Be it ordained and enacted by the Board of Commissioners of the Township of Reserve, and it is hereby ordained and enacted by the authority of the same, that from and after the effective date of this article, the following ordinance shall be in full force and effect in the Township of Reserve.
[HISTORY: Adopted by the Board of Commissioners of the Township of Reserve as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-12-1998 by Ord. No. 583]
This article shall be known and may be cited as the "Reserve Township Environmental Impact Ordinance."
The Board of Commissioners of the Township of Reserve finds that the following environmental impact restrictions are deemed to be reasonable measures to protect the health, safety and welfare of the residents of Reserve Township and the Board additionally finds:
A.
The accumulation and dumping of automotive junk, abandoned and dilapidated vehicles, tires and other vehicle parts and components constitute a nuisance, hazard and menace to the health, safety and welfare of our community and a breeding ground for insects, mosquitoes, rodents and other vermin; and
B.
Obnoxious vegetation, including but not limited to poison ivy, poison oak, and other toxic vegetation, dead, dying or diseased trees or parts thereof, as well as trees and shrubs, or other vegetation extending into public rights-of-way, constitute a nuisance, hazard and menace to the health, safety and welfare of our community as well as a danger to persons or animals in their vicinity and interfere with the normal and reasonable use of rights-of-way and adjacent properties;
C.
Stagnant water constitutes a nuisance, hazard and menace the health, safety and welfare of our community as well as a breeding ground for mosquitoes and other insects; and
D.
The accumulation or dumping of rubbish, garbage, waste materials, debris, litter, trash, junked, scrapped, outworn or dilapidated construction equipment and tires, machinery, including parts of same, fuel, lubrication, flammable articles, or equipment and machinery containing same, on public or private property constitute a nuisance, hazard and menace to the health, safety and welfare of the community and a breeding ground for mosquitoes and other insects; and other vermin; and
E.
The Board of Commissioners also finds that the within ordinance meets a very real local need and is necessary to protect its environment from pollution, adulteration and contamination.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory.
To discard, relinquish, forsake, cede, or to desert.
Any junked vehicle or parts thereof, not kept, stored, or housed in a fully enclosed building which:
Is in such a state of disrepair as to be incapable of being moved under its own power; or
Is in a dismantled or partially dismantled state; or
Is without either a current license plate or a current inspection sticker for longer than seven days, and has not been moved or used for more than seven days. When a motor vehicle or any part thereof is without a current license plate or current inspection sticker, the period of seven days shall commence when the Township has sent by certified mail, return receipt requested, or hand delivered, to the registered owner of the motor vehicle or part thereof, or the owner, or tenant on which such vehicle or vehicle part is located or found, a notice that the vehicle or parts must be moved and relocated, inspected or a current license plate displayed thereon within seven days of such notice or that the vehicle or parts thereof shall be deemed to be an abandoned vehicle or parts thereof under the terms of this article.
To amass, to collect, in increase by continued or repeated additions.
To strip or deprive of an accessory or an essential part, to make unusable for its original purpose and includes but is not limited to any and all vehicles, equipment or machinery or other objects which have been rendered inoperable or unusable because part or parts have been removed there from.
When used as a verb, the term shall mean to empty or unload in a mass, to put or throw away or get rid of, to unload rubbish, litter or debris; when used as a noun, the term shall mean a place where refuse materials, rubbish, litter or debris is deposited.
Any motorized device or part thereof, including tires, in, upon or by which any person or property is transported or drawn upon a public highway, including trailers and semi-trailers designated for use with such vehicles and which are required to be registered by the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 1301, and which is not in working order, or does not have a current inspection sticker, and which has been stored or kept outside a fully enclosed building for a period of time in excess of seven days.
