It is the stated purpose of this chapter to promote the health,
safety and general welfare of the Borough by helping to create a clean
environment for the citizens of Wilson. Lack of maintenance of properties,
littering, improper storage of trash and rubbish, storage of inoperable/nonregistered
vehicles, vendor operations without permits, and accumulation of snow
and ice are costly problems contributing to the deterioration of property
values and general appearance and safety within this community. These
problems degrade the physical appearance of the Borough, which reduces
business and tax revenue stifling economic development. The quality
of life and community pride of the citizens of Wilson are negatively
impacted by continued existence of these problems if not addressed
with a plan to abate and/or eliminate these concerns.
The following words, terms, and phrases, when used in this chapter,
shall be defined as follows, unless context clearly indicates otherwise:
AUTHORIZED LITTER RECEPTACLE
A litter collection receptacle which is placed on the public
right-of-way or on public property by the Borough for use by the public
to deposit small quantities of hand-held trash, not including household
or commercial waste.
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 avoid the creation of a nuisance or
become a harboring place and potential food supply for insects, rodents
and vermin.
DUMPING
Includes, but is not limited to, depositing of litter, durable
goods (refrigerators, washers, dryers, etc.) small appliances, furniture,
carpets, tires, vehicles, vehicle parts and automotive products, and
other such municipal waste, hazardous waste, residual waste and construction
or demolition debris on public or private property, except as authorized
by law.
GARBAGE
Animal or vegetable waste resulting from the handling, preparation,
cooking, and/or consumption of food or food products.
GRAFFITI
Any unauthorized inscription, word, figure, mark, adhesive
label patch or design that is written, marked, etched, scratched,
drawn, painted or engraved on, or otherwise affixed to, any surface
of public or private property, including but not limited to, buildings,
homes, structures, store fronts and the like.
HAZARDOUS WASTE
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:
A.
Cause, or significantly contribute to, an increase in mortality
or in serious irreversible and/or incapacitating conditions.
B.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
HOUSEHOLD HAZARDOUS WASTE (HHW)
Waste which would be chemically or otherwise classified as
a hazardous waste by any governmental agency, but excluding 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, oil-based paints, fluorescent light
bulbs, acids and other products meeting DEP list of household hazardous
materials.
IMMINENT DANGER
A condition which may cause serious or life-threatening injury
or death for any reason as determined by a law officer acting in that
capacity.
INDOOR FURNITURE
Any and all pieces of furniture which are made for only inside
use including, but not limited to, upholstered chairs and sofas, etc.
JUNKED VEHICLE
A.
A motor vehicle which presents a hazard or danger to the public
or is a public nuisance by virtue of its state, condition level of
disrepair or its location.
B.
The following conditions, if present, constitute examples of
a condition of disrepair:
(1)
Rusted and/or jagged metal on or protruding from the body of
the vehicle.
(2)
Broken glass or windows on or in the vehicle.
(3)
Leaking of any fluids from the vehicle or deflated or flat tire(s).
(4)
Unsecured and/or unlocked doors, hood, or trunk.
(5)
Storage or placement of the vehicle in an unbalanced condition,
on blocks, or jacks or other similar apparatus. (See "motor vehicle
nuisance.")
(6)
Harboring of rodents, insects, or other pests;
(7)
Any other noxious or offensive material, as determined by a
governmental agency.
C.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also "motor
vehicle nuisance."
LITTER
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, and
dirt, mud and yard waste that has been abandoned or improperly discarded,
deposited, or disposed of.
LOCAL RESPONSIBLE AGENT
Any person residing or working within the County of Northampton
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
MOTOR VEHICLE
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, motorcycles, ATVs, snowmobiles and
mopeds.
MOTOR VEHICLE NUISANCE
A motor vehicle with one or more of the following defects
or conditions:
A.
Broken windshields, mirrors, or other glass, with or without
sharp edges.
B.
Broken headlamps, tail lamps, bumpers, or grills.
C.
Any body parts, truck, firewall, or floorboards with sharp edges
or large holes resulting from rust.
D.
Protruding sharp objects from any part of the vehicle.
E.
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harborage.
F.
One or more open tires or tubes which could permit animal harborage.
G.
Any vehicle suspended by blocks, jacks, or other such materials
in a location which has the potential to pose a danger to the public,
property owners, visitors, or residents of the property on which said
vehicle is found.
H.
Fluids leaking from a vehicle which is determined harmful to
the public or the environment.
I.
Disassembled body or chassis parts stored in on or about the
vehicle.
J.
Vehicles that do not display a current valid license and registration,
or otherwise not in compliances with any and all relating to the licensing
and operation of motor vehicles.
K.
Such other defects or conditions which the Fire Department determines
to have the potential of causing damage to public or private property.
L.
Motor vehicles parked, drifted, or otherwise located which may
interfere with flow of pedestrians and where a duly authorized officer
of the law resulted in automobile traffic or impede emergency efforts.
MUNICIPAL 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 or organic waste.
NOTICE OF VIOLATION
A written document issued to a person in violation of a Borough
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
NUISANCE
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the Borough, or causes a blight in Borough neighborhoods
as determined by a duly authorized officer of the law offers after
reasonable inspection. See also "public nuisance."
