[Ord. No. 1-2023, 5/1/2023]
This Part shall be known as the "Quality of Life Ordinance."
[Ord. No. 1-2023, 5/1/2023]
The Quality-of-Life Ordinance is established to better control
routine, nuisance violations of the Property Maintenance Code and
Code of the Forty Fort Borough on matters that interfere with the
comfortable enjoyment of life and depreciate the value of property,
the cleanliness of neighborhoods, and general good order of the community.
[Ord. No. 1-2023, 5/1/2023]
The following words, terms, and phrases, when used in this Part,
shall be defined as follows, unless context clearly indicates otherwise:
A litter 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 handheld trash but not household or commercial
waste.
Grass, weeds, leaves, or any type of yard debris illegally
placed or blown onto any public property, sidewalk, street or alleyway.
Any material on any 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.
This term shall mean a dog, cat, rabbit, gerbil, lizard,
parrot, or other domestic animal normally or ordinarily kept in or
permitted to be at large in the dwelling of its owner. This term does
not include such animals as bears, chickens, ducks, goats, wolves,
wolf-dog hybrids, cows, horses, venomous snakes, pigs, hogs, sheep,
bobcats, lynx, coyotes, exotic animals, or animals not native to the
region. Exception: Where such animals are kept for viewing and/or
interaction, subject to the general nuisance provisions of the Zoning
Ordinance.[1]
Includes, but is not limited to, depositing of litter, depositing
of durable goods (refrigerators, washers, dryers, etc.) small appliances,
furniture, carpets, tires, vehicles, vehicle parts, and other such
municipal waste, hazardous waste, residual waste, and construction
and demolition debris on public or private property.
Animal or vegetable waste resulting from the handling, preparation,
cooking, and consumption of food.
The use of broad-tipped pens, spray paint, paint, ink, dye,
pencils, pens, crayons or any marking devices to write or place graffiti
on public or private property, vehicles, buildings, playground equipment,
traffic control signs, etc. Graffiti includes but is not limited to
any and all unsightly, offensive or defacing writings, drawings, markings,
or other written or pictorial matter by any method or device and of
any content which contributes to the defacement of the real or personal
property involved and which contributes to the ugliness and unsightliness
of the object, space, area or community and which is detrimental to
the beauty, neatness and good order of the area and community. Graffiti
shall not include easily removable chalk markings on public sidewalks
and streets used in connection with traditional children's games.
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:
Cause or significantly contribute to an increase in mortality
or an increase in serious, irreversible, or incapacitating illness;
and
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
Waste which would be chemically or physically classified
as 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 Agency,
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.
Any and all pieces of furniture which are made only for inside
use including, but not limited to, upholstered chairs and sofas, dining
tables and chairs, mattresses, and bedding, etc.
Any vehicle which presents a hazard or danger to the public
or is a public nuisance or eyesore 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 fluids from the vehicle or deflated or flat tire(s).
Unsecured and/or unlocked doors, hood, or trunk.
Open or damaged floorboards or firewalls.
Missing doors, windows, hood, trunk, or other body parts which
could result in animal harborage, vermin harborage, or bodily harm.
On jacks or any type of lift device.
Not road worthy or operable mechanically.
Upholstery which is torn or open which could permit animal and/or
vermin harborage.
Broken headlamps or tail lamps with sharp edges which could
cause laceration.
Disassembled chassis parts apart from the motor vehicle stored
in a disorderly fashion or loose in or on the vehicle which could
cause personal injury.
Broken vehicle frame suspended from the ground in an unstable
manner which could cause injury if it fell to the ground.
Leaking or damaged oil pan or gas tank which could cause fire
or explosion.
Exposed battery containing acid which could result in fire,
burn or injury.
Broken antennas which could result in personal injury.
Any other defects which could threaten the health, safety, and
welfare of municipal citizens.
Includes, but is not limited to, all waste material, garbage,
trash, i.e., wastepaper, tobacco products, wrappers, food or beverage
containers, newspapers, 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.
Any person residing or working within the County of Luzerne
designated to accept service on behalf of a legal owner or operator
of a dwelling unit or within 20 miles of the corporate boundary of
the Borough of Forty Fort designated to accept service in the capacity
of property manager on behalf of a legal owner 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 alleyways of the Borough
that does not typically remain stationary for more than approximately
20 minutes each hour.
