[Adopted 11-17-2022 by Ord. No. 2022-03]
This Part shall be known as the Borough of Homestead "Quality of Life Ordinance."
The lack of maintenance of properties, littering, improper storage of trash and rubbish, storage of inoperable/nonregistered vehicles, and accumulation of snow and ice are costly problems that negatively impact the public health, safety, and general welfare of the Borough residents and their guests and contribute to the deterioration of property values and general disorder in the Borough. These problems degrade the physical appearance of the Borough, which reduces business and tax revenue, inhibiting economic development. The quality of life and community pride of the citizens of the Borough are negatively impacted by the occurrences and existence of these activities. Recognizing these are community problems, the purpose of this Part is to promote the health, safety and general welfare of the Borough by helping to create a clean environment for the citizens of Homestead.
The provisions of this Part shall apply to all existing and future properties and fixtures.
1. 
The following words, terms, and phrases when used in this Part shall be defined as follows, unless the context clearly indicates otherwise:
ABANDONED MOTOR VEHICLE
Any motor vehicle that:
A. 
Is inoperable and is left unattended on public property for more than 48 hours; or
B. 
Has remained illegally on public property for a period of more than 48 hours; or
C. 
Is left unattended on or along a public highway without a valid registration plate or valid and current inspection; or
D. 
Has remained on private property without the consent of the owner or person in control of the property for more than 48 hours.
ADDRESS
Any numerical sign, placard or any other display which identifies the street address of any dwelling unit or structure.
ADULT
Any person 18 years of age or older.
DEBRIS
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 or rodents.
DUMPING
Includes, but is not limited to, depositing of litter, depositing durable goods (refrigerators, washers, dryers, televisions, air-conditioning units, etc.), small appliances, furniture, carpets, tires, vehicles, vehicle parts and automotive products or other such municipal waste, hazardous waste, residual waste and construction or demolition debris on public or private property, except as authorized.
DWELLING UNIT
One or more rooms, including a kitchen or kitchenette and sanitary facilities in a dwelling structure, designed as a unit for occupancy.
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INDOOR FURNITURE
Any and all pieces of furniture which are made only for inside use, including, but not limited to, upholstered chairs, couches, sofas, etc.
JUNK MOTOR VEHICLE
Any motor vehicle which is either unable to move under its own power or does not have a valid registration plate and a valid and current inspection sticker, or has any of the following physical defects:
A. 
Broken windshields, mirrors or other glass;
B. 
One or more flat or open tires or tubes;
C. 
Missing doors, windows, hood, trunk, or other body parts;
D. 
Any body parts with sharp edges, including holes resulting from rust;
E. 
Missing tires;
F. 
Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle;
G. 
Broken vehicle frame suspended from the ground in an unstable manner;
H. 
Leaking or damaged oil pan or gas tank which could cause a fire or explosion;
I. 
Exposed battery containing acid;
J. 
Open or damaged floor boards, including trunk and firewall;
K. 
Damaged bumpers pulled away from the perimeter of the vehicle;
L. 
Broken grill with protruding edges;
M. 
Such other defects that could threaten the health, safety and welfare of the citizens of the Borough of Homestead.
N. 
If a vehicle is tarped or covered and the owner or person responsible for said vehicle refuses to remove the tarp for the proper Borough official, the vehicle shall be considered to be an abandoned or junk motor vehicle.
LITTER
Includes, but is not limited to, all waste material, garbage, trash, i.e., waste paper, 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.
NUISANCE
Any activity, conduct or condition which causes injury, damage, hurt, inconvenience, annoyance or discomfort to the public as necessarily comes in contact with such activity, conduct, or condition, and which adversely affects the same's safety, health, morals, or general welfare, including aesthetics.
OCCUPANT
Any person who lives in or has possession of, or holds an occupancy interest in, a dwelling unit; or any person residing in or frequenting the premises of the dwelling unit with the actual or implied permission of the owner or lessee.
PUBLIC OFFICER
Any police officer, authorized inspector, or public official designated by Mayor or Council to enforce Borough ordinances.
RECYCLABLE MATERIAL
Includes 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, and paper.
RIGHT-OF-WAY
The total width of any land used, reserved or dedicated as a street, alley, driveway, sidewalk or utility easement, including curb and gutter areas.
WASTE
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.
2. 
Any terms not defined herein shall have their ordinary meaning.
1. 
The following shall be considered quality of life violations:
A. 
Accumulation of rubbish, garbage, junk or litter. It shall be unlawful for any person, business or entity to allow the accumulation of rubbish, debris or garbage upon their property or premises, including but not limited to the following:
(1) 
All exterior property and premises, and the interior of every structure, shall be kept free from any accumulation of waste, trash, rubbish, debris or garbage.
(2) 
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, TVs, computers or electronic components, 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 purposes of keeping the item on the exterior of the property for a period of less than 24 hours for the purpose of maintaining the item or removing the item from the real property.
(3) 
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.
B. 
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 in compliance with the applicable fire and/or building codes, and at least 10 feet away from the public right-of-way.
