[HISTORY: Adopted by the City Council of the City of Monessen 8-23-2018 by Ord. No. 5-2018. Amendments noted where applicable.]
This chapter shall be known as the City of Monessen "Quality
of Life Ordinance."
[Amended 8-11-2020 by Ord. No. 7-2020]
The lack of maintenance of properties, littering, improper storage
of trash and rubbish, storage of inoperable/nonregistered vehicles,
overgrowth of hedges, trees, and other vegetation, and accumulation
of snow and ice are costly problems that negatively impact the public
health, safety, and general welfare of the City residents and their
guests and contribute to the deterioration of property values and
general disorder in the City. These problems degrade the physical
appearance of the City, which reduces business and tax revenue, inhibiting
economic development. The quality of life and community pride of the
citizens of the City are negatively impacted by the occurrences and
existence of these activities. Recognizing these are community problems,
the purpose of this chapter is to promote the health, safety and general
welfare of the City by helping to create a clean environment for the
citizens of the City of Monessen.
The provisions of this chapter shall apply to all existing and
future properties and fixtures.
The following words, terms and phrases when used in this chapter
shall be defined as follows, unless context clearly indicated otherwise:
Any numerical sign, placard or any other display which identifies
the street address of any dwelling unit or stricture.
Any person 18 years of age or older.
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 or rodents.
Includes, but is not limited to, depositing of litter, depositing
durable goods (refrigerators, washers, dryers, televisions, air conditioning
units, etc.), small appliances, furniture, carpets, tires, vehicles,
vehicle parts and automotive products or other such municipal waste,
hazardous waste, residual waste and construction or demolition debris
on public or private property, except as authorized.
One or more rooms, including a kitchen or kitchenette and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Any and all pieces of furniture which are made only for inside
use, including, but not limited to, upholstered chairs, couches, sofas,
etc.
Includes any vehicle as defined in City Code § 375-21, or which presents a hazard or danger to the public or is a public nuisance by virtue of its state or condition of disrepair whether on private or public property.
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 or in the vehicle.
Leaking of any fluids 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.
Accumulation of debris, vegetation, leaves or leaf waste under
a vehicle on a City roadway.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also "nuisance
motor vehicle."
Any person who grants a lease or otherwise permits the use
of his real estate or portion thereof for a consideration, monetary
or otherwise.
Includes, but is not limited to, all waste material, garbage,
trash, i.e., wastepaper, 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, dirt, mud and yard waste that has been abandoned or improperly
discarded, deposited or disposed.
Includes 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 semi-trailers pulled thereby.
Any persons who lives in or has possession of, or holds an
occupancy interest in a dwelling unit; or any person residing in or
frequenting the premises of the dwelling unit with the actual or implied
permission of the owner or lessee.
Shall be defined in accordance with Chapter 127A of the Pennsylvania
Third Class City Code, § 127A01 as:
Conduct or property, or the condition or use of property, defined
or declared to be a public nuisance.
Conduct or property, or the condition or use of property, if
the Code Enforcement Officer determines that it endangers the health
or safety of, or causes hurt, harm, inconvenience, discomfort, damage
or injury to, a person or property in the City by reason of the conduct
or property or the condition or use of the property, being any of
the following:
A menace, threat or hazard to the general health and safety
of the community.
A fire hazard.
A building or structure that is unsafe for occupancy or use.
Property that is so inadequately or insufficiently maintained
that it diminishes or depreciates the enjoyment and use of other property
in its immediate vicinity to the extent that it is harmful to the
community in which the property is situated.
Unauthorized accumulations of garbage and rubbish and the unauthorized
storage of abandoned or junked automobiles or other vehicles on private
or public property, and the carrying on of any offensive manufacture
or business.
Any police officer, authorized inspector, or public official
designated by Mayor or Council to enforce City ordinances.
Includes 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.
Such materials may include, but not be limited to, aluminum cans,
ferrous and bimetal cans, glass containers, plastic bottles and containers,
and paper.