Any self-propelled land vehicle which can be used for towing
or transporting people or materials, including, but not limited to,
automobiles, trucks, buses, motorhomes, motorized campers, motorcycles,
motor scooters, tractors, semis, snowmobiles, dune buggies, all off-the-road
vehicles, and trailers or semitrailers pulled thereby.
Any motor vehicle that does not display a current or valid
license or registration or is parked, drifted, or otherwise located
in a manner that interferes with the flow of automobile or pedestrian
traffic or impedes emergency and essential public efforts. Motor vehicles
which disturb or are inconsistent with the general and orderly composition
of a neighborhood shall also be considered a nuisance. Motor vehicles,
registered or unregistered, that are not moved from the same fixed
location on any public street or property for a period of more than
three consecutive days (72 hours).
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
which are not classified as residual waste or hazardous waste defined
herein. The term does not include source-separated recyclable materials
or organic waste.
Sounds or noises generated from appliances, vehicles, machinery
and equipment, power tools, electronics, sound equipment and loudspeakers,
persons and individuals, animals, etc.
A written document issued to a person in violation of a Municipal
Ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
Any use considered to be inconsistent with the public comfort,
convenience, health, safety, and general welfare, including the following:
fire and explosion hazards; electrical and radioactive disturbances;
noise and vibration; dust, dirt, and fly ash; glare; smoke and odors;
and other forms of air pollution. Any use operated or conducted in
a manner which directly or indirectly endangers the public health,
safety and/or welfare, including but not limited to having a detrimental
effect on adjoining properties or the use of properties within the
general neighborhood. A property in a continuing state of disrepair
that is not fit for human habitation and/or occupancy with the potential
to attract vermin and/or deemed to be a fire hazard to adjoining properties.
A property that contains trash, junk and/or one or more junked vehicles.
The burning of unwanted materials such as paper, trees, brush,
leaves, grass, and other debris where smoke and other emissions are
released directly into the air. During open burning, air pollutants
do not pass through a chimney or stack.
Every natural person, firm, corporation, partnership, association,
or institution.
The non-concrete space in the sidewalk area filled with dirt
and/or grass.
Any land and the improvements thereon owned by any person
including front, side and rear yards; vacant lots, buildings and other
structural improvement; walkways and alleyways; and parking areas,
designated or used wholly or in part for private residential, industrial,
or commercial purposes, whether inhabited or temporarily or continuously
uninhabited or vacant, including any yard, grounds, walk, driveway,
porch, steps, vestibule or mailbox belonging or appurtenant to such
dwelling, house, building, or other structure.
Any police officer, authorized code official, authorized
inspector, or public official designated by the Council to enforce
the Municipal 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.
Materials 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 and products. The materials
are designated by the regulations promulgated under §§ 103-18
and 103-19 of the Municipal Code. Such materials may include but not
be limited to aluminum cans, ferrous and bimetal cans, clear and colored
glass containers, plastic goods, mixed paper, and corrugated cardboard.
White goods, appliances, tires, yard waste, and waste oil which are
periodically accepted by the Borough during controlled pickups or
dropoffs shall be considered recyclable material.
Any discarded material or other waste including solid, semisolid,
or contained gaseous materials resulting from construction, industrial,
mining, and agricultural operations, excluding public utility operations
and Borough-owned sanitary and storm sewer operations.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning wood, coal, combustible
materials, paper, rags, cartons, boxes, wood, tires, rubber, leather,
cans, glass, 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
curb line or the established edge of the roadway.
Snow is precipitation in the form of ice crystals. Ice is
frozen water, a brittle transparent crystalline solid.
Any waste including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
The non-concrete 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 the provisions of this Part. The violation ticket
is an offer by the Borough of Forty Fort extended to a person to settle
a violation by paying the fine in lieu of a citation being issued
against the violator.
Waste dumpsters shall be classified as a construction waste
dumpster or non-construction waste dumpster. A "construction dumpster"
is a unit designed for the deposit of waste materials at building
construction sites, repair, or demolition sites, commonly located
on a temporary basis on a public right-of-way abutting the site and
transportable to and from the site for the purposes of disposal of
its contents by means of a carry vehicle. A "non-construction dumpster"
is a unit designed for the deposit of all types of rubbish, materials,
excluding garbage, generated at sites other than building construction,
repair or A "temporary storage unit" is any type of temporary, fixed,
transportable unit, which is used for temporary storage or moving
purposes. An example of a temporary storage unit is a POD. A temporary
storage unit shall be permitted to be placed on a public right-of-way
for a maximum of 10 consecutive days. Under no circumstances shall
the Code Enforcement Officer allow a temporary storage unit to be
permitted upon any public right-of-way for a period of more than 30
consecutive days.
