[Adopted 8-17-2022 by Ord. No. 7-2022]
Lack of maintenance of properties, littering, improper storage
of trash and rubbish, storage of inoperable/nonregistered vehicles,
operations without permits, 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 City of Nanticoke, which reduces business and tax
revenue inhibiting economic development. The quality of life and community
pride of the citizens of the City of Nanticoke 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 City of Nanticoke by
helping to create a clean environment for the citizens of the City
of Nanticoke.
The following words, terms, and phrases, when used in this article,
shall be defined as follows, unless the context clearly indicates
otherwise:
A litter collection receptacle which is placed on the public
right-of-way or on public property by the City 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, household
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:
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. HHW also includes any feces or bodily fluids.
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.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. For example, 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 and dirt, mud and yard waste that has been abandoned or improperly
discarded, deposited, or disposed.
Any person residing or working within the County of Luzerne
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 City 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 vehicles 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 inspection.
Such other defects which the Police or Fire Department determines
to be a danger to the general public or property.
Motor vehicles parked 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 of 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.
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the City of Nanticoke, or causes a blighting effect in
City neighborhoods. See also "public nuisance."
Every natural person, firm, corporation, partnership, association,
institution or other legal entity.
The nonconcrete 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 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 conditions or premises which are unsafe or unsanitary.
Any police officer, authorized inspector, code official or
public official designated by the City of Nanticoke to enforce the
City of Nanticoke's 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. These materials
may include, but not be limited to, aluminum cans, ferrous and bi-metal
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 treated wood,
coal, coke, and other combustible materials, paper, rags, cartons,
boxes, excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metals, mineral matter, glass, crockery, dust, junk, litter
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 of such waste, and
it shall be presumed that the containment of any municipal waste in
excess of three months constitutes disposal.
The nonconcrete 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 article. The violation ticket
is an offer by the City of Nanticoke 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 six 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.
Encroaches onto neighboring properties by way of leaders or
roots without property owners' consent.
Causes a public nuisance.
Presents a potential danger such as poisonous weeds, including
poison ivy, sumac, oak, etc.
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.
Operating or vending without the proper permit/license. It shall
be unlawful for any person to operate, including, but not limited
to, any business, vending cart, store, or establishment without the
proper permits/licenses.
B.
Storing or presence of hazardous waste or household hazardous waste.
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.
C.
Storing or serving of potentially hazardous food. No individual or
entity operating a business shall store or serve potentially hazardous
food, including, but not limited to, out-of-date food, food being
stored above or below the appropriate temperature, food being stored
directly on a flooring surface, infestation problems at the location,
or serving food that had previously been open are considered a violation
of this article.
D.
Violating the terms of any vending license. It shall be unlawful
to violate any term of, part of, portion of or, in total, any vending
license. Any person, business, partnership, or entity violating their
vending license shall be in violation of this article.
E.
All City permits to be displayed. All City permits, building or otherwise,
shall be displayed in a fashion that makes them visible from the roadway.
In cases of demolition, the permit shall be displayed in the back
window of a construction vehicle parked on site and visible from the
roadway. Should a permittee not be able to comply with this requirement,
they shall have to notify the Code Officer or other applicable official
of the issue, and seek immediate authorization/approval.
F.
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, clutter, junk, personal items, rubbish, or garbage.
G.
Animal maintenance and waste/feces cleanup. People owning, harboring,
or keeping an animal within the City of Nanticoke 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.
H.
Disposal of rubbish or garbage/dumping. Improper disposal of rubbish
or garbage, including the burning of trash or dumping or disposing
of rubbish or garbage on vacant, unoccupied, or other property.
I.
High weeds, grass or plant growth. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of six
inches. All public rights-of-way, including alleyways, sidewalks,
roads, etc., shall be clear from any overgrowth which may affect one's
visibility or access to said public rights-of-way. 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 article.
J.
Littering or scattering rubbish. No person shall throw, dump, place,
sweep, or dispose of any waste, trash, garbage, or rubbish upon any
public sidewalk, alley, street, bridge, public passageway, public
parking area, or on any public property.
K.
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.
L.
Outside placement of indoor appliances/furniture. It is prohibited
to store or place any and 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. If maintenance is
being performed, or if the items are actively being sold in a yard
sale, the items shall not be left unattended.
M.
Ownership presumption of waste, trash, and/or recyclables for illegal
dumping and illegal hauling. It shall be the responsibility of every
owner and/or occupant to dispose of their waste, trash, or recyclables
in a proper manner. Any business or person who is unable to show proof
that they have legally disposed of any waste, trash, or recyclables
will be in violation of this article. Should any person or business
use an unlicensed hauler to dispose of their waste, trash, or recyclables,
said person or business shall be in violation of this article. Upon
request of the public officer, any owner or occupant must show proof
of their appropriate trash and/or recyclable hauler. Any parts found
within a municipal waste container, recycling container, garbage bag,
or loose trash/waste displaying the name and/or address of a person
and/or persons, that trash or waste shall be presumed to be the property
of such person and/or persons. It shall be unlawful for any person
to remove or haul waste, trash, or recyclables without the proper
approval or license. Any waste, trash, or recyclables found not to
be disposed of in accordance with this article will be a violation
of this article.
N.
Placement or littering by private advertising matter. No person shall
throw, place, sweep, or dispose of litter or private advertising matter
upon any public sidewalk, alley, street, bridge, public passageway,
public parking area, or any public property. No person, group, organization,
or entity will hang, place, or advertise on any public property in
any manner. No person, group, organization, or entity will hang, place,
or advertise on any property that they do not have any ownership rights
to without the written approval of said owner.
O.
