[Adopted 9-13-2020 by Ord. No. 2801]
Lack of maintenance of properties, littering, improper storage
of trash and rubbish, storage of inoperable vehicles, high grass and
weeds, graffiti 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 Borough, which reduces business and tax revenue, inhibiting
economic development. The quality of life and community pride of the
citizens of Millvale 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 Borough by helping to create a clean environment for
the citizens of Millvale.
The following words, terms, and phrases, when used in this article,
shall be defined as follows, unless context clearly indicates otherwise:
A dead tree or tree that is dangerous or unsafe to the public
due to overgrowth, instability, infestation or harmful insects.
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.
Any 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:
Cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible or incapacitating illness.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
Any vehicle which presents a hazard or danger to the public
or is a 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 or jagged metal on or protruding from the body of the
vehicle.
Broken glass or windows on or in the vehicle.
Leaking of any fluids from the vehicle or deflated or flat tire(s).
Unsecured 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.
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 15 miles of the Borough
of Millvale designated to accept service on behalf of a legal owner
or operator of a regulated rental unit.
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:
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,
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 Borough
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 Borough or causes a blighting effect in Borough neighborhoods.
Every natural person, firm, corporation, partnership, association,
or institution.
Any police officer or public official designated by the Borough
of Millvale to enforce Borough ordinances.
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 bi-metal
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 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 the Borough of Millvale 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:
Exceed eight inches in height.
Exhale unpleasant noxious odors or pollen, such as ragweed,
dandelion, and miscellaneous other vegetation commonly referred to
as "weeds" or "brush."
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
Encroach onto neighboring properties by way of leaders or roots
without the property owners' consent.
May cause a 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.
Property nuisance violations are as follows:
(1)
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.
(2)
Animal maintenance and waste/feces cleanup. People owning, harboring,
or keeping an animal within the Borough of Millvale shall not permit
any waste matter/feces from the animal to collect and remain on their
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.
(3)
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.
(4)
High weeds, grass or plant growth. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of eight
inches. All noxious weeds shall be prohibited.
(5)
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.
(6)
Motor vehicles. It shall be unlawful to store, park, or place any
junk 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 an approved spray booth.
(7)
Outside placement of indoor appliances/furniture. It is prohibited
to store or place any appliances or indoor 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.
(8)
Snow and ice removal from sidewalks. Every owner, tenant, occupant,
lessee, manager, or any other person who is responsible for any property
within the Borough of Millvale, 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. Should any property be
a place of business within the Borough of Millvale, 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 or when the snow or
ice cessation happens during the hours of darkness, the time limit
of removal of all snow and ice begins at daybreak.
(9)
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, watertight, and made of metal or plastic. 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 after 5:00
p.m. the night before the day of the scheduled waste/trash pickup
day. Once the licensed hauler removes the waste/trash from any property,
all containers must be returned to the rear of any property before
8:00 a.m. on the day following pickup.
(10)
Storing of recyclable material. It shall be the responsibility
of the owner of all residential, commercial, and industrial property
to ensure storage, collection, and disposal of all recyclable material
from their property in such a manner not to create a nuisance. Storage
of recyclable material is only allowed in approved containers, which
must be kept clean and sanitary at all times.
(11)
Shrubs and bushes. Bushes and shrubs on all premises and exterior
property shall be maintained and kept in good order.
(12)
Dangerous trees. Dangerous trees shall be removed or treated
to abate the dangerous condition.
(13)
Defacement of property. No person shall willfully or wantonly
damage, mutilate or deface any exterior surface of any structure or
building on any private or public property by placing thereon any
marking, carving or graffiti. It shall be the responsibility of the
owner to restore said surface to an approved state of maintenance
and repair.
(14)
Construction without required permits. No person shall commence
construction or alteration of a building without first obtaining any
required building permits or zoning certificates from the Borough
prior to starting the project.
Upon finding a property nuisance violation, a public officer
may issue property nuisance violation ticket to the owner or occupant
of the property at issue or to the individuals known to have violated
this article.