All grasses, annual plants and vegetation, and perennial
plants which meet any of the following criteria: Exceed six inches
in height. Emits 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 mosquitos, other insects, or vermin or cause a public nuisance.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes such as vegetable gardens, trees,
shrubs, flowers, etc.
[Ord. No. 1-2023, 5/1/2023]
1.
QOL.001, Accumulation of Rubbish or Garbage. All exterior property
and the interior of every structure shall be free from any accumulation
of waste, trash, rubbish, or garbage.
2.
QOL.002, Animal Maintenance and Waste/Feces Cleanup. People owning,
harboring, or keeping an animal, i.e., cat or dog within Forty Fort
Borough 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 daily, weather permitting.
3.
QOL.003, Disposal of Rubbish or Garbage/Dumping. Improper disposal
of rubbish or garbage or dumping or disposing of rubbish or garbage
on vacant, unoccupied, or other property.
4.
QOL.004, High Weeds, Grass, or Plant Growth in Excess of Six Inches.
All premises and exterior property shall be maintained free from weeds
or plant growth more than six inches. All noxious weeds shall be prohibited.
5.
QOL.005, 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 street.
6.
QOL.006, Motor Vehicles. It shall be unlawful to store, park, or
place any unregistered, uninspected, untitled, unlicensed, uninsured
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 of an approved spray booth. It shall be unlawful
to repair or work on any vehicle on any public street, alleyway, or
property. Vehicles may be stored and worked on in a garage. Outdoor
storage is prohibited.
7.
QOL.007, Operating or Vending Without the Proper Permit/License.
It shall be unlawful for any person, business, partnership, or entity
to operate any transient or itinerant business without proper permits/license.
8.
QOL.008, Outside Placement of Indoor Appliances/Furniture. It is
prohibited to store or place any/all appliances or furniture designed
for indoor use, 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 any uses or sale whatsoever except
for the temporary purpose to perform property maintenance.
9.
QOL.009, 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, garbage,
rubbish, or recyclables in a proper manner. Any business or person
who is unable to show proof that they have legally disposed of waste,
trash, or recyclables will be in violation of this Part. 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 Part. Upon request from any authorized public officer, any
owner or occupant must show proof of their appropriate trash and/or
recyclable hauler. Any item found in a municipal waste container,
recycling container, garbage bag, or loose trash displaying the name
and/or the address of a person and/or persons shall be presumed to
be the property of such person and/or persons. It shall be unlawful
for any person, business, partnership, or entity to remove or haul
any waste, trash, or recycling from any public or private property
without proper approval or license.
10.
QOL.010, 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, park, street,
public passageway, public parking area, or 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 ownership rights without written approval of said owner.
11.
QOL.011, Snow and Ice Removal From Sidewalks. Every owner, tenant,
occupant, lessee, property agent, property manager, or any other person
who is responsible for any property in the Borough of Forty Fort shall
remove snow or ice from their sidewalk within 24 hours following the
cessation of any snow or ice event. It shall be unlawful to deposit
any snow or ice on or immediately next to a fire hydrant or on any
sidewalk, street, or alleyway, or loading and unloading areas of a
public transportation system. Private contractors are forbidden to
deposit snow or ice from the property of any client onto any public
property, park, street, or alley.
12.
QOL.012, Storage Containers and Dumpsters. It shall be unlawful to
permit the storage of refuse on any residential or commercial property
that is not kept stored in a container made of durable, watertight,
rust-resistant material. Containers shall always be kept clean and
odor-free. All containers must be stored in the rear of every property
so said containers are not visible from the public right-of-way. Non-construction
dumpsters are prohibited from being utilized for residential properties
with less than three dwellings.
13.
QOL.013, Placement of Storage Containers, Trash Bags, and Recycling
Containers. It shall be unlawful to place any storage containers,
bags, or recycling bins on the public right-of-way for collection
any sooner than the evening before the date of scheduled collection.
