[Adopted 5-12-2009 by Ord. No. 5-2009]
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Plymouth, Luzerne County, Pennsylvania.
The official who is charged with the administrative enforcement
of this Code, or any duly authorized representative. The Code Official,
or any duly authorized representative, including any law enforcement
officer, shall have all authority necessary to enforce the provisions
of this act, including instituting summary citation proceedings.
The open space on the premises and on adjoining property
under the control of the owners or operators of such premises.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The presence within or contiguous to a structure or premises
of insects, rats, vermin or other pests.
A motor vehicle nuisance shall include any motor vehicle
which is unable to move under its own power and has any of the following
physical defects:
Broken windshields, mirrors or other glass with sharp edges.
One or more flat or open tires or tubes which could permit vermin
harborage.
Missing doors, windows, hoods, trucks, or other body parts which
could permit animal harborage.
Any body parts with sharp edges, including holes resulting from
rust.
Missing tires resulting in unsafe suspension of the motor vehicle.
Upholstery which is torn or open which could permit animal and/or
vermin harborage.
Broken headlamps or tail lamps with sharp edges.
Disassembled chassis parts apart from the motor vehicle stored
in a disorderly fashion or loose in or on the vehicle.
Protruding sharp objects from the chassis.
Broken vehicle frames suspended from the ground in an unstable
manner.
Leaking or damaged oil pan or gas tank which could cause fire
or explosion.
Exposed battery containing acid.
Inoperable locking mechanism for doors or trunks.
Open or damaged floor boards, including trunk and fire wall.
Damaged bumpers pulled away from the perimeter of vehicle.
Broken grill with protruding edges.
Loose or damaged metal trim and clips, broken antenna.
Suspended or unstable supports.
Such other defects which could threaten the health, safety and
welfare of the citizens of the Borough.
Expired Pennsylvania or other state required inspection.
Expired Pennsylvania registration.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the county as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of any such person and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
An individual corporation, partnership, or any other group
acting as a unit.
An Act 120-certified member of the Plymouth Borough Police
Department.
A lot, plot, or parcel of land, including the building or
structures thereon.
Includes the following:
The physical condition or use of any premises regarded as a
public nuisance at common law.
Any physical condition, use or occupancy of any premises or
appurtenances considered an attractive nuisance to children, including,
but not limited to, abandoned wells, shafts, basements excavations
and unsafe fences or structures.
Any premises which has unsanitary sewage or plumbing facilities.
Any premises designated as unsafe for human habitation or use.
Any premises which is manifestly capable of being a fire hazard
or are manifestly unsafe or unsecure as to endanger life, limb or
property.
Any premises from which the plumbing, heating and/or facilities
required by this Code have been removed or from which utilities have
been disconnected, destroyed or rendered ineffective or the required
precautions against trespassers have not been provided.
Any premises which is unsanitary or which is littered with rubbish
or garbage or which has an uncontrolled growth of weeds.
Any structure or building that is in a state of dilapidation,
deterioration or decay, faulty construction over crowded, open, vacant
or abandoned, damaged by fire to the extent as not to provide shelter,
in danger of collapse or failure and dangerous to anyone on or near
the premises.
Combustible or noncombustible waste materials except garbage,
and the term shall include the residue from 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.
That which is built or constructed, including without limitation
because of enumeration, buildings for any occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open-grade steps, sidewalks or stairways, tents
or anything erected and framed of component parts which is fastened,
anchored or rests on a permanent foundation or on the ground.
All residential, commercial and public properties within the
Borough of Plymouth shall maintain their exterior areas to the following
standards:
A.Â
Sanitation. All exterior property areas and premises shall be maintained
in a clean safe and sanitary condition, free from any accumulation
of rubbish or garbage.
B.Â
Containers. The operator of every establishment producing garbage,
a vegetable waste or other putrescible material shall provide, and
at all times cause to be used, leak-proof approved containers provided
with close fitting covers for the storage of such materials until
removed from the premises for disposal.
C.Â
Grading and drainage. All premises shall be graded and maintained
so as to prevent the accumulation of stagnant water thereon, or with
any structure located thereon. Stagnant water shall be determined
as any accumulation that has not be disbursed within seven day of
the last recorded local rainfall. Exception: water retention areas
and/or reservoirs approved by the Plymouth Borough Council, internal
and external flood control facilities of the Borough of Plymouth.
D.Â
Insect and rat control. An owner of a structure or property shall
be responsible for the extermination of insects, rats, vermin or other
pests in all exterior areas of the premises, except that the occupant
shall be responsible for such extermination in the exterior areas
of the premises of a single-family dwelling. Whenever infestation
exists in the premises of other than a single-family dwelling, extermination
shall be the responsibility of the owner.
E.Â
Weeds. All lots shall be maintained free from weeds or plant growth
in excess of 10 inches. All noxious weeds shall be prohibited. Weeds
shall be defined as all grasses, annual plants and vegetation other
than trees or shrubs; provided, however, that this term shall not
apply to cultivated flowers and gardens.
F.Â
Trees, bushes and shrubbery. An owner of a structure or property
shall maintain all trees, bushes and shrubbery on the premises so
that they do not create an unsightly or dangerous condition. Growth
of trees and shrubbery shall not extend over or beyond the property
lines of any premises. Trees, bushes and shrubs shall not be permitted
to grow to such a height that they present a threat to utilities,
including telephone, electric and cable television.
G.Â
Public nuisance. All exterior property areas and premises shall be
maintained in such a manner so as not to constitute a public nuisance.
