[HISTORY: Adopted by the Borough Council of the Borough of
Cheswick as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-17-1979 by Ord. No. 610]
As used in this chapter, the following words or phrases shall
have the meanings ascribed to them in this section:
Any item resting for two weeks or more with no known or apparent
owner, or which is inoperable, without current registration plates,
certificate or inspection, or is in such a condition as to be unusable.
A stove, refrigerator, television, furnace, water heater,
water softener, washer, dryer or mangle and household articles used
to perform any of the necessary work in or around a household, and
articles used in business to increase production or to speed, ease
or eliminate work.
Any vessel capable of transporting a person on any river,
stream, creek, lake or ocean.
All items which are too large to bag, can or bundle, including
furniture, scrap wood, large appliances, bricks, stone, furnaces,
automobile tires and automobile parts.
[Added 10-15-1985 by Ord.
No. 650]
All dead animals or parts of dead animals.
[Added 10-15-1985 by Ord.
No. 650]
Every refuse accumulation of animal, fish, fowl, food, fruit
or vegetable matter that attends the preparation, use, cooking, dealing
and/or storage of meat, fish, fowl, food, fruit or vegetable or any
other organic substance or substances subject to fermentation or decay,
including condemned foods, tin cans and bottles, broken glass or crockery
and cooking utensils.
[Added 10-15-1985 by Ord.
No. 650]
Include all items normally found or used in a home.
Items sold or to be sold for scrap, being stripped or being
used or sold for parts.
A natural person, the members of an unincorporated association,
all of the partners of a partnership and the officers and the Board
of Directors of a corporation.
All rags, paper, grass cuttings, household refuse, straw,
excelsior and such other refuse as may result from ordinary household
pursuits. Parts of trees, bundled, not more than four feet in length
and two inches in diameter are to be included as rubbish.
[Added 10-15-1985 by Ord.
No. 650]
A wheeled device used as a means of carrying, hauling or
conveying any vehicle, person, animal, object or boat.
An automobile, motorcycle, motorbike, minibike, bicycle,
go-cart, truck or other wheeled means of conveyance, motorized or
self-propelled.
All garbage, rubbish, bulk rubbish, dead animals, junk or
abandoned vehicles.
[Added 10-15-1985 by Ord.
No. 650]
[Amended 12-19-1989 by Ord. No. 672-C]
It shall be unlawful for any person to accumulate or store any
junk or abandoned vehicle, trailer, boat, appliance or household furnishing
on private or public property within the Borough of Cheswick, Allegheny
County, Pennsylvania. The initial determination as to the accumulation
or storage shall be made by the Borough Zoning Compliance Officer
or Borough Council.
[1]
Editor's Note: Former § 129-3, Additional prohibition
of accumulation, added 10-15-1985 by Ord. No. 650, was repealed 12-19-1989
by Ord. No. 672-C.
[Added 10-15-1985 by Ord.
No. 650; amended 12-19-1989 by Ord. No. 672-C]
Any person, owner or tenant who allows to accumulate or causes
to be dumped any rubbish, bulk rubbish, garbage, dead animals, junk,
abandoned vehicles or other waste material in or on any dwelling,
cellar, lane, alley, yard or vacant ground in the Borough of Cheswick
shall immediately, after notification by the Zoning Compliance Officer
that said person, owner or tenant is in violation of this chapter,
cause such dwelling, cellar, building, lane, alley, yard or vacant
ground to be cleared of any such material and thereafter keep the
aforesaid dwelling and ground clear and free from the same.
[Added 10-15-1985 by Ord.
No. 650; amended 12-19-1989 by Ord. No. 672-C]
If a person, owner or tenant is deemed to be in violation of
the provisions of this chapter and the Zoning Compliance Officer determines
that such violation constitutes a nuisance, the Zoning Compliance
Officer shall notify the person, owner or tenant of such nuisance,
and if the nuisance is not abated within five days after receipt of
such written notice, the Zoning Compliance Officer shall take any
necessary action needed for the abatement of such nuisance and shall
charge such person, owner or tenant a reasonable fee, plus a penalty
of 10% of such fee, and upon failure to pay such cost and penalty,
to collect the cost and penalty in the manner provided for by law
for the collection of municipal claims or by action of assumpsit or
relief by bill in equity.