All containers must be returned to the rear of the property before
daybreak on the day following the scheduled pickup. (Example: John
Jones trash pickup is Tuesday. John Jones may place his containers
in the public right-of-way for collection on Monday evening. John
Jones must place his containers in the rear of his property before
daybreak on Wednesday morning.)
14.
QOL.014, Storing of Appliances. 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. No appliance as enumerated
in this Part shall be stored on any property for any period exceeding
72 hours.
15.
QOL.015, 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 wastepaper, pallets, boxes, or rags unless the storage
of said materials is stored in compliance with applicable Building
Codes.
16.
QOL.016, 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 always
be kept clean and sanitary.
17.
QOL.017, Open Burning. It shall be unlawful for any person, partnership,
company, association, society, corporation or other group or entity
to burn or permit the open burning of any waste materials on any private
or public property within the Borough of Forty Fort. Prohibited materials
include but are not limited to leaves, grass clippings, yard waste
or brush, garbage, rubbish, solid waste, construction debris, any
fuel source which emits noxious smoke and odors, and fires built on
the ground for warmth. All provisions of §§ 65-1 and
65-2[1] shall apply to QOL.017.
[1]
Editor's Note: So in original.
18.
QOL.018, Blowing of Grass and Leaves. It shall be unlawful to place
or blow grass, weeds, leaves, or any type of other yard debris upon
any street, thoroughfare or alleyway under the jurisdiction or control
of the Borough of Forty Fort. It shall be unlawful to place or blow
grass, weeds, leaves, or any other type of yard debris into the storm
basin collection system maintained by the Borough of Forty Fort.
19.
QOL.019, Dogs. No person owning, harboring, keeping or in charge
of any dog shall cause, suffer or allow such dog to soil, defile,
defecate on or commit any nuisance on any common thoroughfare, sidewalk,
passageway, bypath, play area, park or any place where people congregate
or walk, or on any public property whatsoever, nor on any private
property without the permission of the owner of said property. It
shall be unlawful to place any defecation material from any dog into
the storm basin collection system maintained by the Borough of Forty
Fort.
20.
QOL.020, Swimming Pools. Swimming pools shall always be maintained
in good repair. They shall be kept clean, safe, covered, fenced-in
pursuant to the Municipal Zoning Ordinance,[2] and sanitary. It shall be unlawful to drain or pump pool
water into the storm basin collection system maintained by the Borough
of Forty Fort.
21.
QOL.021, Graffiti. It shall be unlawful to use broad-tipped pens,
spray paint, paint, ink, dye, pencils, pens, crayons, or any marking
devices to write or place graffiti on public or private property,
vehicles, buildings, playground equipment, traffic control signs,
etc. It shall be at the discretion of the public officer appointed
to enforce this provision to allow the person or property owner more
than 72 hours to abate large-scale or difficult graffiti markings.
22.
QOL.022, Noise. It shall be unlawful to generate sounds or noises
from appliances, vehicles, machinery and equipment, power tools, electronics,
sound equipment and loudspeakers, persons and individuals, animals,
etc.
23.
QOL.023, Waste Dumpsters and Temporary Storage Units. It shall be
unlawful to place any construction dumpster, non-construction dumpster,
or temporary storage unit in the public right-of-way without first
obtaining a permit from the Code Enforcement Officer. It shall be
unlawful to permit a construction dumpster to be placed upon any public
right-of-way for a period of more than 15 consecutive days without
permission from the Code Enforcement Officer. It shall be unlawful
to place a non-construction dumpster upon any public right-of-way
for a period of more than five consecutive days without permission
from the Code Enforcement Officer. It shall be unlawful to place any
temporary storage unit upon any public right-of-way for a period of
more than five consecutive days without permission from the Code Enforcement
Officer. All fees for these types of units will be shown in the current
Fee Schedule Resolution.
24.
QOL.024, Animals. It shall be unlawful to keep on the property of
the owner nondomesticated animals such as bears, chickens, ducks,
goats, wolves, wolf-dog hybrids, cows, horses, venomous snakes, pigs,
hogs, sheep, bobcat, lynx, coyotes, any exotic animals, or animals
not native to the region.
[Ord. No. 1-2023, 5/1/2023]
Upon finding a quality-of-life violation, any public officer
appointed by the Council may issue quality-of-life violation tickets
to the owner and/or occupant of the property at issue or to the individual
known to have violated this Part.