A.
A violation ticket shall be served upon a violator by:
(1)
Handing it to the violator;
(2)
Handing it to an adult member of the household or other person in
charge of the residence at the residence of the person to be served;
(3)
Leaving or affixing the notice or violation ticket to the property
where the violation exists;
(4)
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
(5)
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 the Borough of Millvale and its citizens, upon issuance
of a property nuisance ticket, by correcting the violation in question.
If the violation is not corrected within 72 hours after the issuance
of a property nuisance ticket, the Code Enforcement Officer may issue
a second ticket.
B.
The Borough of Millvale or its contractor, per the direction of the
Borough, reserves the right to abate the violation in question at
the expense of the owner. If the Borough has effected 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 property nuisance ticket,
which will also be paid separately.
C.
In all instances where the Borough abates the violation, in addition
to the fine set forth in the property nuisance ticket, the Borough
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.
Borough of Millvale cleanup. The Borough reserves the right to perform
any necessary work to abate any violation once 48 hours passes from
the date of issuance of the property nuisance ticket. If the Code
Enforcement Officer determines the condition presents an imminent
risk of danger to the public, the Borough reserves the right to perform
the abatement immediately. The Borough will perform this work at a
rate of $75 per hour, per man, and forward the cost of any material
necessary for the abatement. The Borough 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 Borough reserves the right to direct a contractor
to perform the abatement of the violation in question once 48 hours
passes from the date of issuance of the property nuisance ticket.
Should the violation present imminent danger or pose a health hazard
or risk, the Borough reserves the right to direct the contractor to
perform the abatement immediately. The contractor will submit a bill
for its work to the Borough of Millvale, and the Borough will forward
these costs to the violator. The City reserves the right to add a
30% processing fee in addition to the cost of the contractor.
[Amended 10-11-2022 by Ord. No. 2813]
A.
Any person who violates this article shall pay a fine as set forth
by Borough resolution, plus all direct and indirect costs incurred
by the Borough for the cleanup and abatement of the violation.
B.
Failure of the person to make payment within 10 days of the date
a violation ticket shall result in the filing of a citation for failure
to pay with the Magisterial District Judge.
C.
Failure of the person to correct the underlying cause of the violation
ticket within 10 days, even if the violation ticket is paid, shall
results in a fine as set forth by Borough resolution, plus all direct
and indirect costs incurred by the Borough for the cleanup and abatement
of the violation.
(1)
If
the person continues to fail to correct the underlying issue cause
of the violation ticket, even if all violation tickets are paid, a
third ticket will be written and a fine assessed of not less than
$150 and not more than $500.
(2)
If
the person fails to correct the underlying cause of the violation
ticket, even if the fine is paid, then the Code Enforcement Officer
shall issue a citation for failure to correct the issue with the Magisterial
District Judge.
D.
If a violation
is continuous or unreasonably flagrant, a public officer has the right
to issue a citation without first issuing a ticket. Citations shall
be issued in accordance with the procedures outlined in the 2019 International
Property Code.
[Amended 10-11-2022 by Ord. No. 2813]
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any terms or provisions of this article, or
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 $150, and not more than $1,000 on each
offense, or be imprisoned no more than 90 days, or both.
The Magisterial District Judge may order the violator to make
restitution where appropriate, to pay the Borough's costs of collection/citation
proceedings, and to pay the Borough's reasonable attorneys' fees associated
with the prosecution of the same.
A.
All relevant ordinances, regulations, and policies of the Borough
of Millvale not amended shall remain in full force and effect.
B.
Any ordinance or part of an ordinance conflicting with the provisions
of this article shall be subordinate to this article to the extent
of such conflict, and the language contained in this article shall
control.
A.
If any section, clause, provision or portion of this article shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this article so long as it remains legally enforceable
minus the invalid portion.
B.
The Borough reserves the right to amend this article or any portion
thereof from time to time as it shall deem advisable in the best interests
of the promotion of the purposes and intent of this article and the
effective administration thereof.