C. 
Storing of recyclables. Storage of recyclables is only permitted in approved containers which must be kept clean and sanitary at all times.
D. 
Storage receptacles for waste or trash.
(1) 
All receptacles that store garbage, rubbish, or refuse shall be in compliance with Chapter 20, Solid Waste, Part 1, of the Borough of Homestead Municipal Code.
(2) 
Waste/trash containers may only be placed in front of any property when darkness occurs the night before the day of the scheduled pickup day, and all containers must be returned to their storage area before daybreak on the day following pickup.
E. 
Littering, scattering rubbish or dumping.
(1) 
No person shall throw, dump, place, sweep or dispose of any litter, waste, trash, garbage, tobacco product or rubbish upon any public sidewalk, alley, street, bridge, public passageway, public parking area, right-of-way or on any public property.
(2) 
The improper disposal of rubbish or garbage or dumping or disposing of rubbish or garbage on vacant, unoccupied, or other property is prohibited.
F. 
Motor vehicles.
(1) 
Except as provided for in other regulations, no inoperative, unlicensed, or not currently inspected motor vehicle, trailer or other equipment shall be kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.
G. 
Placement or littering by private advertising matter.
(1) 
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, right-of-way or any public property.
(2) 
No person, group, organization or entity will hang, place or advertise on any public property in any manner without prior approval of the Borough of Homestead.
(3) 
No person, group, organization or entity will hang, place or advertise on any property that they do not have any ownership rights to without written approval of said owner.
H. 
Animal maintenance and waste/feces cleanup. People owning, harboring, keeping or responsible for an animal within the Borough of Homestead:
(1) 
Shall not permit them to run at large or make unreasonable noise.
(2) 
Shall not allow waste matter/feces from the animal to collect or remain on their property so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition and shall clean it up on a daily basis.
(3) 
Shall clean up waste matter/feces from the animal deposited anywhere else in the Borough immediately.
I. 
Insects or vermin. Infestation of insects or vermin shall not be allowed to continue, and the owner or occupant of any infested property shall report same to the Police Department, and/or Code Enforcement of the Borough and take appropriate steps to abate said infestation without unnecessary delay. Failing to do so is a violation.
J. 
High weeds, grass, plant growth or standing water. All premises and exterior property shall be maintained free from weeds, or plant growth in excess of 12 inches as defined herein, and water shall not be allowed to stand or accumulate in a manner that would attract insects or vermin. All such plant growth shall otherwise be in compliance with the provisions of the 2015 International Property Maintenance Code adopted therein, and any violation thereof shall be considered a violation of this Part and may also be enforced and ticketed as such.
K. 
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 Borough is required to remove any snow or ice from their sidewalk within 24 hours or a reasonable time after the cessation of snowfall.
L. 
Swimming pools shall be maintained in good repair at all times. They shall also be kept clean, safe, sanitary, and covered when not in regular use.
M. 
Property maintenance: accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound, in good repair, and in compliance with the provisions of the 2015 International Property Maintenance Code adopted therein, and any violation thereof shall be considered a violation of this Part and may also be enforced and ticketed as such.
N. 
Water diversion.
(1) 
No person shall cause water collected in a gutter or gutter system to be deposited onto the public right-of-way in a manner creating a public nuisance.
(2) 
No person shall cause a pump, whether a sump pump or otherwise, to deposit water onto the public rights-of-way.
(3) 
No person shall cause groundwater, stormwater, wastewater or any other source of water to be deposited onto the public rights-of-way.
(4) 
All discharge/deposits in Subsection N(1) through (3) above shall be in compliance with § 5-202.18 of Part 2, Property Maintenance, in Chapter 5, Code Enforcement, of the Borough of Homestead Municipal Code and the 2015 International Property Maintenance Code adopted therein, and any violation thereof shall be considered a violation of this Part and may also be enforced and ticketed as such.
O. 
Sidewalks. All sidewalks shall be in good repair and free of defect and/or hazard, and otherwise shall be in compliance with the Borough of Homestead Municipal Code Chapter 21, Part 1, and the 2015 International Property Maintenance Code adopted therein, and any violation thereof shall be considered a violation of this Part and may also be enforced and ticketed as such.
P. 
Proper identification of properties. All persons owning or occupying structures located on property situated in the Borough of Homestead shall maintain adequate numerical signs or other display apparatus that signifies the structure's proper street address. The displays shall show the proper street number in its entirety. Numerical displays shall be positioned in a manner, affixed to the structure, to be visible from the public right-of-way. It shall be unlawful for persons owning or occupying a structure to fail to install and/or maintain displays as set forth above.
Q. 
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 on sold 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.
R. 
Defacement of property.
(1) 
No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.
(2) 
It shall be unlawful for any property owner to fail restore any surface that exhibits any mutilation or defacement on any exterior surface on any structure they own located in the Borough of Homestead.
Upon finding a quality of life violation, any public officer of the Borough of Homestead, appointed by the Mayor and/or Borough Council of the Borough of Homestead, may issue quality of life violation tickets and/or citations to the owner and/or occupant of the property at issue or to the individual known to have violated this Part.
