[HISTORY: Adopted by the Borough Council of the Borough of
Summit Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-12-2012 by Ord. No. 2-2012]
This article shall be titled and may be referred to as the "Property
Maintenance Code of the Borough of Summit Hill."
Summit Hill Borough hereby adopts, as amended below, the International
Property Maintenance Code, as published by the International Code
Council, as the Property Maintenance Code of Summit Hill Borough as
authorized by 8 Pa.C.S.A. § 1202.
A.
The following amendments are hereby made to the following sections
of the International Property Maintenance Code as said Code shall
be applicable in Summit Hill Borough:
(1)
Section 101.1: Insert: Borough of Summit Hill.
(2)
Section 103.5: Insert: Schedule of permit fees; the fees for activities
and services performed by this department in carrying out its responsibilities
under this code shall be in accordance with the Fee Schedule as established
by the Borough of Summit Hill, by resolution.
(3)
Section 104.1: Amend to read as follows: Summit Hill Borough may
appoint a Code Official from time to time by resolution to enforce
the provisions of this code. The Code Official shall have the authority
to render interpretations of this code and to adopt policies and procedures
in order to clarify the application of its provisions. Such interpretations,
policies and procedures shall be in compliance with the intent and
purpose of this code. Such policies and procedures shall not have
the effect of waiving requirements specifically provided for in this
code. Nothing contained herein shall preclude the Summit Hill Borough
police from enforcing the terms of this article or prohibit the Borough
from instituting actions in law and equity to enforce the provisions
of this code.
(4)
Section 106.2: Amend to read as follows: Notice of violation. The
Code Official may serve a notice of violation or order in accordance
with Section 107.
(5)
Section 106.3: Prosecution and violations. Any person failing to
comply with a notice, violation or order served in accordance with
Section 107 shall be deemed guilty of a summary offense, and a violation
shall also be deemed with strict liability offense. If the notice
of violation is not complied with, the Code Official may institute
a summary proceedings before a Magisterial District Judge under the
Pennsylvania Rules of Criminal Procedure or the municipality may seek
the appropriate remedy at law or in equity to restrain, correct or
abate such violation or to require the removal or termination of the
unlawful condition or occupancy of the structure in violation of the
provisions of the code or of the order or direction made pursuant
thereto. Any action taken by the authority having jurisdiction on
such premises shall be charged against the real estate on which the
structure is located and shall be a lien upon such real estate.
(6)
Section 106.4: Amend to read as follows: Any person who violates
or permits the violation of any provision of this article shall, upon
conviction thereof in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure
be guilty of a summary offense and shall be subject of a fine of not
less than $100 not more than $1,000 plus the cost of prosecution and
restitution of the costs of the Code Official. A default of payment
thereof, the defendant may be sentenced to imprisonment in a county
prison for not more than 30 days. Each section of this article violated
shall constitute a separate offense, and each day or portion thereof
in which the violation of the article is found to exist shall constitute
a separate offense each of which shall be punishable by a separate
fine imposed by the Magisterial District Judge of not less than $100
and not more than $1,000, plus the cost of prosecution, or, upon default
of payment thereof, the defendant may be sentenced to imprisonment
in a county prison for a term not more than 30 days.
(7)
Section 107.2: The notice form as stated in this section is adopted
in its entirety except Subpart 5, relating to informing the property
owner of the right to appeal, which subpart shall only be required
when a condemnation is sought under Section 108 or a demolition is
sought under Section 110.
(8)
Section 107.3: Amend to read as follows: Method of service. Such
notice shall be deemed to be properly served if a copy thereof is:
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1.
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Delivered personally;
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2.
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Sent by certified and first class mail to the last known address;
or
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3.
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If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the structure affected by such notice. (Nothing contained herein shall
prevent the effectuation of service of the notice by regular and certified
mail and posting the property simultaneously.)
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(9)
Section 108.1: General. whenever a structure or equipment is found
by the Code Official to be unsafe or when a structure is found unfit
for human occupancy or is found unlawful, such structure may be condemned
pursuant to the provisions of this code.
