drawings, markings, or other written or pictorial matter by any method or device and of any content which contributes to the defacement of the real or personal property involved and which contributes to the ugliness and unsightliness of the object, space, area or community and which is detrimental to the beauty, neatness and good order of the area and community. Graffiti shall not include easily removable chalk markings on public sidewalks and streets used in connection with traditional children's games.
- HAZARDOUS WASTE
- Any waste material or a combination of solid, liquid, semisolid, or contained gaseous material that because of its quantity, concentration, or 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; and
- B. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed or otherwise managed.
- HOUSEHOLD HAZARDOUS WASTE (HHW)
- Waste which would be chemically or physically classified as 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 Agency, 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 only for inside use, including, but not limited to, upholstered chairs and sofas, dining tables and chairs, mattresses and bedding, etc.
- JUNKED VEHICLE
- Any vehicle which presents a hazard or danger to the public or is a public nuisance or eyesore by virtue of its state or condition of disrepair. The following conditions, if present, are examples of a state or condition of disrepair.
- A. Rusted and/or jagged metal on or protruding from the body of the vehicle.
- B. Broken glass or windows on or in the vehicle.
- C. Leaking fluids from the vehicle or deflated or flat tire(s).
- D. Unsecured and/or unlocked doors, hood, or trunk.
- E. Open or damaged floorboards or firewalls.
- F. Missing doors, windows, hood, trunk, or other body parts which could result in animal harborage, vermin harborage, or bodily harm.
- G. On jacks or any type of lift device.
- H. Not roadworthy or operable mechanically.
- I. Upholstery which is torn or open which could permit animal and/or vermin harborage.
- J. Broken headlamps or tail lamps with sharp edges which could cause laceration.
- K. Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle which could cause personal injury.
- L. Broken vehicle frame suspended from the ground in an unstable manner which could cause injury if it fell to the ground.
- M. Leaking or damaged oil pan or gas tank which could cause fire or explosion.
- N. Exposed battery containing acid which could result in fire, burn or injury.
- O. Broken antennas which could result in personal injury.
- P. Any other defects which could threaten the health, safety, and welfare of municipal citizens.
- Includes, but is not limited to, all waste material, garbage, trash, i.e., wastepaper, tobacco products, wrappers, food or beverage containers, newspapers, municipal waste, human waste, domestic animal waste, furniture or motor vehicle seats, vehicle parts, automotive products, shopping carts, construction or demolition material, recyclable material, 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 Luzerne designated to accept service on behalf of a legal owner or operator of a dwelling unit or within 20 miles of the corporate boundary of the Municipality of Kingston designated to accept service in the capacity of property manager on behalf of a legal owner 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 alleyways of the Municipality that does not typically remain stationary for more than approximately 20 minutes each hour.
- MOTOR VEHICLE
- Any self-propelled land vehicle which can be used for towing or transporting people or materials, including, but not limited to, automobiles, trucks, buses, motor homes, motorized campers, motorcycles, motor scooters, tractors, semis, snowmobiles, dune buggies, all off-the-road vehicles, and trailers or semitrailers pulled thereby.
- MOTOR VEHICLE NUISANCE
- Any motor vehicle that does not display a current or valid license or registration or is parked, drifted, or otherwise located in a manner that interferes with the flow of automobile or pedestrian traffic or impedes emergency and essential public efforts. Motor vehicles which disturb or are inconsistent with the general and orderly composition of a neighborhood shall also be considered a nuisance. Motor vehicles registered or unregistered that are not moved from the same fixed location on any public street or property for a period of more than 10 consecutive days shall also be considered a nuisance.
- 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 which are not classified as residual waste or hazardous waste defined herein. The term does not include source-separated recyclable materials or organic waste.
- Sounds or noises generated from appliances, vehicles, machinery and equipment, power tools, electronics, sound equipment and loudspeakers, persons and individuals, animals, etc.
- NOTICE OF VIOLATION
- A written document issued to a person in violation of a municipal 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 Municipality or causes a blighting effect in municipal neighborhoods. See also "public nuisance."
- OPEN BURNING
- The burning of unwanted materials such as paper, trees, brush, leaves, grass and other debris where smoke and other emissions are released directly into the air. During open burning, air pollutants do not pass through a chimney or stack.