The total width of any land used, reserved or dedicated as
a street, alley, driveway, sidewalk or utility easement, including
curb and gutter areas.
That person (or persons) who has the use of real estate of
a landlord and is responsible for the giving of any type of consideration
or otherwise.
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.
The following shall be considered quality of life violations:
A.
Accumulation of rubbish, garbage, junk or litter. It shall be unlawful
for any person, business or entity to allow the accumulation of rubbish,
debris or garbage upon their property or premises, including but not
limited to the following:
(1)
All exterior property and premises, and the interior of every structure,
shall be kept free from any accumulation of waste, trash, rubbish,
debris or garbage.
(2)
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, TVs, computers or electronic components,
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 purposes of keeping the
item on the exterior of the property for a period of less than 24
hours for the purpose of maintaining the item or removing the item
from the real property.
(3)
Refrigerators and similar equipment, including, but not limited to,
washers, dryers, dishwashers and ranges not in operation shall not
be discarded, stored or abandoned on any premises without first removing
the doors.
B.
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, wastepaper, boxes or rags unless the storage of said materials
is in compliance with the applicable fire and/or building codes, and
at least 10 feet away from the public right-of-way.
C.
Storing of recyclables. Storage of recyclables is only permitted
in approved containers which must be kept clean and sanitary at all
times.
D.
Storage containers for waste or trash.
(1)
All containers that store waste or trash shall be durable, watertight
and made of metal or plastic, have tight fitting covers and must be
kept clean at all times.
(2)
All containers must be stored so that said containers are not visible
from the public right-of-way, or if there is no location to remain
nonvisible, the containers shall be stored in an orderly and neat
fashion.
(3)
Waste/trash containers may only be placed in front of any property
no earlier than 6:00 p.m. on the evening before the date scheduled
for pickup day, and all containers must be returned to their storage
area by 7:00 a.m. the day following pickup day.
(4)
All waste/trash must be stored so said waste/trash is not visible
from the public right-of-way.
E.
Littering, scattering rubbish or dumping. It shall be unlawful for
a person to litter, scatter or dump rubbish based on the following:
(1)
No person shall throw, dump, place, sweep or dispose of any litter,
waste, trash, garbage, tobacco product or rubbish upon any public
sidewalk, alley, street, bridge, public passageway, public parking
area, right-of-way or on any public property.
(2)
The improper disposal of rubbish or garbage or dumping or disposing
of rubbish or garbage on vacant, unoccupied, or other property is
prohibited.
F.
Motor vehicles.
(1)
It shall be unlawful to store, park, or place any unregistered, uninspected,
inoperative, unlicensed, junk or nuisance vehicle or trailer on any
premises not designed for that use, whether such premises shall be
public or private.
(2)
Painting of vehicles is prohibited unless conducted inside an approved
spray booth.
(4)
It shall be prohibited for any person to operate vehicle repairs
for profit in residential district, unless repairs for profit are
allowed as a result of a person being granted by a zoning variance
and license required to operate such a business in residential districts.
G.
Placement or littering by private advertising matter.
(1)
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, right-of-way or any public
property.
(2)
No person, group, organization or entity will hang, place or advertise
on any public property in any manner.
(3)
No person, group, organization or entity will hang, place or advertise
on any property that they do not have any ownership rights to without
written approval of said owner.
H.
Animal maintenance and waste/feces cleanup. People owning, harboring,
keeping or responsible for an animal within the City of Monessen:
(1)
Shall not permit them to run at large or make unreasonable noise.
(2)
Shall not allow waste matter/feces from the animal to collect or
remain on their property so as to cause or create an unhealthy, unsanitary,
dangerous or offensive living condition and shall clean it up on a
daily basis.
(3)
Shall clean up waste matter/feces from the animal deposited anywhere
else in the City immediately.
I.
Insects or vermin. Infestation of insects or vermin shall not be
allowed to continue, and the owner or occupant of any infested property
shall report same to the Police Department, and/or Code Enforcement
of the City and take appropriate steps to abate said infestation without
unnecessary delay. Failing to do so is a violation.