[Amended 4-21-1987 by Ord. No. 659]
A.
Any person may, by applying for a special permit at the Cheswick
Borough Municipal Building and paying the fee therefor as set out
in a schedule of fees adopted and amended from time to time by resolution
of the Borough Council,[1] be permitted to work on any vehicle, trailer or boat, which is defined in § 129-1. The term of this permit shall not exceed 30 days.
[1]
Editor's Note: The schedule of fees is on file in the
office of the Borough Secretary.
B.
Any person may extend the above special permit an additional 30 days
by applying for such permit at the Borough of Cheswick Municipal Building
and paying the fee set out in a schedule of fees adopted and amended
from time to time by resolution of the Borough Council.[2] No permits will be extended after the above sixty-day
period.
[2]
Editor's Note: The schedule of fees is on file in the
office of the Borough Secretary.
[Amended 4-21-1987 by Ord. No. 659]
Any person may, by applying at the Cheswick Borough Municipal
Building and paying the annual fee provided for in the schedule of
fees adopted and amended from time to time by resolution of the Borough
Council,[1] receive a permit to store any vehicle, trailer or boat as defined in § 129-1, provided that such person maintain the area immediately surrounding such vehicle, trailer or boat. The above permit shall be renewable year after year.
[1]
Editor's Note: The schedule of fees is on file in the
office of the Borough Secretary.
[Amended 4-21-1987 by Ord. No. 659; 5-17-1988 by Ord. No. 663-C]
Any person violating any of the provisions of this chapter shall
be punishable, upon conviction thereof, by a fine of not less than
$50 nor more than $1,000, and costs of prosecution, for each offense
or, upon default in payment of the fine and costs, by imprisonment
in the county jail for not more than 30 days.
All prosecutions under this chapter shall be brought in the
name of the Borough of Cheswick before any District Justice and shall
be commenced by information and warrant, citation or complaint and
summons and shall be directed to and be served by a constable or other
proper person. Warrants shall be returnable forthwith, and upon such,
return-like proceedings shall be had as in the case of summary convictions.
[Adopted 4-17-2012 by Ord. No. 771-C]
That a certain document, three copies of which are on file in the office of the Borough Secretary of the Borough of Cheswick, being marked and designated as the International Property Maintenance Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough, in the State of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 129-11 of this article.
The following sections are hereby revised:
A.
Section 101.1. Borough of Cheswick.
B.
Section 103.5. See Resolution No. 4-12.
C.
Section 112.4. Shall be liable to a fine of not less than $50 or
more than $300.
D.
Section 302.4. In excess of six inches.
E.
Section 304.14. From the period from April 1 to October 31.
F.
Section 602.3. Shall supply heat during the period from October 1
to April 30.
G.
Section 602.4. Shall be supplied with heat during the period from
October 1 to April 30.
All references to code officials in the International Property
Maintenance Code shall be deemed to refer to the Borough's Zoning
Officer, who shall serve as the International Property Maintenance
Code official.
All fees referred to in the International Property Maintenance
Code shall be as set forth by the Borough pursuant to the Borough's
fee schedule set via resolution, to be amended from time to time.
All violations referred to in the International Property Maintenance
Code shall be deemed to refer to violations as set forth in the Borough
Code, 8 Pa.C.S.A. §§ 3321 and 3323.
All references to the Board of Appeals in the International
Property Maintenance Code shall be deemed to refer to the Borough's
Board of Appeals under the Uniform Construction Code, and that Board
of Appeals shall serve as the Board of Appeals for any appeals from
the International Property Maintenance Code.[1]
Any ordinance of the Borough of Cheswick in conflict herewith
is hereby repealed.
If any section, subsection, sentence, clause or phrase of this
article is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this article.
The Borough hereby declares that it would have passed this law, and
each section, subsection, clause or phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional.
Nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit of proceeding impeding in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 129-16 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
The Borough Secretary is hereby ordered and directed to cause
this legislation to be published as required by law.
This law and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
and be in full force and effect immediately from and after the date
of its final passage and adoption.