(10)
Section 108.2: If the structure is vacant and unfit for human
habitation and occupancy, and is not in danger of structural collapse,
the Code Official is authorized to post a placard of condemnation
on the premises and order the structure closed up so as not to be
an attractive nuisance. Upon failure of the owner to close up the
premises within the time specified in the order, the Code Official
through the Borough may cause the premises to be closed and secured
through any available public agency or by contract or arrangement
by private person and the cost of that shall be charged against the
real estate upon which the structure is located and shall be a lien
upon such real estate and may be collected by any other legal resources.
(11)
Section 108.6: Amend to read as follows: The owner, operator
or occupant of a building, structure, premises or equipment deemed
unsafe or unfit for human occupancy or use by the Code Official may
abate or cause to be abated or corrected such conditions rendering
the building, structure, premises or equipment unsafe or unfit either
by repair, rehabilitation, demolition or other approved action. If
the owner, operator or occupant fails to abate or correct such conditions
within a reasonable time, the Code Official may cause the abatement
or correction to occur, either through an available public agency
or by contract or arrangement with private persons, and the cost of
such abatement or correction may be charged against the owner or the
real estate upon which the building, structure, premises or equipment
is located, and shall be a lien upon such real estate.
(12)
Section 109.2: Temporary safeguards. Notwithstanding other provisions
of this code, whenever, in the opinion of the Code Official, there
is imminent danger due to an unsafe condition, the Borough may order
the necessary work to be done, including the boarding up of openings
to render such structure temporarily safe whether or not legal procedures
herein described have been instituted and may cause such other action
to be taken as deemed necessary to meet such emergency.
(13)
Section 109.3: Closing streets. When necessary for the public
safety as determined by the Code Official, the Borough may temporary
close structures and close and order to close the sidewalk, streets,
public ways and places adjacent to unsafe structures and prohibit
the same from being utilized.
(14)
Section 109.4 Emergency repairs. For the purposes of this section,
the Borough may employ the necessary labor and materials to perform
the required work as expeditiously as possible.
(15)
Section 109.5: Costs of emergency repairs. Costs incurred in
the performance of the emergency work may be paid by the Borough.
The legal counsel of the Borough may institute appropriate action
against the owner of the premises where the unsafe structure is or
was located for the recovery of such costs.
(16)
Section 110.1: General. The Code Official may order the owner
of any premises upon which is located any structure which, in the
Code Official's judgment after review, is so deteriorated or dilapidated
or has become so out of repair as to be dangerous, unsafe, insanitary
or otherwise unfit for human habitation or occupancy, and such that
it is unreasonable to repair the structure, to demolish and remove
such structure; or if such structure is capable of being made safe
by repairs, to repair and make safe and sanitary, or to board up and
hold for future repair or to demolish and remove at the owner's option;
or where there has been cessation of normal construction of any structure
for a period of more than two years, the Code Official may order the
owner to demolish and remove such structure, or board up until future
repair. Boarding the building up for future repair shall not extend
beyond one year, unless approved by the Building Official.
(17)
Section 110.3: Failure to comply. If the owner of the premises
fails to comply with a demolition order in the prescribed time, the
Borough may cause the structure to be demolished or removed.
(18)
Section 111.1: Amend to read as follows: Any person directly
affected by a decision of the Code Official or a notice or order issued
under this code relating to a condemnation under Section 108 or a
demolition under Section 110 shall have the right to appeal to the
Board of Appeals, provided that a written application for appeal is
filed with the Borough Secretary within 20 days after the day the
decision, notice or order was served. An application for appeal shall
be based on a claim that the true intent of this code or the rules
legally adopted thereunder have been incorrectly interpreted, the
provisions of this code do not fully apply, or the requirements of
this code are adequately satisfied by other means.
(19)
Section 111.2: Amend to read as follows: Membership of Board.