[Ord. No. 1-2023, 5/1/2023]
[Ord. No. 1-2023, 5/1/2023]
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 any other person
in charge of the residence, by leaving or affixing the notice or violation
ticket where the violation exists, by handing it at any office or
usual place of business of the violator, to his/her agent, property
manager, or to the person for the time being in charge thereof, of
by mailing the notice to the violator's address of record.
[Ord. No. 1-2023, 5/1/2023]
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
[Ord. No. 1-2023, 5/1/2023]
The Code Enforcement Officer of Forty Fort Borough is hereby
authorized to promulgate rules and regulations to implement and supplement
the provisions of this Part.
[Ord. No. 1-2023, 5/1/2023]
1.
Any person or business violating this Part is hereby directed to
satisfy the Borough of Forty Fort and its citizens, upon issuance
of a quality-of-life ticket, by correcting the violation in question.
A public officer is authorized and empowered to cause a violation
to be corrected. The cost shall be determined by the Code Enforcement
Officer or designee in order that the Borough shall be compensated
for both direct and indirect costs and expenses incurred.
2.
The Borough of Forty Fort and/or their contractor, per the direction
of the Borough, reserves the right to abate the violation at the expense
of the owner. If the Borough has effected the abatement of 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.
In all instances where the Borough abates the violation, in addition
to the fine set forth in the quality-of-life ticket, the Borough is
authorized to recover from the offending party, the owner of the property,
or tenant the abatement charges and such other charges established
by the Property Maintenance Code, Code of the Borough of Forty Fort,
or Code Enforcement Officer.
4.
Municipal Cleanup. The Borough of Forty Fort reserves the right to
perform any necessary work to abate any violation once 72 hours pass
from the date of issuance of the quality-of-life ticket. Should the
violation at the discretion of the Code Enforcement Officer or designee
present imminent danger and/or pose a health hazard and/or risk, the
Borough reserves the right to perform the abatement immediately. If
the work can be performed by Borough staff, the Borough will charge
per man hour plus additional costs for materials and equipment necessary
to complete the abatement. The Borough reserves the right to charge
an additional 20% on top of the hourly costs plus materials for wear
and tear on equipment. All fees will be included in the current Fee
Schedule Resolution.
5.
Contractor Cleanup. The Borough reserves the right to direct a contractor
to perform any necessary work to abate any violation once 72 hours
pass from the date of issuance of the quality-of-life ticket. Should
the violation at the discretion of the Code Enforcement Officer or
designee present imminent danger and/or pose a health hazard and/or
risk, the Borough reserves the right to have a contractor to perform
the abatement immediately. The contractor will submit a bill for their
work to the Borough of Forty Fort and the Borough will forward these
costs to the violator. The Borough reserves the right to add a processing
fee which will not exceed 30% of the total costs of the contractor's
bill.
6.
The Borough reserves the right to revoke any rental licenses for
unpaid fines or unpaid abatements costs for violations of the Quality-of-Life
Ordinance. The Borough will not issue any rental license to any property
owner or agent where unpaid fines, or abatement costs are unresolved
for violations of this Part.
7.
The Borough will not conduct a pre-sale inspection for the conveyance
of any real property on any property containing unpaid fines or unpaid
abatement costs for violations of this Part. No new occupancy shall
be established in any property where a pre-sale inspection has not
been completed due to outstanding fines and unpaid abatement costs
for violations of this Part. Outstanding fees must be paid before
inspection.
8.
Quality-of-life violations shall be included in § 116-4C-3
of the Borough Code concerning tenants or landlord/owners routinely
engaging in prohibited behavior. For the purpose of this Part, the
term "routinely engaging" is defined as three or more quality-of-life
violations in any sixty-day period or more than eight times in any
12 consecutive-month period. Violations by tenants or landlord/owners
exceeding these thresholds are cause for the Borough to immediately
revoke the rental license for such unit or property.
9.
When a rental license is revoked for violations by tenants or landlord/owners
exceeding the thresholds of routinely engaged prohibited behaviors,
no rental license shall be reissued for the property or unit(s) until
an authorized municipal official conducts an inspection of the property
or unit(s) for the purpose of establishing that the property and or
unit(s) are suitable for human occupancy. Any rental property and
or unit(s) in violation of this section, where a rental license has
been revoked, will be deemed unsuitable for human occupancy until
an occupancy inspection is completed by an authorized municipal official.