OWNER
The owner of record of the property as set forth in the Office
of the Recorder of Deeds in Northampton County.
PERSON
Any individual residing in or having occasion to appear within
the jurisdiction boundaries of Wilson Borough and shall specifically
include any and all business entities, firms, corporations, partnerships,
associations, or institutions.
PLANTER STRIP
The nonconcrete space between the sidewalk and the curb.
PRIVATE PROPERTY
Any land, and 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.
PROPERTY
A legal or equitable interest in real or personal property,
including but not limited to the interest of a tenant or lessee.
PUBLIC NUISANCE
In addition any conditions or premises which are unsafe or
unsanitary.
PUBLIC OFFICER
Any police officer, code officer, authorized inspector, or
public official designated by the Borough to enforce the Borough ordinances.
PUBLIC 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.
RECYCLABLE MATERIAL
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
shall include, but not necessarily be limited to, aluminum cans, ferrous
and bi-metal cans, glass containers, plastic bottles and containers,
mixed paper, white goods, major appliances, televisions, tires, batteries,
fluorescent bulbs, and large auto parts.
RESIDUAL WASTE
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.
RESPONSIBLE PARTY
An owner, entity or person acting as an agent for another,
which has authority over the property or is responsible for the property's
maintenance or management, irrespective of any arrangement to the
contrary with any other party, each owner shall always be a responsible
party for the purpose of this chapter. There may be more than one
responsible party for a particular property.
RUBBISH
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery, and dust and other
similar materials.
SHADE TREE
Unless otherwise specified, includes all trees, shrubs, and
woody vegetation in the public right-of-way or which falls within
the provisions.
SIDEWALK AREA
The public right-of-way between the property line and the
curb line or the established edge of the roadway.
SOLID WASTE
Any waste including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
STORAGE
The containment of any municipal waste on a temporary basis
in such a manner as to constitute disposal as such waste. It shall
be presumed that the containment of any municipal waste in excess
of three months constitutes disposal.
TREE WELL
The nonconcrete area surrounding a shade tree planted between
the sidewalk and the curb.
VEGETATION
Any planting that is cultivated and managed for edible or
ornamental purposes such as vegetable gardens, trees, shrubs, hedges,
flowers, and other organic living vegetation, etc.
VIOLATION TICKET
A form issued by a police officer or other authorized person
to a person who violates a provision of this section. The violation
ticket is an offer by the Borough of Wilson extended to a person to
resolve a violation by paying the fine in lieu of a citation being
issued against the violator.
WEEDS
A.
All grasses, annual plants, and vegetation, which meet any of
the following criteria:
(1)
Exceed 10 inches in height.
(2)
Emits foul or odorous scents or pollen such as ragweed, dandelion,
and similar vegetation commonly referred to as weeds, brush or nondecorative
vegetation.
(3)
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
(4)
Cause a public nuisance in the sound discretion of a public
official.
B.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes such as vegetable gardens, trees,
shrubs, flowers, etc.
YARD
An open space on the same lot along with a structure as part
of a lot or other condition ancillary to the structure.
Notices of any violation shall be served upon an alleged violator
by personal service by an adult authorized by Borough Council; by
handing same to the alleged violator; by delivery to the residence
of the alleged violation by handing the notice to an adult member
of the household or other adult responding; by leaving or affixing
the notice at the door of the residence of the alleged violation property;
or by certified mail (read receipt requested) 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.
If violations are continuous or egregious, code officials have
the right to issue citations without first issuing tickets, provided
notice has been given. Upon issuance of four tickets for the same
violation, right is reserved for the code officials to issue citation
for the fifth and subsequent offenses.
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this chapter,
or of any regulation or requirement pursuant hereto and authorized
hereby shall, upon conviction, be ordered to pay a fine of not less
than $100 and not more than $1,000 on each offense or imprisoned no
more than 90 days, or both.
The Magisterial District Judge may, if in accordance with applicable
law, order the violator to pay restitution to said real or personal
property owner.
At the discretion of the Borough of Wilson, all tickets for
which payment is not received within 45 days of issuance of a ticket
for which an appeal is not taken, and 45 days from denial of appeal
and monies paid by the Borough of Wilson for abatement of a violation
not paid within 45 days of billing, may be turned over by the Borough
to a collection agency for receipt.
At the discretion of the Borough of Wilson, liens may be placed
upon a property against which tickets were issued for which payment
is not received within 45 days of issuance of a ticket for which an
appeal is not taken, and 45 days from denial of appeal and monies
paid by the Borough of Wilson for abatement of a violation and not
paid within 45 days of billing.
The penalty lien and collection provisions of this chapter shall
be independent, nonmutually exclusive separate remedies, all of which
shall be available to the Borough of Wilson as may be deemed appropriate
for carrying out the purposes of this chapter. The remedies and procedures
provided in this chapter 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 other Borough of
Wilson Code or codified ordinances, whether or not such other code
or ordinance is referenced in this chapter, and whether or not an
ongoing violation of such other code or ordinance is cited as the
underlying ground for a finding of a violation of this chapter.
If any provision, paragraph, word, section, or subsection of
this chapter 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.