The Board of Appeals shall consist of the members of the Summit Hill
Borough Council. The Code Official shall be an ex officio member but
shall have no vote on any matter before the Board.
(20)
Section 111.2.1: Amend to read as follows: The Summit Hill Borough
Council may appoint two or more alternate members from time to time,
by resolution, who shall be called by the Board Chairman to hear appeals
during the absence or disqualification of a member.
(21)
Section 111.2.4: Amend to read as follows: The Summit Hill Borough
Council shall designate from time to time, by resolution, a qualified
person to serve as Secretary to the Board, who may be an employee
of the Borough. The Secretary shall file a detailed record of all
proceedings with the Summit Hill Borough Council.
(22)
Section 111.2.5: Amend to read as follows: Compensation of members
of the Appeal Board, the Secretary of the Appeal Board, and the Solicitor
to the Appeal Board, if any, shall be provided for by Summit Hill
Borough Council from time to time by resolution.
(23)
Section 111.4.1: Amend to read as follows: The Appeals Board
shall conduct a hearing consistent with requirements of due process,
but strict compliance with rules of evidence shall not be required.
(24)
Section 111.5: Amend to read as follows: A hearing shall be
scheduled before the Appeals Board within 60 days of the filing of
the application for appeal. Any party may request a reasonable continuance
of the hearing for good cause shown, and the Appeals Board shall decide
any requests for continuance.
(25)
Section 111.6.1: Amend to read as follows: Any hearing before
the Appeals Board shall be stenographically recorded. The decision
of the Board shall be in writing, with copies furnished to the appellant
or his legal representative and to the Code Official, and shall be
filed with the Borough Secretary. The decision shall be made within
30 days of the final hearing, but no later than 120 days from the
date the appeal was filed, unless extension of these date are agreed
upon by both the appellant or his legal representative and the Code
Official on the record at one of the hearings or in writing addressed
to the Appeals Board. Failure to file a timely decision shall constitute
a granting or sustaining of the appeal.
(26)
Section 111.6.2: Amend to read as follows: The Code Official
shall take immediate action in accordance with the decision of the
Board, subject to the rights specified in Section 111.7 below.
(27)
Section 111.7: Amend to read as follows: Appeals from the decision
of the Appeals Board shall be made pursuant to the Local Agency Law.
(28)
Section 112.4: Insert: $100 and $1,000.
(29)
Section 202: General definitions. the following definitions
are amended to read as follows:
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Code Official. The official who is charged with the administration
and enforcement of this code or any duly authorized representative
including dual enforcement of this article by the Borough's Police
Department.
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Owner. A person, agent, operator, firm or corporation having
a legal or equitable interest in the property; or recorded in the
official records of the state, county or municipality as holding title
to the property; or otherwise having control of the property, including
the principals of a limited liability company or officer, director
or shareholder of a corporation if that individual is responsible
for the management and 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 be a court.
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Person. An individual, corporation, partnership or any other
group acting as a unit. Wherever the term "person" is used throughout
this article, is intended to include the owner of the property as
defined above.
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(30)
Section 302.3: Shall read as follows: 302.3 Sidewalks and driveways.
All sidewalks, walkways, stairs, driveways, parking spaces and similar
areas for public use shall be kept in a proper state of repair, free
of all snow, ice, mud, overhanging trees, shrubs, and other debris
which obstruct walkways shall be maintained free of hazardous conditions.
Removal of snow and/or ice is to be accomplished so that a walkway
of at least three feet in width shall be cleared along the entire
extent of such sidewalk within 24 hours after the same has ceased
to fall or to be formed.
(31)
Section 302.4: Insert: 10 inches.
(32)
Section 303.3: Amend to read as follows: All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas for public use
shall be kept in a proper state of repair, free of all snow, ice,
mud, overhanging trees, shrubs, and other debris which obstruct walkways
shall be maintained free of hazardous conditions. Removal of snow
and/or ice is to be accomplished so that a walkway of at least three
feet in width shall be cleared along the entire extent of such sidewalk
within 24 hours after the same has ceased to fall or to be formed.
