[HISTORY: Adopted by the Mayor and Council of the Borough
of Swoyersville 11-2-1998 by Ord.
No. 5-1998. Amendments noted where applicable.]
This chapter shall be known and cited as the "Swoyersville Borough
Property Maintenance Ordinance."
Recognizing the need within the Borough of Swoyersville 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 established standards which the Borough of Swoyersville
considers to be fair and essential in meeting those minimum requirements.
This chapter and the objectives leading to its enactment are
authorized by the Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food; said food
being suited for human, animal or fowl.
The presence of insects, rodents, fowl, vermin and/or other
pests.
Plot, tracts, premises or parcel of land, with or without
improvements thereto.
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 or who
retains the exclusive control of such a lot and/or improvements thereto
in his capacity as a legal representative, such as an administrator,
trustee, executor, etc.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, organic materials, dead animals and market
and industrial wastes and/or any material permitted to accumulate
on the premises or yard..
Any building or part thereof or man-made structure, which
remains unoccupied for a period of more that 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.
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 the Borough of Swoyersville
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 regulations or those of the Commonwealth of
Pennsylvania, the provisions which are more restrictive or which establish
the higher standard shall prevail.
A.
No owner of any building or structure shall fail to take steps and
perform such maintenance thereto as may be required from time to time
to ensure the property is safe, sound, sanitary and secure and does
not present a health and/or safety hazard to surrounding properties
and to the general populace.
B.
No owner of any unoccupied building or structure shall fail to take
such steps as may be required to insure that these are securely closed
so as to prohibit and deter entry thereto and to insure that no health
and/or safety hazard, or threat thereof, is precipitated due to a
lack of maintenance or due to neglect.
C.
Owners of any and all unoccupied building and/or structures which,
through neglect, have deteriorated to the point of being classified
as unoccupied hazards, and therefore constitute a severe health and/or
safety hazard, shall, upon direction of the Borough of Swoyersville,
remove or cause the removal of the building and/or structure.
No person shall permit:
A.
Fences and/or minor structures to be constructed and maintained so
as to present a safety or health hazard to persons and/or property;
B.
The development or accumulation of hazard, rodent and/or fowl harborage
and/or infestation upon yards, courts, lots;
C.
Objectionable materials to accumulate and to be blown about the surrounding
neighborhood;
D.
Wells, cesspools, cisterns, sedimentation ponds, stormwater management
impoundment ponds and/or ponds of a similar nature to remain open
without adequate fencing or barricades to prevent access thereto by
the general public;
E.
The accumulation of heavy undergrowth and/or vegetation which would
impair the health and/or safety of the neighborhood; nor shall they
permit any trees, plants or shrubbery, or any portion thereof, to
grow on their property, which constitutes a safety hazard to pedestrian
and/or vehicular traffic.
A.
Grounds, buildings and structures shall be maintained free of insect,
vermin, fowl and rodent harborage and infestation.
B.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse.
C.
Where there exists rodent, fowl and vermin infestation, corrective
measures shall be undertaken by the property owner and/or occupant
to alleviate the existing problem(s), to include screening, extermination
and/or garbage and refuse control. Methods employed for extermination
shall conform with generally accepted practices.
No person shall permit:
A.
Roof, surface and/or sanitary drainage to create a safety and/or
health hazard to persons and/or property by reason of inadequate and/or
improper construction or maintenance or manner of discharge;
B.
Roof gutters, drains or any other system designed and constructed
to transport stormwater to be discharged into any sanitary sewage
system and/or any part thereof;
C.
Any refrigerator, freezer and/or other similar storage chest to be
discarded, abandoned or stored in any place or location which is accessible
to the general public without first completely removing any and all
locking devices and/or doors.
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 in
a sage, sound and/or sanitary condition pursuant to the terms of the
contract/agreement under which he exercises occupancy and/or control
thereof.
A.
Owners 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.
The Borough of Swoyersville may enter or may cause through an
authorized representative of the Borough of Swoyersville entry onto
premises for the purpose of inspection of any and all premises, properties,
buildings and/or structures located within the Borough of Swoyersville
for 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 thereof.
A.
If noncompliance with the provisions of this chapter constitutes
a nuisance, or if any condition, structure, or improvement poses a
threat to the health, safety, or welfare to the public, the Building
Inspector or Code Enforcement Officer shall issue a written notice
to be served by registered or certified mail upon the owner of said
premises or, if the owner's whereabouts or identity be unknown,
by posting the notice conspicuously upon the offending premises.
B.
Said notice shall specify the condition or structure or improvement
complained of and shall required the owner to commence to remove or
otherwise rectify the condition or structure or improvement as set
forth therein within 10 days of mailing or posting of said notice,
and thereafter to fully comply with the requirements of the notice
within a reasonable time.
If the owner does not comply with the notice to abate the conditions,
within the time limit prescribed, the Borough of Swoyersville shall
have the authority to take measures to correct the conditions and
collect the cost of such corrections plus 10% of all costs. The Borough
of Swoyersville, in such event and pursuant to its statutory or otherwise
authorized police powers, shall have the right and power to enter
upon the offending premises to accomplish the foregoing.
Any person aggrieved by the decision of the Building Inspector/Code
Enforcement Officer and issued a citation by the Building Inspector/Code
Enforcement Officer may request a hearing before the Magisterial District
Judge.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 and not more than $600, and in default of payment, to undergo
imprisonment for a term not to exceed 30 days. Each day that a violation
of this chapter continues 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 remedies provided herein for the enforcement of this chapter,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
option of the Borough of Swoyersville.
If any provisions of this chapter or the application thereof
to any person or circumstances is held invalid, the invalidity does
not affect the other provisions or applications of this chapter which
can be given effect without the invalid provision or application,
and to this end the provisions of this chapter are severable.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall become effective on November 2, 1998.