- 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, including front, side and rear yards; vacant lots, buildings and other structural improvements; walkways and alleyways; and parking areas, designated or used wholly or in part for private residential, industrial, or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
- PUBLIC NUISANCE
- Any condition or premises which is unsafe or unsanitary.
- PUBLIC OFFICER
- Any police officer, authorized code official, authorized inspector, or public official designated by the Mayor to enforce the municipal 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
- Materials 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 and products. The materials are designated by the regulations promulgated under §§ 103-18 and 103-19 of the Municipal Code. Such materials may include but not be limited to aluminum cans, ferrous and bimetal cans, clear and colored glass containers, plastic goods, mixed paper, and corrugated cardboard. White goods, appliances, tires, yard waste, and waste oil which are periodically accepted by the Municipality during controlled pickups or dropoffs shall be considered recyclable material.
- RESIDUAL WASTE
- Any discarded material or other waste, including solid, semisolid, or contained gaseous materials resulting from construction, industrial, mining, and agricultural operations, excluding public utility operations and municipal-owned sanitary and storm sewer operations.
- Combustible and noncombustible waste materials, except garbage; the term shall include the residue from burning wood, coal, combustible materials, paper, rags, cartons, boxes, wood, tires, rubber, leather, cans, glass, and other similar materials.
- SHADE TREE AREA
- 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 curb line or the established edge of the roadway.
- SNOW AND ICE
- Snow is precipitation in the form of ice crystals. Ice is frozen water, a brittle transparent crystalline solid.
- SOLID WASTE
- Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid, or contained gaseous materials.
- 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.
- VIOLATION TICKET
- A form issued by a police officer or public officer to a person who violates the provisions of this chapter. The violation ticket is an offer by the Municipality of Kingston extended to a person to settle a violation by paying the fine in lieu of a citation being issued against the violator.
- WASTE DUMPSTERS AND TEMPORARY STORAGE UNITS
- Waste dumpsters shall be classified as a construction waste dumpster or nonconstruction waste dumpster. A construction dumpster is a unit designed for the deposit of waste materials at building construction sites, or repair or demolition sites, commonly located on a temporary basis on a public right-of-way abutting the site and transportable to and from the site for the purposes of disposal of its contents by means of a carry vehicle. Under no circumstances shall the Code Enforcement Officer allow a construction dumpster unit to be permitted upon any public right-of-way for a period of more than 45 consecutive days. A nonconstruction dumpster is a unit designed for the deposit of all types of rubbish, materials, excluding garbage, generated at sites other than building construction, repair or demolition sites. Under no circumstances shall the Code Enforcement Officer allow a nonconstruction dumpster unit to be permitted upon any public right-of-way for a period of more than 30 consecutive days. A temporary storage unit is any type of temporary, fixed, transportable unit which is used for temporary storage or moving purposes. An example of a temporary storage unit is a PODS® container. A temporary storage unit shall be permitted to be placed upon a public right-of-way for a maximum of 10 consecutive days. Under no circumstances shall the Code Enforcement Officer allow a temporary storage unit to be permitted upon any public right-of-way for a period of more than 30 consecutive days.
- A. All grasses, annual plants and vegetation, and perennial plants which meet any of the following criteria:
- (1) Exceed six inches in height.
- (2) Exhale unpleasant noxious odors or pollen, such as ragweed, dandelions, and miscellaneous other vegetation commonly referred to as "weeds" or "brush."
- (3) May conceal filthy deposits or serve as breeding places for mosquitos, other insects or vermin.
- (4) 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.
Quality of life violations are as follows:
QOL.001. Accumulation of Rubbish or Garbage. All exterior property and the interior of every structure shall be free from any accumulation of waste, trash, rubbish or garbage.
QOL.002. Animal Maintenance and Waste/Feces Cleanup. People owning, harboring, or keeping an animal, i.e., cat or dog, within the Municipality of Kingston 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, weather permitting.
QOL.003. 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.
QOL.004. High Weeds, Grass, or Plant Growth in Excess of Six Inches. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited.
QOL.005. 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 street.
QOL.006. Motor Vehicles. It shall be unlawful to store, park, or place any unregistered, uninspected, untitled, unlicensed, uninsured 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 of an approved spray booth. It shall be unlawful to repair or work on any vehicle on any public street, alleyway or property.
