[HISTORY: Adopted by the Municipal Council of the Municipality
of Norristown 12-1-2020 by Ord. No. 20-19. Amendments noted where
applicable.]
Lack of maintenance of properties, littering, improper storage
of trash and rubbish, storage of inoperable/nonregistered vehicles,
accumulation of snow and ice on sidewalks, failure to remove animal
waste, unsafe swimming pools, persons/firms working without permits,
and many other code violations 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 Municipality
of Norristown, which reduce business and tax revenue, inhibiting economic
development. The quality of life and community pride of the citizens
of Norristown 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 Municipality by helping to create a clean environment
for the citizens of the Norristown.
The following words, terms and phrases, when used in this chapter,
shall be defined as follows, unless context clearly indicates otherwise:
A litter collection receptacle which is placed on the public
right-of-way or on public property by the Municipality for use by
the public to deposit small quantities of handheld trash, but not
household or commercial waste.
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 and rodents.
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;
and
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
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 "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, dirt, mud and yard waste that has been abandoned or improperly
discarded, deposited or disposed.
Any person residing or working within the County of Montgomery
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 Municipality
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, tail lamps, bumpers or grills with sharp edges.
Any body parts, truck, firewall 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 Municipal
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 Municipality or causes a blighting effect in Municipality neighborhoods.
See also "public nuisance."
Every natural person, firm, corporation, partnership, association,
or institution.
The non-concrete space in the sidewalk area filled with dirt
and/or grass.
Any land and the improvements thereon owned by any person
and includes front, side and rear yards; vacant lots, buildings and
other structural improvement; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial or commercial purposes, whether inhabited or temporarily
or continuously uninhabited or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling, house, building or other structure.
Any condition or premises which is unsafe or unsanitary.
Any police officer, property maintenance and housing inspector,
code compliance inspector, or public official designated by law or
local ordinance to enforce the Municipality 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. Such materials
may include, but not be limited to, aluminum cans, ferrous and bimetal
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 containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal as such waste, and
it shall be presumed that the containment of any municipal waste in
excess of three months constitutes disposal.
The non-concrete 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 chapter.
Shall be defined as 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.
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.
QOL.001 Accumulation of rubbish or garbage. All exterior property
and the interior of every structure shall be free from any accumulation
of waste, trash, rubbish or garbage.
B.
QOL.002 Animal maintenance and waste/feces cleanup. People owning,
harboring or keeping an animal within the Municipality of Norristown
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.
QOL.003 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.
D.
QOL.004 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 (203.2 mm). All noxious weeds shall be prohibited.
"Weeds" shall be defined as all grasses, annual plants and vegetation.
Cultivated flowers, gardens, trees and shrubs shall not be included
as a violation of this chapter.
E.
QOL.005 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.
F.
QOL.006 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 in said property.
G.
QOL.007 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 Municipality of Norristown is required
to remove any snow or ice from the entire length of any sidewalk fronting
or abutting said premises within 24 hours after the precipitation
has ceased to fall or form. Such pathway shall be not less than 30
inches in width and shall be thoroughly cleared of snow, ice or other
obstruction.
H.
QOL.008 Storage containers for waste or trash. All waste or trash
containers must be stored in the rear of every property so said containers
are not visible from the public right-of-way or when the rear of the
property is not available in the side of the property so as not visible
or minimally visible from the public right-of-way. Whether at the
rear or side, all waste or trash containers shall be stored in such
a manner as not to create an attraction or harborage for rodents,
insects or other pest life. Household(s) shall place their refuse
receptacles out for collection at the appropriate location no earlier
than 18 hours prior to the regular collection time. Receptacles shall
be removed from the collection point and returned to an appropriate
storage location no later than 18 hours after the collection time.
Once the hauler removes the waste or trash from any property, all
containers must be returned to the rear or side of any property, as
applicable, by no later than 18 hours after the collection time.
I.
QOL.009 Storing or discarding of indoor furniture appliances, and
other equipment. 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. Indoor furniture, appliances, and other
equipment shall be placed out for collection at the appropriate location
no earlier than 18 hours prior to the regular collection time. If
indoor furniture, appliance, and other equipment is not removed by
the hauler from the collection point, it shall be removed from the
exterior of the property and returned to an appropriate storage location
by no later than 18 hours after the collection time.