Waste or rejected matter or objects, or refuse, thrown away as worthless trash, and shall include any and all types of rubbish or refuse materials, including but not limited to animal, vegetable, mineral, or organic garbage, waste, paper and paper products, ashes, abandoned household appliances, including but not limited to refrigerators, air conditioners, furnaces, hot water heaters and tanks, radios, televisions, as well as scrap metal, lumber, and other abandoned household objects and effects.
To knowingly allow, to consent, to let, to give leave or license, to acquiesce by failure to prevent or to knowingly fail to prevent due to lack of reasonable efforts or concern, or due to failure to supervise or control.
Both natural and artificial persons, associations, partnerships, firms or corporations. The term shall also include all owners of the property on which a violation occurs including co-owners, a husband and wife, as well as joint owners. Both an owner and a tenant are jointly responsible for compliance with the terms of this article if the owner knowingly allows the premises to be used for a prohibited purpose. When the term is used in a clause prescribing or imposing a fine or penalty upon an association or partnership, the term shall include a member or a partner thereof and when applied to a corporation, shall mean the president, vice president, secretary, treasurer or other high managerial agent thereof.
Real property which belongs to or is owned, controlled or used absolutely by any person, association, partnership, firm or corporation, whether owned or leased, whether occupied by the owner thereof or not, and not constituting public property. For purposes of this article, the term shall also include that portion of any public right-of-way adjacent to the property line which is not improved with a cartway for public travel and which may contain or be improved in part by sidewalks, grass strips or drainage ditches.
Real property not constituting private property which is owned by a municipal governmental entity, though not necessarily a place devoted solely to the uses of the public, but shall include any public street, private street, highway, road, alley, bridge, park, playground, vacant lot, stream, creek, public building or similar place within the Township of Reserve which is open to the public or to which the public or a substantial group has access.
That which is rejected or thrown away as worthless or useless, and shall include any rubbish, litter, debris, garbage, or waste materials, old building materials, junked, scraped or dilapidated or outworn construction equipment or machinery, including parts of same and fuel or lubrication equipment and other apparatus associated with their use, flammable articles or stored, tires, junked or abandoned vehicles without current inspection stickers or current license plates which are either rusted, wrecked, discarded, dismantled, partially dismantled, inoperative, or in an abandoned condition, including parts of the same.
To stay in the same place.
Waste or rejected materials; anything thrown away as worthless; trash; refuse.
The state or condition of being without motion or flow, current, or circulation, as a fluid.
The Township of Reserve.
A.
It shall be unlawful and no person shall deposit, dump, leave, store, keep, accumulate, or cause to be left, kept or remain, any refuse materials, litter and debris, rubbish, dismantled or partially dismantled vehicles, abandoned vehicles or parts thereof or junked vehicles or parts thereof on any public or private property.
B.
It shall be unlawful and no person shall permit another person to deposit, dump, leave, store, keep, accumulate, or cause to be left, kept or remain, any refuse materials, litter and debris, rubbish, dismantled or partially dismantled vehicles, abandoned vehicles or parts thereof or junked vehicles or parts thereof on his or her property.
C.
No refuse materials, litter and debris, rubbish, dismantled or partially dismantled vehicles, abandoned vehicles or parts thereof or junked vehicles or parts thereof, shall be stored or kept by any person on private property as to harbor rodents, mosquitoes, or other vermin or to become a hazard to the public health or safety.
A.
The maintenance of a dump for the accumulation of rubbish, litter, debris or refuse materials is hereby declared to be a nuisance and is declared illegal.
B.
It shall be unlawful and no person shall grade over, fill over, bury or cover with earth, on either public or private property, any rubbish, litter, debris, or refuse materials.
It shall be unlawful and no person shall permit the following growths and vegetations which are hereby declared to be a detriment to the environment of Reserve Township:
A.
Grass in excess of eight inches.
B.
Poison ivy, poison oak, and other toxic vegetation.
C.
Dead, dying or diseased trees or parts thereof whose location or existence poses a hazard to persons or property in their vicinity.
D.