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 City of Nanticoke 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 City of Nanticoke, 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 or publicly
accessible property, including but not limited to schools, libraries,
and any City-owned buildings, 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.
P.
Storage containers for waste or trash. The owner of every premises
shall supply approved containers for waste or 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
the rear of every property so said containers are not visible from
the public right-of way. Waste/trash containers and/or bags may only
be placed in front of any property not more than 24 hours before the
scheduled pickup time. All waste/trash bags must be stored in containers
up until the twenty-four-hour period prior to the scheduled pickup
time. Once the licensed hauler removes the waste/trash from any property,
all containers must be returned to the rear of any property before
daybreak on the day following pickup.
Q.
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.
R.
Swimming pools. Swimming pools shall be maintained in good repair
at all times. They shall also be kept clean, sanitary, covered, and
safe with all required and appropriate fencing.
Upon finding a quality-of-life violation, any public officer,
including police officers and code enforcement officials of the City
of Nanticoke, 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.
The provisions of this article shall be enforced by police officers,
or any other public officer, including code enforcement officials.
B.
Any violation of the provisions of this article may be cause for
a citation, a violation ticket, to be issued to the violator, as more
particularly provided for herein.
C.
If the penalties or fines, more particularly provided herein, are
not paid in the time period as required, the code enforcement official
reserves the right to seek remedy to said violation by relying on
any other legal means under this article, including, but not limited
to, issuing citations under any other ordinances of the City of Nanticoke.
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 violating this article is hereby directed, upon issuance of a quality-of-life ticket, to correct the violation in question in accordance with the time frames set forth in § 368-24 of this article.
B.
City of Nanticoke cleanup. The City reserves the right to perform any necessary work to abate any violation once the time period for abatement expires as provided for in § 368-24 of this article. Should the violation, at the discretion of the Code Enforcement Officer, present imminent danger and/or pose a health hazard and/or risk, the City reserves the right to perform the abatement immediately. The City will perform this work at a rate of $60 per hour, per hour, per worker, and forward the cost of any material necessary for the abatement. The City reserves the right to charge an additional 20% on all material purchases to cover all miscellaneous expenses, such as wear and tear on equipment. Alternatively, the City reserves the right to direct a contractor to perform the abatement of the violation in question once the time period for abatement has expired in accordance with § 368-24 of this article. Should the violation present imminent danger and/or pose a health hazard and/or risk, the City reserves the right to direct the contractor to perform the abatement immediately. The contractor will submit a bill for their work to the City of Nanticoke and the City will forward these costs to the violator. The City reserves the right to add a 30% processing fee in addition to the cost of the contractor. In addition to all other remedies set forth in this article, the City of Nanticoke may lien the owner's property.
A.
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 City for the cleanup and abatement of the violation.
|
Violation
|
Description
|
Fine
|
Abatement
| |
|---|---|---|---|---|
|
QOL-001
|
Operating or vending without the proper permit/license
|
$150
|
Immediate
| |
|
QOL-002
|
Storing or presence of hazardous waste or household hazardous
waste
|
$300
|
Immediate
| |
|
QOL-003
|
Storing or serving potentially hazardous food
|
$200
|
Immediate
| |
|
QOL-004
|
Violating the terms of a vending license
|
$100
|
Immediate
| |
|
QOL-005
|
All City permits requiring display
|
$100
|
24 hours
| |
|
QOL-006
|
Accumulation of rubbish or garbage
|
$50
|
24 hours
| |
|
QOL-007
|
Animal maintenance and waste/feces cleanup
|
$50
|
24 hours
| |
|
QOL-008
|
Improper disposal of rubbish or garbage/dumping
|
$100
|
24 hours
| |
|
QOL-009
|
High weeds, grass or plant growth
|
$50
|
48 hours
| |
|
QOL-010
|
Littering or scattering rubbish
|
$50
|
48 hours
| |
|
QOL-011
|
Motor vehicle violations
|
$50
|
48 hours
| |
|
QOL-012
|
Outside placement of indoor appliances/furniture
|
$50
|
48 hours
| |
|
QOL-013
|
Ownership presumption of waste, trash and/or recyclables for
illegal dumping/hauling
|
$50
|
48 hours
| |
|
QOL-014
|
Placement or littering by private advertising matter
|
$50
|
48 hours
| |
|
QOL-015
|
Snow and ice removal from sidewalks
|
$50
|
24 hours
| |
|
QOL-016
|
Storage containers for waste or trash
|
$50
|
48 hours
| |
|
QOL-017
|
Storing of recyclables
|
$50
|
48 hours
| |
|
QOL-018
|
(A) Swimming pool maintenance
|
$50
|
48 hours
| |
|
(B) Swimming pool safety
|
$300
|
Immediate
| ||
B.
Failure of the person to make payment within five business days of
the date of the issuance of a violation ticket and remedy the issue
shall result in the filing of a citation, for failure to pay the above
enumerated fine, with the Magisterial District Judge.
C.
If violations are continuous, which is defined to be more than two
violations within 365 days, or egregious, code officials have the
right to issue citations, under any other applicable municipal ordinances,
without first issuing tickets.
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 be guilty of a summary offense and, upon conviction
before the Magisterial District Judge, be ordered to pay a fine of
not less than $250 and not more than $1,000 on each offense or imprisoned
no more than 90 days, or both.
The Magisterial District Judge may order the violator to make
restitution where appropriate.
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.
The provisions of this article shall supersede the International
Property Maintenance Code for violations contained herein.
A.
If any section, subsection, sentence, or clause of this article is
held, for any reason, to be invalid, such decision shall not affect
the validity of the remaining portions of this article.
B.
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 30 days after its passage and
approved in the manner prescribed by law.