J.
High weeds, grass, plant growth, or standing water. All premises and exterior property shall be maintained free from weeds, or plant growth in excess of six inches as defined herein, and water shall not be allowed to stand or accumulate in a manner that would attract insects or vermin. Any violation of City Code Chapter 147 shall also be a violation of this part and ticketed as such.
K.
Snow and ice removal from sidewalks. Every owner, tenant, occupant,
lessee, property agent or any other person who is responsible for
any property within the City, is required to:
(1)
Remove any snow or ice from their sidewalk pursuant to City Code Chapter 340, Article II, § 340-6 et seq., and any violation thereof shall be considered a violation of this section and may also be enforced and ticketed as such. Pursuant to the Code, every owner, tenant, occupant, lessee, property agent or any other person who is responsible for any property within the City is required to remove hazardous conditions, as defined by the Code, within 24 hours after the appearance of such hazardous substance on the sidewalk, outdoor stairs, driveway, parking spaces and similar areas. In the case of snow, the twenty-four-hour period shall begin at the conclusion of the last snowfall.
(2)
Refrain from casting, discharging, throwing, shoveling or placing,
or causing to be cast, discharged, thrown, shoveled into or onto the
traveled portion of any street or alley, by any means whatsoever,
any snow, slush or ice.
L.
Swimming pools.
(1)
Swimming pools shall be maintained in good repair at all times. They
shall also be kept clean, safe, sanitary, and covered when not in
regular use.
(2)
It shall be unlawful for any person to install an in-ground pool,
aboveground pool, or temporary pool (inflatable, or any pool that
can be dismantled) without proper permits, inspections and safeguards
in place (fencing, locking gates or ladders, and proper electrical
grounding). Any pool that can hold 30 inches of water or more is subject
to permits, inspections and safeguards.
M.
Registration of tenants. It shall be unlawful for a landlord to allow tenants or occupants to reside or occupy within the City of Monessen without complying with the provisions and requirements set forth in City Code Chapter 308, entitled "Real Estate," and Chapter 313, entitled "Rental Property." Any violation of Chapter 313 shall be considered a violation of this section and ticketed as such.
N.
Permits and approvals.
(1)
It shall be unlawful for an owner or contractor to perform work to
a building or structure without a permit, where permits are required
under the City of Monessen Code of Ordinances, unless such performance
is exempt as defined under the Code.
(3)
Illegal signs/billboards. No person shall construct and display a
sign/advertisement without the appropriate approval and permit from
the City of Monessen.
O.
Property maintenance. Accessory structures, including detached garages, fences and walls, shall be maintained, structurally sound, in good repair and in compliance with the City's Property Maintenance Code, Chapter 289, § 289-1 et seq. Any violation of the City's Property Maintenance Code, shall be considered a violation of this section and may be ticketed as such.
Q.
Proper identification of properties. All persons owning or occupying
structures located on property situated in the City of Monessen shall
maintain adequate numerical signs or other display apparatus that
signifies the structure's proper street address. The displays
shall show the proper street number in its entirety. Numerical displays
shall be positioned in a manner, affixed to the structure, to be visible
from the public right-of-way. It shall be unlawful for persons owning
or occupying a structure to fail to install and/or maintain displays
as set forth above.
R.
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 sold 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.
S.
Dangerous trees. No person owning or occupying property in the City
of Monessen shall allow the presence of any tree on the property that
is considered dangerous and unsafe to the public by a Code Enforcement
Officer, due to overgrowth, instability, infestation, harmful insects
or a dead tree.
T.
Defacement of property.
(1)
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.
(2)
It shall be unlawful for any property owner to fail to restore any
surface that exhibits any mutilation or defacement on any exterior
surface on any structure they own located in the City of Monessen.
U.
Hedge, tree, and vegetation overgrowth. It shall be unlawful for
the owner(s) of real property to permit or cause hedges, trees, bushes,
or vegetation growing or located upon, along, or in front of his or
her respective real property to:
[Added 8-11-2020 by Ord.