Trees, shrubs or other vegetation whose limbs or parts thereof project into a public right-of-way, or interfere with the normal use of said right-of-way or which hide from view, interfere with the effectiveness of or obstruct a traffic control device, or which obstruct vehicular traffic from view under 75 Pa.C.S.A. § 6124.
It shall be unlawful and no person shall permit the accumulation of stagnant water nor allow silt to be deposited on any public or private property.
It shall be unlawful and no person shall permit any property either under his ownership or under his control to become a harborage or infestation of insects, rodents or vermin.
It shall be unlawful and no person shall permit or do any act or engage in any activity which shall restrict or impede the flow of any stream, creek or other watercourses which has its source beyond the limits of property under the ownership or control of such person. The building of walls or the dumping of fill in such a manner as to restrict or impede the flow of any stream, creek or other watercourses described herein shall be in accordance with a permit regulating the design and location of same, which permit has been issued by the Township Building Inspector, and further, no trees, shrubs or other vegetation or parts thereof shall be planted or allowed to exist in such a manner as to restrict or impede the flow of such streams, creeks or other watercourses described herein.
The Township Manager, or his or her designee, is hereby authorized and directed to give notice, by personal service or United States Mail, to the owner or occupant, as the case may be, of any premises or location where violations of this article exist, directing and requiring such owner or occupant to remove or eliminate such violation with five days after the issuance of the notice, unless a shorter or longer period of time is set forth in the within ordinance. If any person shall neglect, fail or refuse to comply with such notice within the period stated therein, such person shall be subject to the penalties provided in this article for the violations hereof, and in addition, the proper officers of the Township may remove such deposits, accumulations, harborages or infestations in violation of this article; and the costs thereof together with any additional payment authorized by law, may be collected by the Township from such person in the manner provided by law and upon the neglect, failure or refusal to pay the costs of removal, the proper officers of the Township may cause a lien to be filed against the property.
[Amended 1-16-2023 by Ord. No. 692; 12-16-2024 by Ord. No. 701]
This article shall be enforced by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this article shall, upon conviction in a summary proceeding, pay a fine of not more than $1,000, plus the costs of prosecution, and in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 90 days. Each day, or part thereof, that a violation continues shall constitute a separate violation.
If the Township shall deem it necessary to abate a nuisance or nuisances under this article, nothing herein shall prevent the Township of Reserve from instituting proceedings and seeking relief in the courts of equity to abate said nuisance or nuisances.
The provisions of this article shall be severable. If any provision, section, clause, sentence, phrase or word of this article is for any reason held unconstitutional, invalid or illegal by any court of competent jurisdiction, said holding shall not affect the validity of any other portion of this article. It is hereby declared as legislative intent that this article would have been enacted had such unconstitutional, invalid or illegal portion not been included. The Township of Reserve does not intend to violate the Constitution of the Commonwealth of Pennsylvania or the Constitution of the United States of America.
Any ordinance or part of an ordinance conflicting with the provisions of this article be and the same is hereby repealed to the extent that such ordinance or provision thereof is in conflict with this article.
This article shall take effect immediately upon its enactment.
[Adopted 4-9-2007 by Ord. No. 630]
This article shall be known as the "Reserve Township Property Maintenance Code Ordinance."
That certain documents, three copies of which are on file in the office of the Building Inspector/Zoning Compliance Office and the Township of Reserve, being marked and designated as the "2003 International Property Maintenance Code," as published by the International Code Council, Inc., be and is hereby formally adopted as the Property Maintenance Code of the Township of Reserve, Commonwealth of Pennsylvania; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof as if more fully set out in this article.
[Amended 1-16-2023 by Ord. No. 692; 12-16-2024 by Ord. No. 701]
The following sections of the "2003 International Property Maintenance Code," as published by the International Code Council, Inc., are hereby revised as follows:
A.
Section 101.1 — Title. Township of Reserve.
B.