(33)
Section 304.14: Amend to read as follows: Every door, window
and other outside opening required for ventilation of food preparation
areas, food service areas or any areas where products to be included
or utilized in food for human consumption are processed, manufactured,
packaged or stored shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch [(16 mesh fitting screens
of not less than 16 mesh per inch (16 mesh per 25 mm)], and every
screen door used for insect control shall have a self-closing device
in good working condition.
(34)
Section 602.3: Insert: from October 1 to May 15.
(35)
Section 602.4: Insert: from October 1 to May 15.
(36)
Section 705: Addition of the following section: Any residential
rental unit as defined as any dwelling unit or structurally enclosed
area including or limited to be used as the living quarters for one
or more individuals and not occupied by the owner thereof shall have
installed adjacent to any sleeping area a carbon monoxide (CO) detector.
The provisions relating to the source of power set forth in Section
704.3 above shall apply to carbon monoxide detectors.
All prior ordinances inconsistent with any provision of this
article are repealed to the extent necessary to give effect to the
provisions of this article. Since this article is meant to consolidate
all prior ordinances relating to the International Property Maintenance
Code, all other Property Maintenance Code ordinances of the Borough
of Summit Hill are specifically repealed.
If any section, subsection, sentence, clause, phrase or portion
of this article is found to be unconstitutional, illegal or unenforceable,
such section, subsection, sentence, clause, phrase or portion of this
article shall be deemed separate, distinct and independent from the
remainder of this article.
This article shall take effect immediately or on the first day
allowed by law, whichever is sooner, after enactment.
[Adopted 10-14-2013 by Ord. No. 2-2013]
Lack of maintenance of properties, improper storage of trash
and rubbish, storage of inoperable/nonregistered vehicles, 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 Summit Hill 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 Summit Hill.
The following words, terms, and phrases, when used in this article,
shall be defined as follows, unless context clearly indicates otherwise:
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:
Waste which would be chemically or physically classified
as a hazardous waste, but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection, and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations. Such HHW materials meet one of the
following four classifications: toxic, flammable, reactive, or corrosive.
HHW consists of numerous products that are common to the average household,
such as pesticides and herbicides, cleaners, automotive products,
paints, and acids.
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
Any vehicle which presents a hazard or danger to the public
or is a public 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 and/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 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.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also the definition
of "motor vehicle nuisance."
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, and dirt, mud and yard waste that has been abandoned or
improperly discarded, deposited, or disposed.
Any person residing or working within the Borough of Summit
Hill designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
A vendor or seller of food and/or goods from a vehicle or
other conveyance upon the public streets or alleys of the Borough
that does not typically remain stationary for more than approximately
10 minutes each hour.
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:
Broken windshields, mirrors, or other glass, with sharp edges.
Broken headlamps, taillamps, bumpers, or grills with sharp edges.
Any body parts, truck, fire wall, or floorboards with sharp
edges or large holes resulting from rust.
Protruding sharp objects from the chassis.
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
Any vehicle suspended by blocks, jacks, or other such materials
in a location which may pose a danger to the public, property owners,
visitors, or residents of the property on which said vehicle is found.
Any excessive fluids leaking from vehicle which may be harmful
to the public or the environment.
Disassembled body or chassis parts stored in on or about the
vehicle.
Vehicles that do not display a current valid license and registration.
Such other defects which the Fire Department determines to be
a danger to the general public or property.
Motor vehicles parked, drifted, or otherwise located which may
interfere with flow of pedestrian or automobile traffic or impede
emergency efforts.
Any garbage, refuse, industrial, lunchroom, or office waste,
and other material, including solid, liquid, semisolid, or contained
gaseous material, resulting from operation or 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.
See also the definition of "public nuisance."
A person, agent, operator, firm or corporation having a legal
or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
principals of a limited liability company or officer, director or
shareholder of a corporation if that individual is responsible for
the management and 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 be a court.