H.Â
Snow removal. Any person, firm or corporation owning any property
within the Borough of Plymouth shall remove all accumulation of snow
or ice from the sidewalk area within 24 hours after the ceasing of
the snowfall or ice storm. A minimum safe pathway of 24 inches shall
be maintained on all sidewalk areas. No person, firm or corporation
shall deposit or cause to be deposited any snow, ice, hail, or sleet
upon and plowed portion of and state or Borough highway, street, alley
or road. The Plymouth Borough Council or any officer or employee of
the Borough of Plymouth designated thereby for the purpose, is hereby
authorized to give notice by either personal service, United States
Mail or by posting the property to the owner of any premises, informing
the owner that he is in violation of the provisions of this section,
and ordering said owner to immediately comply with such notice, the
Borough authorities may clear the premises of all snow or ice, and
the cost thereof, together with an additional penalty authorized by
the law, but not less than 20%, may be collected by the Borough of
Plymouth from such person, firm or corporation, in the manner provided
by law.
I.Â
Storage of junk and debris. No person, firm or corporation owning
property within the Borough of Plymouth shall permit the accumulation
or storage of any junk on said property. For the purpose of this article,
the term "junk" shall include any discarded material or article, including,
but not limited to, scrap metal, scrapped, abandoned or junked machinery;
paper and or glass waste. "Junk" shall not include refuse or rubbish
kept in a proper container for the purpose of prompt disposal.
J.Â
Storage of junk or abandoned vehicles. No person, firm or corporation
owning property within the Borough of Plymouth shall permit the outside
storage or deposit of any motor vehicle, recreational vehicle, or
parts thereof not displaying a valid current registration issued by
the Commonwealth of Pennsylvania, Bureau of Motor Vehicles, Department
of Transportation. The definition of "motor vehicle" set forth in
the Pennsylvania Motor Vehicle Code (75 Pa.C.S.A. § 101
et seq.) is incorporated by reference herein and made a part hereof;
provided, however, that this section shall not apply to the storage
of motor vehicles or parts thereof within a fully enclosed garage
or building, nor shall the provisions of this section apply to any
licensed inspection station, automotive repair garage or salvage yard.
K.Â
Retaining walls. Retaining walls constructed along property lines,
or to the front or rear of a property, or along any state highway,
Borough street, road or alley shall be maintained in good repair at
all times. Under no circumstance shall a property owner allow a retaining
wall to collapse onto any sidewalk, highway, street, road or alley.
The property owner shall bear all costs and responsibility for the
maintenance of the retaining wall, including its removal, should any
portion thereof become damaged or deteriorated.
A.Â
General. The Code Official shall enforce all provisions of this chapter.
B.Â
Notices and orders. The Code Official shall issue all necessary notices
and orders to abate illegal or unsafe conditions to ensure compliance
with this chapter's requirements for the safety, health and general
welfare of the public.
C.Â
Inspections. In order to ensure the safety, health and welfare of
the public, the Code Official is authorized to enter any structure,
premises or exterior property area at any reasonable time for the
purpose of making inspections and performing the duties of this chapter.
D.Â
Right of entry. If any owner, occupant or other person in charge
of a structure, premises or exterior property area subject to the
provision of this Code refuses, impedes, inhibits, interferes with,
restricts or obstructs entry and free access to any part of the structure
or premises where an inspection authorized by this chapter is sought,
the administrative authority shall be permitted to see, in a court
of competent jurisdiction, an order that such owner, occupant or other
person in charge shall cease and desist with such interference.
E.Â
Access by owner or operator. Every occupancy of a structure, premises
or exterior property area shall give the owner or operator thereof,
or agent or employee, access to any part of such structure, premise
or exterior property areas, at reasonable times for the purpose of
making such inspection maintenance, repairs, alterations as are necessary
to comply with the provisions of this chapter.
F.Â
Notice to the owner or to person or persons responsible. Whenever
the Code Official determines that there has been a violation of this
chapter, or has reasonable grounds to believe that a violation has
occurred, notice shall be given to the owner or the person or persons
responsible therefor in the manner described below.
G.Â
Manner of notice. The notice provided by the Code Official shall
be in writing and shall include a description of the real estate sufficient
for identification, including a statement as to the date, time and
place of inspection, a state of the reason or reasons why the notice
of violation shall cause to be issued, including reference to the
pertinent sections of this chapter, along with a correction order
which shall allow a reasonable time for the repairs and improvements
required to bring the structure, premises or exterior property area
into compliance with the provisions of this chapter.
A.Â
Unlawful acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, extend, repair, remove, demolish, use
or occupy any structure, premises or exterior property area, or cause
the same to be done, contrary to or in conflict with or in violation
of any of the provisions of this chapter.
B.Â
Penalty. Any person, firm or corporation who or which shall violate
any provision of this chapter shall, upon conviction thereof, be subject
to a fine of no more than $1,000, plus costs, and in default of payment
of said fine and costs to imprisonment for a term not to exceed 30
days. Each day that a violation continues after due notice has been
served, in accordance with the terms and provisions hereof, shall
be deemed a separate offense.
C.Â
Borough permitted to perform work. If the tenant, occupant, or owner
of the exterior property area permits or causes said property to be
maintained in violation of this chapter, the Borough may, after providing
said tenant, owner or occupant with 20 days' prior written notice,
correct the matter giving rise to the violation at Borough expense
and may thereafter collect all costs and expenses, plus and additional
10% administrative fee incurred in connection with correcting the
violation by filing a municipal claim or by an action in assumpsit.
The provisions of the article are declared to be severable and
if any sections, sentence, clause or phrase of this article shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this article, but they shall remain in effect,
it being the legislative intent that this article shall stand notwithstanding
the validity of any part.
All ordinances or parts of ordinances or resolutions conflicting
with the provisions of this article are hereby repealed to the extent
of such conflict.
