This chapter shall be known and may be cited as the "Pocono
Township Property Maintenance Ordinance."
Recognizing the need within the Pocono Township to establish
certain minimum health and safety requirements for those buildings,
structures, or properties which are used or associated with human
occupancy, this chapter hereby establishes standards and procedures
which the Board of Commissioners of Pocono Township considers to be
fair and effective in meeting those minimum requirements.
The owner of the premises shall maintain the structures, lot
and yard in compliance with these requirements, except as otherwise
provided for in this chapter. A person shall not occupy as owner-occupant
or permit another person to occupy premises which are not in a sanitary
and safe condition and which do not comply with the requirements of
this chapter. Occupants of a building, dwelling unit, rooming unit
or housekeeping unit are responsible for keeping in a clean, sanitary
and safe condition that part of the building, dwelling unit, rooming
unit, housekeeping unit or premises which they occupy and control.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
BULK ITEMS
Discarded "white goods" (ex. major appliances), "brown goods"
(ex. televisions, DVD players, entertainment systems), mattresses,
furniture and similar household items.
COURT
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
ENFORCEMENT OFFICER
Any building official, zoning officer, code enforcement officer,
building inspector, fire inspector, law enforcement officer, or other
person authorized by the Township to enforce the applicable code(s).
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
INFESTATION
The presence of insects, rodents, vermin and/or other pests.
LOT
Plot, tract, premises or parcel of land, with or without
improvements thereto.
OWNER
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or otherwise,
is vested with the title to a lot and/or improvements thereto in his
capacity as a legal representative, such as an administrator, trustee,
executor, etc.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, dead animals and commercial and industrial
wastes.
UNOCCUPIED HAZARD
Any building, or part thereof, or man-made structure, which
remains unoccupied for a period of more than six months, with either
doors, windows or other openings broken, removed, boarded or sealed
up, or any building under construction upon which little or no construction
work has been performed for a period of more than six months.
YARD
Any open space on the same lot with a building and, for the
most part, unobstructed from the ground up.
The provisions of this chapter shall supplement local laws,
ordinances or regulations existing in Pocono Township or those of
the Commonwealth of Pennsylvania. Where a provision of this chapter
is found to be in conflict with any provision of a local law, ordinance,
code or regulation or those of the Commonwealth of Pennsylvania, the
provision which is more restrictive or which establishes the higher
standard shall prevail.
Any occupant of a premises shall be responsible for compliance
with the provisions of this chapter with respect to the maintenance
of that part of the premises which he occupies and/or controls pursuant
to the terms of the contract/agreement under which he occupies and/or
controls thereof.
A. Owner(s) of premises shall comply with the provisions of this chapter,
as well as operators and occupants, regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B. In instances where an occupant is responsible, or shares responsibility
with an owner, for the existence of one or more violations of this
chapter, said occupant shall be deemed responsible and treated as
if an owner within the true intent and meaning of this chapter.
If in the opinion of the Enforcement Officer the owner and/or
occupant is out of compliance with the standards in this chapter,
the owner and/or occupant shall receive a warning letter from the
Enforcement Officer, or other authorized representative describing
the violation(s). If the owner and/or occupant does not resolve the
problem to the satisfaction of the Enforcement Officer at this stage,
the Enforcement Officer shall move ahead with the formal citation
process. The owner and/or occupant shall be notified by certified
mail, or through personal service, of said violation or violations.
The notice of violation shall be in writing and shall identify the
premises and shall cite the specific violation or violations. The
notice of violation shall direct the owner and/or occupant to correct
the deficiency and/or deficiencies within a reasonable period of time
as specified in the said notice of violation, and shall inform the
owner and/or occupant of the fines and penalties which may accrue
upon the failure to comply. The notice of violation shall also specify
that, in lieu of or in addition to fines and penalties, and subsequent
to the period of time specified in the said notice of violation, Pocono
Township may itself correct the deficiencies or contract for the correction
thereof and assess the cost thereof as a lien against the premises
and/or recover the expenses so incurred in a manner as prescribed
by law. A copy of the said notice of violation shall be posted in
a conspicuous place on the subject premises and at the Pocono Township
municipal building.
The owner and/or occupant shall correct any and all noted deficiencies
within such period of time as may be specified in the notice of violation.
Extension of such specified period of time may be granted by Pocono
Township, in its sole discretion upon good cause shown. Failure to
comply with any such notice within the time specified shall constitute
a violation of this chapter, with each separate day during which a
violation continues to exist constituting a separate violation.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding, pay a civil judgment of not less
than $500 and not more than $1,000, plus all court costs, including
reasonable attorney's fees incurred in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the District Justice and/or court. Each day a
violation exists shall constitute a separate offense.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
chapter.
The Enforcement Officer may enter, or may cause, through an
authorized representative of Pocono Township, entry on to premises
for the purpose of inspection of any and all premises, properties,
buildings and/or structures located within Pocono Township, upon reasonable
(i.e., 24 hour) advance notice, for the purpose of ascertaining the
existence of violations. In those matters where the nature of an alleged
violation is such that an inspection of the interior of a building
or structure is necessitated, prior arrangements must be made with
the owner, or his agent, to secure access thereto.