Every natural person, firm, corporation, partnership, association,
or institution.
Any land and the improvements thereon owned by any person,
and includes front, side, and rear yards; vacant lots, buildings,
and other structural improvements; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial, or commercial purposes, whether inhabited, temporary,
continuously uninhabited, or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox belonging to or
appurtenant to such dwelling, house, building, or other structure.
Any police officer, authorized inspector, or public official
designated by the Borough to enforce the Borough ordinances.
Any conditions or premises which are unsafe or unsanitary.
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
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.
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.
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 Summit Hill 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 10 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.
May cause a public 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 person, owner, or responsible person commits a quality of
life violation by any of the following:
A.
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.
B.
Animal maintenance and waste/feces cleanup. People owning, harboring,
or keeping an animal within the Borough of Summit Hill shall not permit
any waste matter/feces from the animal to collect and remain on the
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.
C.
High weeds, grass or plant growth. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of 10
inches (254 mm). All noxious weeds shall be prohibited. "Weeds" shall
be defined as all grasses, annual plants, and vegetation. Cultivated
flowers, gardens, trees, and shrubs and woodland/forest areas shall
not be included as a violation of this article.
D.
Motor vehicles. It shall be unlawful to store, park, or place any
unregistered, uninspected, inoperative, unlicensed, 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.
E.
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 said property.
F.
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 Borough of Summit Hill, 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 Summit Hill,
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 and/or
when the snow and/or ice cessation happens during the hours of darkness,
the time limit of removal of all snow and ice begins at daybreak.
G.
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 a location on the owner's
property not within the public right-of-way or readily visible from
the public right-of-way. The persons occupying any dwellings are limited
to six containers not exceeding 50 pounds each and one bulky item
not exceeding 275 pounds each. Waste/trash containers may only be
placed in front of any property within 24 hours 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 stored so
they are not on the public right-of-way or readily visible from the
public right-of-way within 24 hours after pickup.
Upon finding a quality of life violation, any Public Officer
of the Borough of Summit Hill, may issue quality of life violation
tickets to the owner and/or occupant of the property at issue or to
the individual(s) known to have violated this article.
A violation ticket shall be served upon a violator by handing
it to the violator, by handing it at the residence of the person to
be served 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 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 by 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 Summit Hill and its citizens, upon issuance
of a quality of life ticket, by correcting the violation in question.
A public officer is authorized and empowered to cause a violation
to be corrected. The cost shall be determined by the Mayor or, in
the absence of the Mayor, the President of the Borough Council in
order that the Borough shall be compensated for both direct and indirect
costs and expenses incurred.
B.
The Borough of Summit Hill and/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 cost thereof 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 quality of life 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 quality of life 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 Summit Hill cleanup. The Borough reserves the right to
perform any necessary work to abate any violation once 72 hours passes
from the date of issuance of the quality of life ticket. Should the
violation at the discretion of the Code Enforcement Officer present
imminent danger and/or pose a health hazard and/or risk, the Borough
reserves the right to perform the abatement immediately. The Borough
will perform this work at a rate of $60 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 72 hours
passes 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 Borough reserves the right to direct the contractor
to perform the abatement immediately. The contractor will submit a
bill for their work to the Borough of Summit Hill and the Borough
will forward these costs to the violator. The Borough reserves the
right to add a 30% processing fee in addition to the cost of the contractor.
A.
For the first of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amounts of $25 or
$50, as set forth on the chart below.
B.
For the second offense of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amounts of $50 or
$100, as set forth on the chart below.
C.
For the third offense of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amounts of $100 or
$250, as set forth on the chart below.
D.
For each offense subsequent to three offenses of this article within
a twelve-month period, amounts of violation tickets shall increase
in the amount of $150 or $250 accumulative for each subsequent offense.
E.
Any persons who receive a violation ticket for any violation of this
article may, within 15 days, admit the violation, waive a hearing,
and pay the fine in full satisfaction.
F.