J.
QOL.010 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 stored in compliance with the applicable Building
Codes.
K.
QOL.011 Storing of recyclables. It shall be the responsibility of
the owner of all residential, commercial and industrial property to
ensure storage, collection and disposal of all recyclables from their
property in such a manner not to create a public nuisance. Storage
of recyclables is only allowed in approved containers which must be
kept clean and sanitary at all times.
L.
QOL.012 Swimming pools. Swimming pools shall be maintained in good
repair at all times. They shall also be kept clean, safe, covered
and sanitary as well. Swimming pools must also be in compliance with
applicable Building Codes.
M.
QOL.013 Historic District violation. It shall be the responsibility
of the owner of a property located in a Historic District, so designated
by Municipality ordinance, to obtain a certificate of appropriateness
from the Department of Buildings and Code Compliance and/or the Historic
Architecture Review Board before making any alterations and renovations
to the exterior of a structure visible from a public right-of-way.
Failure to produce a bona fide certificate of appropriateness upon
request by a Code Official shall constitute a violation of this chapter.
N.
QOL.014 Permits required. As set forth in § 120-5 of the Municipality's Code of Ordinances, a building permit shall be required before any construction or development is undertaken within any area of the Municipality. A failure to obtain such a permit shall constitute a violation of this chapter, including but not limited to failure to obtain any/all building, mechanical, electrical, plumbing, and fire protection permits.
O.
QOL.015 Permit placard display. As set forth in § 120-11 of the Municipality's Code of Ordinances, a placard showing the number of the permit (building, mechanical, electrical, plumbing, fire protection), the date of its issuance and signed by the Building Code Official or his/her designee will be issued along with any permit. As also set forth in § 120-11 such placard must be displayed on the premises during the time construction is in progress. A failure to conspicuously display such placard during and throughout construction and until completion shall constitute a violation of this chapter.
Upon finding a quality of life violation, any Municipality of
Norristown property maintenance inspector, housing inspector, code
compliance inspector, or code official or individual designated by
Building Code Official/Code Enforcement Manager of the Municipality
of Norristown may issue a quality-of-life violation ticket(s) to the
owner and/or occupant of the property at issue or to the individual
known to have violated this chapter.
A.
The provisions of this chapter shall be enforced by police officers,
a property maintenance and housing inspector, code compliance inspector,
a code official, or any other public officer authorized to enforce
ordinances.
B.
Any violation of the provisions of this chapter may be cause for
a citation, a violation ticket and/or a notice of violation to be
issued to the violator.
A violation ticket shall be served upon a violator by either
handing it to the violator; or 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; or by leaving or affixing the notice or
violation ticket to the property where the violation exists; or 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.
The Building Code Official/Code Enforcement Manager is 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 satisfy the Municipality of Norristown 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 Building Code
Official/Code Enforcement Manager, the Public Works Director, and/or
their designees in order that the Municipality shall be compensated
for both direct and indirect costs and expenses incurred.
B.
The Municipality of Norristown and/or their contractor, per the direction
of the Municipality, reserves the right to abate the violation in
question at the expense of the owner. If the Municipality 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 Municipality abates the violation, in
addition to the fine set forth in the quality of life ticket, the
Municipality 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 Building Code Official/Code Enforcement
Manager in the rules and regulations.
D.
Municipality of Norristown cleanup. The Municipality 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 Building Code Official/Code
Enforcement Manager and/or his or her designee present imminent danger
and/or pose a health hazard and/or risk, the Municipality reserves
the right to perform the abatement immediately. The Municipality will
perform this work at a rate designated by the Municipality of Norristown
Fee Schedule and forward the cost of any material necessary for the
abatement. The Municipality 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 Municipality 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 Municipality reserves the right to
direct the contractor to perform the abatement immediately. The contractor
will submit a bill for their work to the Municipality of Norristown
and the Municipality will forward these costs to the violator. The
Municipality reserves the right to add a 30% processing fee in addition
to the cost of the contractor.
A.
Violation ticket fines.