Upon the successful completion of an occupancy inspection, a certificate
of occupancy will be issued for the property and or unit(s) at which
time a landlord/owner may relicense the property through the terms
and conditions of the Borough's Landlord Tenant Licensing and
Occupancy Ordinance at Chapter 116 of the Borough Code.[1]
[Ord. No. 1-2023, 5/1/2023]
1.
For the first violation of this Part within a twelve-month period,
violation tickets shall be issued in the amount of $50.
2.
For the second offense of a violation of this Part within a twelve-month
period, a violation ticket shall be issued in the amount of $100.
3.
For the third and subsequent offense of a violation of this Part
within a twelve-month period, violation tickets shall be issued in
the amount of $250.
4.
Any person who receives a violation ticket for any violations of
this Part may, within 15 days, admit the violation, waive the hearing,
and pay the fine in full satisfaction.
5.
Any person violating this Part shall pay a fine as set forth herein
for each offense plus all direct and indirect costs incurred by the
Borough for the cleanup and abatement of the violation.
[Ord. No. 1-2023, 5/1/2023]
1.
If the person in receipt of a $50 violation ticket does not pay the
fine or requests a hearing within 15 days, the person will be subject
to a penalty of $100 for days 16 through 30.
2.
If the person in receipt of a $100 violation ticket does not pay
the fine or request a hearing within 15 days, the person will be subject
to a penalty of $250 for days 16 through 30.
3.
If a person in receipt of a $250 violation ticket does not pay the
fine or requests a hearing within 15 days, the person will be subject
to a penalty of $500 for days 16 through 30.
4.
Failure for the person to make payment or request a hearing within
30 days of a violation ticket shall make the person subject to a citation
for failure to pay.
5.
For violations continuous or egregious, the Code Enforcement Officer
or authorized public official has the right to issue a citation without
first issuing a ticket provided notice has been given. Upon issuance
of four tickets for the same violation, the right is reserved for
the issuance of a citation for the fifth and subsequent violations.
6.
Citation Fines. Any person, firm, or corporation who shall fail,
neglect, refuse to comply with any of the terms or provisions of this
Part, or any regulation or requirement pursuant hereto and authorized
hereby shall, upon conviction, be ordered to pay a fine of not less
than $250 nor more than $1,000 on each offense or imprisoned no more
than 90 days, or both.
7.
Restitution. The Magisterial District Judge may order the violator
to make restitution to said real or personal property owner for violations
of this Part.
[Ord. No. 1-2023, 5/1/2023]
1.
Administrative Appeal.
A.
A person in receipt of a violation ticket may appeal to the Quality-of-Life
Appeals Officer by filing a request with the Code Enforcement Officer
in writing within 15 calendar days of the date of the violation ticket.
B.
In order for an appeal to be deemed valid and a hearing date/time
to be set, the following must be performed by the alleged violator
requesting the appeal within 15 calendar days of the date that the
quality-of-life ticket was issued:
C.
The appeal hearing will be held before the Quality-of-Life Appeals
Officer or his/her designee. The Quality-of-Life Appeals Officer or
his/her designee may uphold the appeal, deny the appeal, or modify
the violation ticket and/or any associated costs, fines or penalty
amounts he/she sees appropriate. (Building Inspector, Fire Chief,
Code Enforcement Officer, Private Citizen: Suggestions for Quality-of-Life
Appeals Officer.)
2.
Subsequent Appeals. Any subsequent appeal shall be filed with the
Luzerne County Court of Common Pleas pursuant to 2 Pa.C.S.A. §§ 751
and 752.
[Ord. No. 1-2023, 5/1/2023]
At the discretion of the Borough of Forty Fort, liens may be
placed upon a property against which tickets were issued for which
payment is not received within 45 days of the issuance of a ticket
for which a hearing was not taken or for the recovery of abatement
costs that have not been paid within 45 days from the completion of
the abatement for which a hearing was not taken and the bills for
the abatement are 45 days or more past due.
[Ord. No. 1-2023, 5/1/2023]
Any other ordinance provision(s) or regulation of the Borough
of Forty Fort inconsistent with any of the provisions of this chapter
is hereby repealed to the extent of the inconsistency only.
[Ord. No. 1-2023, 5/1/2023]
In the event that a court of competent jurisdiction declares
any section or provision of this Part invalid, such decisions shall
not affect the validity of any of the remaining provisions of this
Part.
