This article shall be known and cited as the "Borough of Mt. Jewett Property Maintenance Ordinance."
Recognizing the need within the Borough of Mt. Jewett to establish certain minimum health and safety requirements for those buildings, structures or properties which are used or associated with human occupancy, this article hereby establishes standards which the Council of the Borough of Mt. Jewett considers to be fair and essential in meeting those minimum requirements.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
A roofed structure, enclosed by one or more walls, for the shelter, housing, storage or enclosure of persons, goods, materials equipment or animals.
COURT
An open and unoccupied space on a lot enclosed on at least three sides by the walls of a building.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
INFESTATION
The presence of insects, rodents, vermin and/or other pests.
LOT
Plot, tract, premises or parcel of land, with or without improvements thereto.
OWNER
Any person or persons, jointly or severally, firm, corporation or other entity which, either by conveyance or inheritance or otherwise, is vested with the title to a lot and/or improvements thereto or who retains the exclusive control of such a lot and/or improvements thereto in his capacity as a legal representative, such as an administrator, trustee, executor, etc.
REFUSE
All putrescent and nonputrescent solid wastes, including garbage, rubbish, ashes, household wastes, glass, metal, dead animals and market and industrial wastes.
UNOCCUPIED HAZARD
Any building, or part thereof, or man-made structure, which remains unoccupied for a period of more than six months, with either doors, windows or other openings broken, removed, boarded or sealed up or any building under construction upon which little or no construction work has been performed for a period of more than six months.
YARD
Any open space on the same lot with a building and, for the most part, unobstructed from the ground up.
The provisions of this article shall supplement local laws, ordinances or regulations existing in the Borough of Mt. Jewett or those of the Commonwealth of Pennsylvania. Where a provision of this article is found to be in conflict with any provision of a local law, ordinance, code or regulation or those of the Commonwealth of Pennsylvania, the provisions which are more restrictive or which establish the higher standard shall prevail.
A. 
No owner of any building or structure shall fail to take steps and perform such maintenance thereto, as may be required from time to time, to ensure the property is safe, sound, sanitary and secure and does not present a health and/or safety hazard to surrounding properties and to the general populace.
B. 
No owner of any unoccupied building or structure shall fail to take such steps as may be required to ensure that these are securely closed so as to prohibit and deter entry thereto and to ensure that not health and/or safety hazard, or threat thereof, is precipitated due to a lack of maintenance or due to neglect.
C. 
Owners of any and all unoccupied buildings and/or structures which, through neglect, have deteriorated to the point of being classified as unoccupied hazards, and therefore constitute a severe health and/or safety hazard, shall, upon direction of the Council of the Borough of Mt. Jewett, remove, or cause the removal of, the building and/or structure.
No person shall permit:
A. 
Fences and/or minor structures to be constructed and maintained so as to represent a safety or health hazard to persons and/or property.
B. 
The development or accumulation of garbage, refuse, hazards, rodent harborage and/or infestation upon yards, courts, lots.
C. 
Objectionable materials to accumulate and to be blown about the surrounding neighborhood.
D. 
Cesspools, cisterns, sedimentation ponds, stormwater management impoundment ponds or a similar nature to remain open with adequate fencing or barricades to prevent access thereto by the general public.
E. 
The accumulation of heavy undergrowth and/or vegetation which would impair the health and/or safety of the neighborhood; nor shall they permit any trees, plants or shrubbery, or any portion thereof, to grow on their property and which constitute a safety hazard to pedestrian and/or vehicular traffic.
A. 
Grounds, buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation.
B. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse.
C. 
Where there exists rodent and vermin infestation, corrective measures shall be undertaken by the property owner and/or occupant to alleviate the existing problem(s), to include screening, extermination and/or garbage and refuse control. Methods employed for extermination shall conform to generally accepted practices.
No person shall permit:
A. 
Any refrigerator, freezer, appliance and/or other similar storage chest to be discarded, abandoned or stored in any place or location which is accessible to the general public without first completely removing any and all locking devices and/or doors.
Any occupant of a premises shall be responsible for compliance with the provisions of this article with respect to the maintenance of that part of the premises which he occupies and/or controls in a safe, sound and/or sanitary condition, pursuant to the terms of the contract/agreement under which he exercises occupancy and/or control thereof.
A. 
Owners of premises shall comply with the provisions of this article as well as operators and occupants regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.
B. 
In instances where an occupant is responsible, or shares responsibility with an owner, for the existence of one or more violations of this article, said occupant shall be deemed responsible and treated as if an owner within the true intent and meaning of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Borough police, Borough Code Enforcement Officer, or his/her designee is authorized to enter on the premises for the purpose of inspection and/or investigation of any and all premises, properties, buildings and/or structures located within the Borough of Mt. Jewett for ascertaining the existence of violations. In those matters where the nature of any alleged violation is such that an inspection of the interior of a building or structure is necessitated, prior arrangements must be made with the owner, or his agent, to secure access thereto.
A. 
If a noncompliance with the provisions of this article constitutes a nuisance, or if any condition, structure or improvement poses a threat to the health, safety or welfare of the public, a written notice shall be issued and served by registered or certified mail or personal service upon the owner of said premises, or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
B. 
Said notice shall specify the condition or structure or improvement complained of, and shall require the owner to commence to remove or otherwise rectify the condition or structure or improvement as set forth therein within 10 days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time.
If the owner does not comply with the notice to abate the nuisance or the conditions stated in the notice, within the time limit prescribed, the Borough of Mt. Jewett shall have the authority to take measures to correct the conditions and collect the cost of such corrections, plus 10% of all costs. The Borough of Mt. Jewett, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of McKean County.
If the premises are owned by more than one owner, each owner shall severally be subject to prosecution for the violation of this article.
The remedies provided herein for the enforcement of this article, or any remedy provided by law, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively, at the option of the Council of the Borough of Mt. Jewett.