[Adopted 3-10-2020 by Ord. No. 03102020]
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 Township, which reduces business and
tax revenue, inhibiting economic development. The quality of life
and community pride of the citizens of German 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 Township by helping
to create a clean environment for the citizens of German.
The following words, terms, and phrases, when used in this article,
shall be defined as follows, unless context clearly indicates otherwise:
A litter collection receptacle which is placed on the public
right-of-way or on public property by the Township for use by the
public to deposit small quantities of handheld 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 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.
Aany 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:
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 Township
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 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 post 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
German Township 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 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 Township
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 Township, or causes a blighting effect in Township
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 police officer, code enforcement officer, zoning officer,
authorized inspector, or other public official designated by the Township
to enforce the Township ordinances.
Any conditions or premises which are unsafe or unsanitary.
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 as 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 German Township 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 vegetation, 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 property owners' consent; and/or
5) 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 violation of this article shall be defined as any violation
of the German Township 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 German Township. In addition thereto,
the following actions, activities and/or conduct shall be deemed to
be a violation of this article:
A.
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.
B.
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.
C.
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 materials
is stored in compliance with the applicable Building Codes.
D.
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, which are considered a violation
of this article.
E.
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.
F.
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 German Township.
G.
Township
permits to be displayed and followed. All Township 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 road
way. 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 Township provides
notice to a property owner that a permit is necessary, any additional
work to the property shall allow the Township to fine the property
owner and/or the person(s) performing the work for violation of this
article.
H.
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.
Animal maintenance
and waste/feces clean-up. People owning, harboring, or keeping an
animal within German Township 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.
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
German Township ordinance(s) governing garbage/waste collection and
disposal shall be deemed to be a violation of this article.
K.
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.
L.
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.
M.
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.
N.
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.
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 German Township 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. 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 article will be a violation
of this article.
P.
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, water-tight, made of metal or plastic, and otherwise be
in compliance with the German Township 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 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.)
Q.
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.
R.
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.
S.
Snow and
ice removal.
(1)
Every
owner, tenant, occupant, lessee, property agent, or any other person
who is responsible for any property within German Township 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.
(2)
Should
any property be a place of business within German Township, 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 of removal of all snow and ice begins at daybreak.
(3)
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 German Township.
T.
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.
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 German Township ordinance(s) and regulations
governing the burning of solid waste.
Upon finding a quality of life violation, any public officer
of German Township, 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 German
Township 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 Township Code Enforcement Officer in order that
the Township shall be compensated for both direct and indirect costs
and expenses incurred.
B.
German Township
and/or its contractor, per the direction of the Township, reserves
the right to abate the violation in question at the expense of the
owner. If the Township 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.
In all instances
where the Township abates the violation, in addition to the fine set
forth in the quality of life ticket, the Township 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.
German Township
cleanup. The Township 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 Township reserves the
right to perform the abatement immediately. The Township 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 Township 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 Township reserves the right to direct a contractor to
perform the abatement of the violation in quest ion 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 Township reserves the right to direct the contractor
to perform the abatement immediately. The contractor will submit a
bill for their work to German Township and the Township will forward
these costs to the violator. The Township reserves the right to add
a processing fee of 30% 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 Township
for the cleanup and abatement of the violation.
(1)
Violation;
description; fine:
(a)
QOL-000,
Violation of property maintenance code: $100; 48 hours unless an imminent
public hazard or nuisance is present.
(b)
QOL-001,
Operating a food cart illegally: $100; immediate.
(c)
QOL-002,
Operating or vending without the proper permit/license: $100; immediate.
(d)
QOL-003,
Storing of hazardous material: $100; immediate.
(e)
QOL-004,
Storing or serving potentially hazardous food: $100; immediate.
(f)
QOL-005,
Violating the terms of any vending license: $100; immediate.
(g)
QOL-006,
Temporary dumpster permit required: $100; immediate.
(h)
QOL-007,
Township permit to be displayed: $100; immediate.
(i)
QOL-008,
Accumulation of rubbish or garbage: $50; 48 hours.
(j)
QOL-009,
Animal maintenance and waste/feces clean-up: $50; 48 hours.
(k)
QOL-010,
Disposal of rubbish or garbage, dumping: $50; 48 hours (any other
violation of a garbage/waste disposal and removal ordinance: immediate).
(l)
QOL-011,
High weeds, grass or plant growth: $50; 48 hours.
(m)
QOL-012,
Littering or scattering rubbish: $50; 48 hours.
(n)
QOL-013,
Motor vehicles: $50; 48 hours.
(o)
QOL-014,
Outside placement of indoor appliances/furniture: $50; 48 hours.
(p)
QOL-015,
Ownership presumption of waste, trash and/or recyclables for illegal
dumping and illegal hauling: $50; 48 hours.
(q)
QOL-016,
Storage containers for waste or trash: $50; 48 hours.
(r)
QOL-017,
Storing of recyclables: $50; 48 hours.
(s)
QOL-018,
Placement of littering by private advertising matter: $50; 48 hours.
(t)
QOL-019,
Snow and ice removal from sidewalks: $50; Subsection S(1) and (2),
48 hours; Subsection S(3), immediate.
(u)
QOL-020,
Swimming pools: $50; 48 hours.
(v)
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, 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
on each offense, or 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 German Township Board of Appeals, by application filed at the
German Township Municipal Building within 10 days of the issuance
of the ticket hereunder. The German Township Appeals Board for appeals
hereunder shall be the same appeals board designated by the German
Township 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.