A violation ticket may be served upon a violator by handing it to the violator or his/her agent, by handing it to an adult member of the household or other person in charge of the residence, by leaving the notice or violation ticket upon or affixing it conspicuously to the property where the violation exists, by handing it to the violator at any office or usual place of business of the violator, or to the person for the time being in charge thereof, or by mailing the violation ticket 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 violation ticket may be issued and fine imposed.
Public officers are hereby authorized to promulgate rules and regulations to implement and supplement the provisions of this Part.
1. 
Any person or business violating this Part is hereby directed to, upon issuance of a quality of life ticket, correct the violation in question. Public officers are authorized and empowered to cause a violation to be corrected.
2. 
The Borough of Homestead reserves the right to abate the violation in question at the expense of the owner if the violation is not abated by the property owner within 10 business days. Should the violation, at the discretion of the appropriate officer(s), present imminent danger and/or pose a health hazard and/or risk, the Borough reserves the right to perform the abatement immediately. The Borough will perform this work at a rate of $60 per hour, per man. The Borough reserves the right to charge an additional 20% on all material purchases to cover all miscellaneous expenses, such as wear and tear on equipment. If the Borough has abated 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.
3. 
Contractor cleanup. The Borough reserves the right to direct a contractor to perform the abatement of the violation once 10 business days pass 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 Borough reserves the right to direct the contractor to perform the abatement immediately. The contractor will submit a bill for his work to the Borough of Homestead, and the Borough will forward these costs to the violator. The Borough reserves the right to add a processing fee of $10 in addition to the cost of the contractor.
1. 
For the first instance of a violation of this Part within a twelve-month period, violation tickets shall be issued in the amount of $25.
2. 
For the second violation of this Part within a twelve-month period, violation tickets shall be issued in the amount of $50.
3. 
For the third and any subsequent violation of this Part within a twelve-month period, violations tickets shall be issued in the amount of $100.
4. 
Upon issuance of three tickets under this Part, the Borough reserves the right to issue a citation for each subsequent offense.
1. 
If the person or entity in receipt of a $25 violation does not pay the fine or request a hearing within 10 calendar days, the person or entity will be subject to a $10 penalty. Any person or entity who does not pay the fine within 20 calendar days will be subject to an additional $20 penalty.
2. 
If the person or entity in receipt of a $50 violation does not pay the fine or request a hearing within 10 calendar days, the person or entity will be subject to a $20 penalty. Any person or entity who does not pay the fine within 20 calendar days will be subject to an additional $40 penalty.
3. 
If the person or entity in receipt of a $100 violation does not pay the fine or request a hearing within 10 calendar days, the person or entity will be subject to a penalty of $50. Any person or entity who does not pay the fine within 20 calendar days will be subject to an additional $75 penalty.
4. 
Failure of the person or entity to make payment within 30 calendar days of a violation ticket in any amount shall be issued a citation for failure to pay.
1. 
A person in receipt of a violation ticket may appeal to the Borough Council by filing an appeal request in writing, on a form to be provided, within 10 calendar days of the date of the violation ticket, stating the reasons for appeal, and accompanied by the appropriate fine amount.
2. 
If abatement or other costs were associated with the violation, these will be posted, along with the appeal.
3. 
The appeal will be addressed by Borough Council at the next scheduled public meeting following the filing of the appeal. The violator may address the Borough Council at this public meeting prior to the Borough Council voting on the appeal. By majority vote of the Borough Council, the appeal may be upheld or denied, or the violation ticket and/or any associated costs, fines or penalty amounts modified. Borough Council will issue written notice of the decision, along with any refunds applicable.
Any person, firm or corporation who shall fail, neglect, or refuse to comply with any of the terms or provisions of this Part, or of any regulation or requirement pursuant hereto and authorized hereby, shall, upon conviction before the Magisterial District Judge, be ordered to pay a fine of no less than $300 and not more than $1,000 on each offense.
The Magisterial District Judge may order the violator to make restitution, where appropriate, to pay the Borough's costs of collection/citation proceedings, and to pay the Borough's reasonable attorney's fees associated with the prosecution of the same.
At the discretion of the Borough, all tickets and costs of abatement for which payment is not received within 45 days of issuance may be turned over by the Borough to a collections agency for receipt. The Borough may place liens on properties wherein a nuisance was removed and abated, pursuant to 53 P.S. § 7101 et seq.
The penalty and collection provisions of this Part shall be independent, nonmutually exclusive separate remedies, all of which shall be available to the Borough of Homestead as may be deemed appropriate for carrying out the purposes of this Part. The remedies and procedures provided in this Part for violation hereof are not intended to supplant or replace, to any degree, the remedies and procedures available to the Borough in the case of a violation of any Borough of Homestead ordinance, whether or not such other code or ordinance is referenced in this Part and whether or not ongoing violation of such other code or ordinance is cited as the underlying ground for a finding of a violation of this Part.