QOL.007. Operating or Vending Without the Proper Permit/License. It shall be unlawful for any person, business, partnership, or entity to operate any transient or itinerant business without proper permits/licenses.
QOL.008. 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 any uses or sale whatsoever except for the temporary purpose to perform property maintenance.
QOL.009. 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, garbage, rubbish, or recyclables in a proper manner. Any business or person who is unable to show proof that they have legally disposed of waste, trash, or recyclables will be in violation of this chapter. 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 chapter. Upon request from any authorized public officer, any owner or occupant must show proof of their appropriate trash and/or recyclable hauler. Any item found in a municipal waste container, recycling container, garbage bag, or loose trash displaying the name and/or the address of a person and/or persons 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 any waste, trash, or recycling from any public or private property without proper approval or license.
QOL.010. 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, park, street, public passageway, public parking area, or 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 to which they do not have ownership rights without written approval of said owner.
QOL.011. Snow and Ice Removal from Sidewalks. Every owner, tenant, occupant, lessee, property agent, property manager, or any other person who is responsible for any property in the Municipality of Kingston shall remove snow or ice from their sidewalk within 12 hours following the cessation of any snow or ice event. It shall be unlawful to deposit any snow or ice on or immediately next to a fire hydrant or on any sidewalk, street or alleyway, or loading and unloading areas of a public transportation system. Private contractors are forbidden to deposit snow or ice from the property of any client onto any public property, park, street or alley.
QOL.012. Storage Containers for Waste and Trash. It shall be unlawful to permit the storage of refuse on any residential or commercial property that is not kept stored in a container made of durable, watertight, rust-resistant material. Containers shall 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.
QOL.013. Placement of Storage Containers, Trash Bags, and Recycling Containers. It shall be unlawful to place any storage containers, bags or recycling bins on the public right-of-way for collection any sooner than the evening before the date of scheduled collection. All containers must be returned to the rear of the property before daybreak on the day following the scheduled pickup. (Example: John Jones' trash pickup is Tuesday. John Jones may place his containers in the public right-of-way for collection on Monday evening. John Jones must place his containers in the rear of his property before daybreak on Wednesday morning.)
QOL.014. Storing of Appliances. Refrigerators and similar equipment, including but not limited to washers, dryers, dishwashers and ranges not in operation, shall not be discarded, stored, or abandoned on any premises without first removing the doors. No appliance as enumerated in this section shall be stored on any property for any period exceeding 72 hours.
QOL.015. 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 wastepaper, pallets, boxes or rags, unless the storage of said materials is stored in compliance with applicable building codes.
QOL.016. 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 as 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.
QOL.017. Open Burning. It shall be unlawful for any person, partnership, company, association, society, corporation or other group or entity to burn or permit the open burning of any waste materials on any private or public property within the Municipality of Kingston. Prohibited materials include but are not limited to leaves, grass clippings, yard waste or brush, garbage, rubbish, solid waste, construction debris, any fuel source which emits noxious smoke and odors, and fires built on the ground for warmth. All provisions of §§ 65-1 and 65-2 shall apply to QOL.017.
QOL.018. Blowing of Grass and Leaves. It shall be unlawful to place or blow grass, weeds, leaves, or any type of other yard debris upon any street, thoroughfare or alleyway under the jurisdiction or control of the Municipality of Kingston. It shall be unlawful to place or blow grass, weeds, leaves, or any other type of yard debris into the storm basin collection system maintained by the Municipality of Kingston.
QOL.019. Dogs. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or on any public property whatsoever, nor on any private property without the permission of the owner of said property. It shall be unlawful to place any defecation material from any dog into the storm basin collection system maintained by the Municipality of Kingston. All provisions of § 80-5 of the Municipal Code shall apply to this provision.
QOL.020. Swimming Pools. Swimming pools shall be maintained in good repair at all times. They shall be kept clean, safe, covered, fenced-in pursuant to the Municipal Zoning Ordinance, and sanitary. It shall be unlawful to drain or pump pool water into the storm basin collection system maintained by the Municipality of Kingston.
QOL.021. Graffiti. It shall be unlawful to use broad-tipped pens, spray paint, paint, ink, dye, pencils, pens, crayons or any marking devices to write or place graffiti on public or private property, vehicles, buildings, playground equipment, traffic control signs, etc. It shall be at the discretion of the public officer appointed to enforce this provision to allow the person or property owner more than 72 hours to abate large-scale or difficult graffiti markings.