Section 101.3 — Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, additions or alterations to a structure or changes of occupancy shall be done in accordance with the procedures and provisions of this code and all other appropriate Township Ordinances.
C.
Section 102.3 — Application of other codes. Repairs, additions, alterations, additions to or changes of occupancy in existing buildings shall comply with this code and all other appropriate Township Ordinances.
D.
Section 103.2 — Appointment. The code official shall be appointed by the Board of Commissioners.
E.
Section 103.5 — Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be those fees as established from time to time by Resolution of the Township Board of Commissioners.
F.
Section 104.2 — Rule-making authority. The code official shall have the authority as necessary in the interest of public health, safety and general welfare to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions.
G.
Section 106.3 — Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a summary offense, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this 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 upon which the structure is located and shall be a lien upon such real estate.
H.
Section 106.4 — Violations and penalties. This code shall be enforced by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this article shall, upon conviction in a summary proceeding, pay a fine of not more than $1,000, plus the costs of prosecution, and in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 90 days. Each day, or part thereof, that a violation continues shall constitute a separate violation. Nothing contained herein shall be deemed to preclude the Township to seek other relief or avail itself of any remedy that may be at law or in equity to prevent continuing violations of the terms of this code.
I.
Section 106.5 — Abatement of violation. Any person, firm, partnership, corporation or organization who or which shall continue any work in or about the structure after having been served with a stop order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall upon conviction in a summary proceeding, be fined not more than $1,000, plus the costs of prosecution, and in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 90 days. Each twenty-four-hour period during which any work shall continue shall constitute a separate offense. Nothing contained herein shall be deemed to preclude the Township to seek other relief or avail itself of any remedy that may be at law or in equity to prevent continuing violations of the terms of this article.
J.
Section 110.1 — General. The Township Board of Commissioners by resolution, may order the owner of any premises upon which is located any structure, which in the opinion of the Board is so old, dilapidated or has become so out repair as to be dangerous, unsafe, unsanitary 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 demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.
K.
Section 110.3 — Failure to comply. If the owner fails to comply with such condemnation resolution ordering the structure to be demolished and removed within the time prescribed or fails to timely appeal such resolution, the Township Board of Commissioners shall cause the structure to be demolished and removed either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon shall real estate.
L.
Section 111.1 — Application for appeal.
(1)
A condemnation resolution ordering the demolition and removal of a structure adopted by the Township Board of Commissioners shall be considered a final order for purposes of appeal and any aggrieved party affected by the condemnation resolution shall file an appeal to the Court of Common Pleas of Allegheny County within 30 days after the date of the resolution from which the appeal is taken.
(2)
Any person directly affected by a decision of the code official or a notice or order issued under this code by such code official shall have the right to appeal such decision, notice or order to the Board of Appeals, provided that a written application for appeal is filed within 30 days after the day of 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.
(3)
Failure to timely appeal any condemnation resolution of the Township Board of Commissioners or a decision or notice of the code official shall constitute a waiver of all objections to the resolution, decision or notice.
M.
Section 111.3 — Notice of meeting. The Board shall meet upon notice from the Chairman, within 60 days of the filing of an appeal, or at state periodic meetings.
N.
Section 302.4 — Weeds. Insert: eight inches.
O.
Section 304.14 — Insect screens. Insert: From April 1 to October 1.
P.
Section 602.3 — Heat supply. Insert: From November 1 to April 30.
Q.
Section 602.4 — Occupiable work spaces. Insert: November 1 to April 30.
If any section, subsection, sentence, clause or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The Board of Commissioners of the Township of Reserve hereby declares that it would have passed this article, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses and phrases be declared unconstitutional.
That nothing in this article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed in § 327-22 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
Ordinance No. 221 and Ordinance No. 318 of Reserve Township as well as any other ordinance or parts of any ordinance conflicting with the provisions of this article are hereby repealed to the extent of such conflict.
That this article and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall be effective April 9, 2007.