Any person who violates this article shall pay a fine as set forth
herein for each offense, plus all direct and indirect costs incurred
by the Borough for the clean up and abatement of the violation.
|
Violation
|
Description
|
Fine 1
|
Fine 2
|
Fine 3+
|
|---|---|---|---|---|
|
QOL-001
|
Accumulation of rubbish or garbage
|
$25
|
$50
|
$100
|
|
QOL-002
|
Animal maintenance and waste/feces cleanup
|
$25
|
$50
|
$100
|
|
QOL-003
|
High weeds, grass or plant growth
|
$25
|
$50
|
$100
|
|
QOL-004
|
Motor vehicles
|
$25
|
$50
|
$100
|
|
QOL-005
|
Outside placement of indoor appliances/furniture
|
$25
|
$50
|
$100
|
|
QOL-006
|
Snow and ice removal from sidewalks
|
$25
|
$50
|
$100
|
|
QOL-007
|
Storing containers for waste or trash
|
$25
|
$50
|
$100
|
A.
If the person in receipt of a $25 violation ticket does not pay the
fine or request a hearing within 15 days, the person will be subject
to a $10 penalty for days 16 through 30.
B.
If the person in receipt of a $50 violation ticket does not pay the
fine or request a hearing within 15 days, the person will be subject
to a $25 penalty for days 16 through 30.
C.
If the person in receipt of a $100, or higher violation ticket does
not pay the fine or request a hearing within 10 days, the person will
be subject to a $50 penalty for days 16 through 30.
D.
Failure of the person to make payment or request a hearing within
30 days of a violation ticket shall make the person subject to a citation
for failure to pay.
E.
If violations are continuous or egregious, Code Officials have the
right to issue citations without first issuing tickets, provided notice
has been given. Upon issuance of four tickets for the same violation,
right is reserved for the Code Officials to issue citation for the
fifth and subsequent offenses.
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this article,
or of any regulation or requirement pursuant hereto and authorized
hereby shall, upon conviction, be ordered to pay a fine of not less
than $100 and not more than $1,000 on each offense, the costs of prosecution,
including restitution of the fees of the Code Official, or imprisoned
no more than 90 days, or both.
The Magisterial District Judge may order the violator to make
restitution to said real or personal property owner and to the Borough
of Summit Hill for the costs of prosecution, including the fees of
the Code Official.
At the discretion of the Borough of Summit Hill, all tickets
for which payment is not received within 45 days of issuance of a
ticket for which an appeal is not taken, and 45 days from denial of
appeal and monies paid by the Borough of Summit Hill for abatement
of a violation not paid within 45 days of billing may be turned over
by the Borough to a collection agency for receipt.
At the discretion of the Borough of Summit Hill, liens may be
placed upon a property against which tickets were issued for which
payment is not received within 45 days of issuance of a ticket for
which an appeal is not taken, and 45 days from denial of appeal and
monies paid by the Borough of Summit Hill for abatement of a violation
and not paid within 45 days of billing.
The penalty lien and collection provisions of this section shall
be independent, non-mutually exclusive separate remedies, all of which
shall be available to the Borough of Summit Hill as may be deemed
appropriate for carrying out the purposes of this article. The remedies
and procedures provided in this article for violation hereof are not
intended to supplant or replace to any degree the remedies and procedures
available to the Borough in the case of a violation of any other Borough
of Summit Hill Code or Codified Ordinances, whether or not such other
Code or ordinance is referenced in this article, and whether or not
an ongoing violation of such other Code or ordinance is cited as the
underlying ground for a finding of a violation of this article.
If any provision, paragraph, word, section, or subsection of
this article is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, or subsection
shall not be affected and shall remain in full force and effect.
All relevant ordinances, regulations, and policies of the Borough
of Summit Hill, Pennsylvania not amended shall remain in full force
and effect. Any ordinance or part of an ordinance conflicting with
the provisions of this article shall be and the same is hereby repealed
to the extent of such conflict.
This article shall be effective immediately upon passage and
approved in the manner prescribed by law.