No. 7-2020]
(1)
Overhang any portion of a public highway, street, alley, sidewalk,
or other public right-of-way at a height less than 12 feet, provided
that the City Engineer shall have the authority to designate a higher
clearance in any public right-of-way where heavy traffic or other
conditions make it expedient;
(2)
Overhang any portion of a public highway, street, alley, sidewalk,
or other public right-of-way so as to in any way obstruct the movement
of vehicular or pedestrian traffic; or
(3)
Interfere with the proper lighting of public highways, streets, and
alleys by streetlights.
Upon finding a quality of life violation, any public officer
of the City of Monessen, including but not limited to police officers
and Code Enforcement Officers or any other public officer as appointed
by Mayor and Council, may issue quality of life violation tickets
and/or citations to the owner and/or occupant of the property at issue
or the individual known to have violated this chapter.
A violation ticket may be served upon a violator by handing
it to the violator or his/her agent, by handing it 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 to any officer or usual place of business
of the violator, or to the person for the time being in charge thereof,
or by mailing the violation ticket to the violator's address
of record.
Each day a violation continues or is permitted to continue constitutes
a separate and distinct offense for which a separate violation ticket
may be issued and fine imposed.
Public officers are hereby authorized to promulgate rules and
regulations to implement and supplement the provisions of this chapter.
A.
Any person or business violating this chapter is hereby directed
to, upon issuance of a quality of life ticket, correct the violation
in question. Public officers are authorized and empowered to cause
a violation to be corrected.
B.
The City of Monessen reserves the right to abate the violation in
question at the expense of the property owner. If the City has effected
abatement of the violation, the cost thereof may be charged to the
owner of the property, tenant and/or offending party.
C.
In all instances where the City abates the violation, in addition
to the fine set forth in the quality of life ticket, the City 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.
The City 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 or public officer charged with enforcing
this chapter, present imminent danger and/or pose a health hazard
and/or risk, the City reserves the right to perform the abatement
immediately. The City will perform this work at a rate of $50 per
hour, per man and forward the cost of any material necessary for the
abatement to the property owner. The City 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.
The City reserves the right to direct a contractor to perform the
abatement of the violation once five business days pass 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 City
reserves the right to direct the contractor to perform the abatement
immediately. The contractor will submit a bill for his work to the
City of Monessen, and the City will forward these costs to the violator.
The City reserves the right to add a processing fee of $10 in addition
to the cost of the contractor.
A.
Any person who violates this Quality of Life Ordinance ("QOL") shall
pay a fine as set forth herein for each offense, plus all direct and
indirect costs incurred by the City for the cleanup of abatement of
the violation.
[Amended 8-11-2020 by Ord. No. 7-2020]
|
Violation
|
Description
|
Initial Fine
|
|---|---|---|
|
QOL-A
|
Accumulation of rubbish, garbage, junk or litter (§ 300-5A)
|
$25
|
|
QOL-B
|
Sorting of hazardous material (§ 300-5B)
|
$25
|
|
QOL-C
|
Storing of recyclables (§ 300-5C)
|
$25
|
|
QOL-D
|
Storage containers for waste or trash (§ 300-5D)
|
$25
|
|
QOL-E
|
Littering, scattering rubbish or dumping (§ 300-5D)
|
$25
|
|
QOL-F
|
Motor vehicles (§ 300-5E)
|
$25
|
|
QOL-G
|
Placement or littering by private advertising matter (§ 300-5G)
|
$25
|
|
QOL-H
|
Animal maintenance and waste/feces cleanup (§ 300-5H)
|
$25
|
|
QOL-I
|
Insects or vermin (§ 300-5I)
|
$25
|
|
QOL-J
|
High weeds, grass, plant growth, or standing water (§ 300-5J)
|
$25
|
|
QOL-K
|
Snow and ice removal from sidewalks (§ 300-5K)
|
$25
|
|
QOL-L
|
Swimming pools (§ 300-5L)
|
$25
|
|
QOL-M
|
Registration of tenants (§ 300-5M)
|
$25
|
|
QOL-N
|
Permits and approvals (§ 300-5N)
|
$25
|
|
QOL-O
|
Property maintenance (§ 300-5O)
|
$25
|
|
QOL-P
|
Sidewalks (§ 300-5P)
|
$25
|
|
QOL-Q
|
Proper identifications of properties (§ 300-5Q)
|
$25
|
|
QOL-R
|
Outside placement of indoor appliances/furniture (§ 300-5R)
|
$25
|
|
QOL-S
|
Dangerous trees (§ 300-5S)
|
$25
|
|
QOL-T
|
Defacement of property (§ 300-5T)
|
$25
|
|
QOL-U
|
Hedge, tree, and vegetation overgrowth (§ 300-5U)
|
$25
|
B.