QOL.023. Waste Dumpsters and Temporary Storage Units. It shall be unlawful to place any construction dumpster, nonconstruction dumpster, or temporary storage unit in the public right-of-way without first obtaining a permit in the amount of $15 from the Code Enforcement Officer. It shall be unlawful to permit a construction dumpster to be placed upon any public right-of-way for a period of more than 10 consecutive days without permission from the Code Enforcement Officer. It shall be unlawful to place a nonconstruction dumpster upon any public right-of-way for a period of more than five consecutive days without permission from the Code Enforcement Officer. It shall be unlawful to place any temporary storage unit upon any public right-of-way for a period of more than 10 consecutive days without permission from the Code Enforcement Officer. The placement provisions of § 103-36 of the Municipal Code shall apply to all dumpsters and temporary storage units.
Upon finding a quality of life violation, any public officer appointed by the Mayor may issue quality of life violation tickets to the owner and/or occupant of the property at issue or to the individual known to have violated this chapter.
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 any other person in charge of the residence, by leaving or affixing the notice or violation ticket where the violation exists, by handing it at any office or usual place of business of the violator, to his/her agent, property manager, 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.
The Code Enforcement Officer of the Municipality of Kingston is hereby authorized to promulgate rules and regulations to implement and supplement the provisions of this chapter.
Any person or business violating the Quality of Life Ordinance is hereby directed to satisfy the Municipality of Kingston 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 Code Enforcement Officer or designee in order that the Municipality shall be compensated for both direct and indirect costs and expenses incurred.
The Municipality of Kingston and/or their contractor, per the direction of the Municipality, reserves the right to abate the violation at the expense of the owner. If the Municipality has effected the abatement of the violation, the cost thereof 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.
In all instances where the Municipality abates the violation, in addition to the fine set forth in the quality of life ticket, the Municipality 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 Property Maintenance Code, Code of the Municipality of Kingston, or Code Enforcement Officer.
Municipal cleanup. The Municipality of Kingston reserves the right to perform any necessary work to abate any violation once 72 hours passes from the date of issuance of the quality of life ticket. Should the violation at the discretion of the Code Enforcement Officer or designee present imminent danger and/or pose a health hazard and/or risk, the Municipality reserves the right to perform the abatement immediately. If the work can be performed by municipal staff, the Municipality will charge $70 per man-hour plus additional costs for material necessary to complete the abatement. The Municipality reserves the right to charge an additional 20% on top of the hourly costs plus materials for wear and tear on equipment.
Contractor cleanup. The Municipality reserves the right to direct a contractor to perform any necessary work to abate any violation once 72 hours passes from the date of issuance of the quality of life ticket. Should the violation at the discretion of the Code Enforcement Officer or designee present imminent danger and/or pose a health hazard and/or risk, the Municipality reserves the right to have a contractor to perform the abatement immediately. The contractor will submit a bill for their work to the Municipality of Kingston, and the Municipality will forward these costs to the violator. The Municipality reserves the right to add a processing fee which will not exceed 30% of the total costs of the contractor's bill.
The Municipality reserves the right to revoke any rental licenses for unpaid fines or unpaid abatements costs for violations of the Quality of Life Ordinance. The Municipality will not issue any rental license to any property owner or agent where unpaid fines or abatement costs are unresolved for violations of the Quality of Life Ordinance.
The Municipality will not conduct a pre-sale inspection for the conveyance of any real property on any property containing unpaid fines or unpaid abatement costs for violations of the Quality of Life Ordinance. No new occupancy shall be established in any property where a pre-sale inspection has not been completed due to outstanding fines and unpaid abatement costs for violations of the Quality of Life Ordinance.
Quality of life violations shall be included in § 116-4C(3) of the Municipal Code concerning tenants or landlords/owners routinely engaging in prohibited behavior. For the purpose of this chapter, the term "routinely engaging" is defined as three or more quality of life violations in any sixty-day period or more than eight times in any twelve-consecutive-month period. Violations by tenants or landlords/owners exceeding these thresholds are cause for the Municipality to immediately revoke the rental license for such unit or property.
