This chapter shall be known and may be cited as the "Middle
Smithfield Township Property Maintenance Ordinance."
Recognizing the need within Middle Smithfield 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 establishes standards and procedures which
the Board of Supervisors of Middle Smithfield Township considers to
be necessary, 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.
The following terms shall have the following meanings in this
chapter:
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.
DETERIORATION
The condition of a building, structure or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other
evidence of physical decay or neglect, lack of maintenance, or excessive
use.
ENFORCEMENT OFFICER
Any building official, zoning officer and/or code enforcement
officer authorized by the Township to enforce this chapter and/or
the applicable code(s).
EXTERIOR OF PREMISES
Those outside surface portions of a building or structure
which are exposed to public view or are visible from adjoining or
adjacent properties, including all outside surfaces and appurtenances
thereto, and the open space on the premises outside any building or
structure erected thereon.
EXTERMINATION
Elimination of insects, rodents, or other pests by eliminating
their harborage places, by removing or making inaccessible materials
that may serve as their food, or by any approved pest elimination
methods.
FIRE HAZARD
Any thing or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than customarily
recognized as normal by persons in the public service of preventing,
suppressing, or extinguishing fire, or which may obstruct, delay,
or hinder, or may become a cause of an obstruction, delay, hazard
or hindrance to, the prevention, suppression, or extinguishment of
fire.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
INFESTATION
The presence of an unusually large number of insects, rodents,
vermin and/or other pests.
LITTER
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
LOT
Plot, tract, premises or parcel of land, with or without
improvements thereto.
NUISANCE
Any public or private condition that would constitute a "nuisance" according to the statutes, laws, and regulations of the Commonwealth of Pennsylvania, any of its agencies or Middle Smithfield Township's Code of Ordinances, including but not limited to Chapter
136, Nuisances; any physical condition existing in or on the exterior of any premises, which is potentially dangerous, detrimental, or hazardous to the health or safety of persons on, near, or passing in proximity of the premises where said condition exists.
OCCUPANT
Any occupant, owner, agent, tenant, lessee, caretaker, or
other person or corporation in charge of the premises of or having
actual possession or use of a business, or other premises affected
by this chapter.
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.
PREMISES
A lot, plot, or parcel of land, including the buildings,
structures, and improvements thereon.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, dead animals and commercial and industrial
wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
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 Middle Smithfield 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 control.
Owners shall be responsible for compliance with the provisions
of this chapter. Any occupant of a premises shall also 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, together
with the owner.
If in the opinion of the enforcement officer the owner and/or
occupant is out of compliance with and/or in violation of the standards
in this chapter, the enforcement officer shall proceed with the following
actions:
A. The owner and/or occupant shall first receive a warning letter from
the enforcement officer, or other Township authorized representative,
describing the violation(s) and providing the owner and/or occupant
a reasonable period of time to resolve the violation.
B. If the owner and/or occupant does not resolve the violation to the
satisfaction of the enforcement officer within the period of time
provided for within the warning letter, the enforcement officer shall
move ahead with a formal notice of violation. 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 30 days of 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, Middle
Smithfield 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.
The owner and/or occupant shall correct any and all noted deficiencies
within 30 days of the notice of violation. Extension of such specified
period of time may be granted by Middle Smithfield 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 exists
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 more
than $600, plus all court costs, including reasonable attorney's
fees incurred in the enforcement of this chapter. No judgement 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 Middle Smithfield Township, entry, onto
premises for the purpose of inspection of any and all premises, properties,
buildings and/or structures located within Middle Smithfield Township,
upon reasonable advance notice and in accordance with applicable law,
for the purpose of ascertaining the existence of violations of this
chapter. 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.