For the first instance of a violation of this chapter within a twelve-month period, violation tickets shall be issued in the amount of $25 as set forth in the chart set forth in § 300-10A of this chapter.
C.
For the second violation of this chapter within a twelve-month period,
violation tickets shall be issued in the amounts of $50.
D.
For the third offense of a violation of this chapter within a twelve-month
period, violation tickets shall be issued in the amounts of $100.
E.
For each offense subsequent to three offenses of this chapter within
a twelve-month period, amounts of the violation tickets shall increase
in the amount of $150, accumulative for each subsequent offense.
F.
Upon issuance of four tickets for the same violation, the City reserves
the right to issue a citation for the first and subsequent offenses.
A.
-If the person, or entity, in receipt of a $25 violation does not
pay the fine or request a hearing within 10 calendar days, the person
or entity will be subject to a penalty of $10. Any person or entity
who does not pay the fine or request a hearing within 20 calendar
days will be subject to an additional penalty of $20.
B.
If the person, or entity, in receipt of a $50 violation does not
pay the fine or request a hearing within 10 calendar days, the person
or entity will be subject to a penalty of $20. Any person or entity
who does not pay the fine or request a hearing within 20 calendar
days will be subject to an additional penalty of $40.
C.
If the person or entity, in receipt of a $100 or more violation,
does not pay the fine or request a hearing within 10 calendar days
the person or entity will be subject to a penalty of $50. Any person
or entity who does not pay the fine or request a hearing within 20
calendar days will be subject to an additional penalty of $75.
D.
Failure of the person or entity to make payment or request a hearing
within 30 calendar days of a violation ticket in any amount shall
be issued a citation for failure to pay.
Any person, firm or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this chapter,
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 no 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, to pay the City's costs of collection/citation
proceedings, and to pay the City's reasonable attorney's
fees associated with the prosecution of the same.
At the discretion of the City, all tickets and costs of abatement
for which payment is not received within 45 days of issuance may be
turned over by the City to a collections agency for receipt. The City
may place liens on properties wherein a nuisance was removed and abated,
pursuant to 53 P.S. § 7101 et seq.
The penalty and collection provisions of this section shall
be independent, non-mutually exclusive separate remedies, all of which
shall be available to the City of Monessen as may be deemed appropriate
for carrying out the purposes of this chapter. The remedies and procedures
provided in this chapter for violation hereof are not intended to
supplant or replace, to any degree, the remedies and procedures available
to the City in the case of a violation of any City of Monessen code
or ordinance, whether or not such other code or ordinance is referenced
in this chapter and whether or not ongoing violation of such other
code or ordinance is cited as the underlying ground for a finding
of a violation of this chapter.
The terms, provisions and applications of this chapter are severable.
If any provision of this chapter or application thereof to any person
or circumstance is held invalid, such holding shall not affect the
remaining provisions of applications of this chapter. The remaining
provisions and/or applications of this chapter shall remain in full
force and effect without the invalid provision or application.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed to the extent of such inconsistency.
This chapter shall become effective immediately upon approval
because it is an ordinance providing for the preservation of public
peace, health, morals, and safety.