When a rental license is revoked for violations by tenants or landlords/owners exceeding the thresholds of routinely engaged prohibited behaviors, no rental license shall be reissued for the property or unit(s) until an authorized municipal official conducts an inspection of the property or unit(s) for the purpose of establishing that the property and/or unit(s) are suitable for human occupancy. Any rental property and/or unit(s) in violation of this section, where a rental license has been revoked, will be deemed unsuitable for human occupancy until an occupancy inspection is completed by an authorized municipal official. Upon the successful completion of an occupancy inspection, a certificate of occupancy will be issued for the property and/or unit(s), at which time a landlord/owner may relicense the property through the terms and conditions of the Municipality's Landlord Registration, Licensing and Occupancy Ordinance at Chapter 116 of the Municipal Code.
For the first violation of this chapter within a twelve-month period, violation tickets shall be issued in the amount of $25 as set forth in § 140-12.
For the second offense of a violation of this chapter within a twelve-month period, violation tickets shall be issued in the amount of $50 as set forth in § 140-12.
For the third and subsequent offense of a violation of this chapter within a twelve-month period, violation tickets shall be issued in the amount of $125 as set forth in § 140-12.
Any person who receives a violation ticket for any violations of this chapter may, within 15 days, admit the violation, waive the hearing, and pay the fine in full satisfaction.
Any person violating this chapter shall pay a fine as set forth herein for each offense plus all direct and indirect costs incurred by the Municipality for the cleanup and abatement of the violation.
If the person in receipt of a $25 violation ticket does not pay the fine or request a hearing within 15 days, the person will be subject to a penalty of $10 for days 16 through 30.
If the person in receipt of a $50 violation ticket does not pay the fine or request a hearing within 15 days, the person will be subject to a penalty of $25 for days 16 through 30.
If a person in receipt of a $125 violation ticket does not pay the fine or request a hearing within 15 days, the person will be subject to a penalty of $50 for days 16 through 30.
Failure for the person to make payment or request a hearing within 30 days of a violation ticket shall make the person subject to a citation for failure to pay.
For violations continuous or egregious, the Code Enforcement Officer or authorized public official has the right to issue a citation without first issuing a ticket, provided notice has been given. Upon issuance of four tickets for the same violation, the right is reserved for the issuance of a citation for the fifth and subsequent violations.
Citation fines. Any person, firm, or corporation who shall fail, neglect, or refuse to comply with any of the terms or provisions of this chapter, or any regulation or requirement pursuant hereto and authorized hereby, shall, upon conviction, be ordered to pay a fine of not less than $125 nor more than $1,000 on each offense or imprisoned no more than 90 days, or both.
Restitution. The Magisterial District Judge may order the violator to make restitution to said real or personal property owner for violations of the Quality of Life Ordinance.
A person in receipt of a violation ticket may appeal to the Quality of Life Appeals Officer by filing a request with the Code Enforcement Officer in writing within 15 calendar days of the date of the violation ticket.
In order for an appeal to be deemed valid and a hearing date/time to be set, the following must be performed by the alleged violator requesting the appeal within 15 calendar days of the date that the quality of life ticket was issued:
The appeal hearing will be held before the Quality of Life Appeals Officer or his/her designee. The Quality of Life Appeals Officer or his/her designee may uphold the appeal, deny the appeal, or modify the violation ticket and/or any associated costs, fines or penalty amounts he/she sees appropriate.
Subsequent appeals. Any subsequent appeal shall be filed with the Luzerne County Court of Common Pleas pursuant to 2 Pa.C.S.A. §§ 751 and 752.
At the discretion of the Municipality of Kingston, all tickets for which payment is not received within 45 days from the date of issuance of a ticket for which a hearing was not taken or for abatement costs that that have not been paid within 45 days from completion of the abatement for which a hearing was not taken, billing may be turned over by the Municipality to a collections agency for receipt.
At the discretion of the Municipality of Kingston, liens may be placed upon a property against which tickets were issued for which payment is not received within 45 days of the issuance of a ticket for which a hearing was not taken or for the recovery of abatement costs that have not been paid within 45 days from the completion of the abatement for which a hearing was not taken and the bills for the abatement are 45 days or more past due.
Any other ordinance provision(s) or regulation of the Municipality of Kingston inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares any section or provision of this chapter invalid, such decisions shall not affect the validity of any of the remaining provisions of this chapter.