(1)
For any and all violations of this chapter within a twelve-month
period, violation tickets shall be issued in the amounts as follows:
|
Violation Number for Quality of Life Ticket Ordinance
|
Brief Description of Violations for Quality of Life Ticket Ordinance
|
Civil Fine
|
|---|---|---|
|
QOL.001
|
Accumulation of rubbish or garbage
|
$50
|
|
QOL.002
|
Animal maintenance and waste/feces cleanup
|
$50
|
|
QOL.003
|
Disposal of rubbish or garbage/dumping
|
$50
|
|
QOL.004
|
High weeds, grass or plant growth
|
$50
|
|
QOL.005
|
Motor vehicles (unregistered, uninspected, inoperative, disrepair)
|
$50
|
|
QOL.006
|
Outside placement of indoor appliances/furniture
|
$50
|
|
QOL.007
|
Snow and ice removal from sidewalks
|
$50
|
|
QOL.008
|
Storing containers for waste or trash
|
$50
|
|
QOL.009
|
Storing or discarding of appliances
|
$50
|
|
QOL.010
|
Storing of hazardous material
|
$100
|
|
QOL.011
|
Storing of recyclables
|
$50
|
|
QOL.012
|
Swimming pools
|
$100
|
|
QOL.013
|
Historic District violation
|
$100
|
|
QOL.014
|
Failure to obtain permit (UCC-Building, Mechanical, Electrical,
Plumbing, Fire, etc.)
|
$100
|
|
QOL.015
|
Failure to post permit placard in conspicuous location
|
$100
|
(2)
Any person who receives a violation ticket for any violation of this chapter may, within 15 days, admit the violation, waive an administrative appeal as set forth in § 240-11 below and pay the fine in full satisfaction.
(3)
Any person violating this chapter shall pay a fine as set forth herein
for each offense plus all direct and indirect costs incurred by the
Municipality for the clean up and abatement of the violation.
B.
Violation ticket penalties.
(1)
If the person in receipt of a $50 violation ticket does not pay the fine or file an administrative appeal as set forth in § 240-11 below within 15 days, the person will be subject to a $10 penalty for days 16 through 30.
(2)
If the person in receipt of a $100 violation ticket does not pay the fine or file an administrative appeal as set forth in § 240-11 below within 15 days, the person will be subject to a $25 penalty for days 16 through 30.
(3)
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.
(4)
If violations are continuous or egregious, the code official has
right to issue citation without first issuing ticket provided notice
has been given. Upon issuance of four tickets for same violation,
right is reserved for code official to issue citation for fifth and
subsequent offenses.
C.
Citation fines. 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, be ordered to pay a fine not less than
$100, not more than $1,000 on each offense.
D.
Restitution. The Magisterial District Judge may order the violator
to make restitution to said real or personal property owner.
A.
Administrative appeal.
(1)
A person in receipt of a violation ticket may appeal to the Building
Code Official/Codes Enforcement Manager by filing a request with the
Property Maintenance Division in writing using the violation ticket
appeal form within 15 calendar days of date of the violation ticket.
(2)
In order for an appeal to be deemed valid and a hearing date/time
to be set, the following must be performed by the alleged violator
requesting the appeal within 15 calendar days of the date that the
quality-of-life ticket was issued:
(3)
The appeal hearing will be held before the Building Code Official/Codes
Enforcement Manager or his/her designee. The Manager or his/her designee
may uphold the appeal, deny the appeal, or may modify the violation
ticket and/or any associated costs, fines or penalty amounts as he/she
sees appropriate.
(4)
Any recipient of a violation ticket who fails to file an appeal within
15 days shall waive the right to an appeal.
B.
Subsequent appeals. Any subsequent appeal shall be filed to the Montgomery
County Court of Common Pleas pursuant to 2 Pa.C.S.A. §§ 751
and 752.
At the discretion of the Municipality of Norristown, 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 Municipality of Norristown for abatement
of a violation not paid within 45 days of billing may be turned over
by the Municipality to a collections agency for receipt.
At the discretion of the Municipality of Norristown, 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 Municipality of Norristown 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 Municipality of Norristown 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 Municipality in the case of a violation
of any other Municipality of Norristown Code or Codified Ordinances,
whether or not such other code or ordinance is referenced in this
chapter 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 chapter.
