This chapter shall be known and cited as the "Colebrookdale Township Property Maintenance Ordinance."
[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township 9-7-2021 by Ord. No. 4-2021. Amendments noted where applicable.]
Recognizing the need within Colebrookdale 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 hereby establishes standards which the Board of Commissioners considers to be fair and essential in meeting those minimum requirements.
As used in this chapter, the following terms shall have the meanings indicated:
The company or individual appointed by the governing body.
The animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
The Board of Commissioners of Colebrookdale Township.
A vehicle that cannot be driven upon the public streets for reasons including but not limited to being unlicensed, unregistered, not showing a current inspection, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
A lot, plot or parcel of land, easement, or public way, including any structures thereon.
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.
That which is built or constructed.
An open space on the same lot with a structure.
The provisions of this chapter shall supplement local laws, ordinances or regulations existing in Colebrookdale 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 provisions which are more restrictive, or which establishes the higher standard shall prevail.
Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the Code Official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the Code Official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied, the Code Official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the Code Official shall first make a reasonable effort to locate the owner, owner's authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the Code Official shall have recourse to the remedies provided by law to secure entry.
The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary, and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control.
A.
Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure, and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
B.
Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition.
(1)
No person shall keep or harbor any dog, cat, or other animal so as to create offensive odors, excessive noise or unsanitary conditions which are a menace to the health, comfort or safety of the public or residents of another lot.
C.
Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
D.
Accumulation of rubbish or garbage. Exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
(1)
Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
(2)
Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
E.
Motor vehicles. No more than one inoperable motor vehicle shall be parked, kept, or stored on any premises, and vehicles shall not 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
It shall be the duty of every owner of real estate located in the Township to trim and keep trimmed all trees and shrubbery located upon his property, or upon the abutting street or sidewalk, so that:
(1)
There shall at all times be a clear space of at least 14 feet between the lowest branch or other overhanging portion of every such tree and the paved surface of the street below; and
(2)
There shall at all times be a clear space of at least eight feet between the lowest branch or other overhanging portion of every such tree and the paved surface of the sidewalk below; and
(3)
No portion of any such tree or shrubbery shall extend horizontally onto any street at any point less than 14 feet above the surface of the street or onto any sidewalk at any point less than eight feet above the surface of the sidewalk.
B.
It shall be the duty of every owner of real estate located in the Township to remove all trees and branches located upon his/her property or upon the abutting street or sidewalk if that tree:
(1)
Is so diseased or in such a state of decay as to present a threat or source of danger to pedestrians, motorists and other users of the street or sidewalk and/or to vehicles parked or driven upon the street; and
(2)
Is growing in such a manner as to cause the upheaval or disturbance of the abutting street or sidewalk, in which case the property owner shall remove the roots causing that upheaval or disturbance and then, as directed by the Board of Commissioners, to make or pay for the necessary repairs or reconstruction work to eliminate the disturbance or upheaval of such sidewalk or street.
A.
General. When a structure or equipment is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
B.
Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
C.
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
D.
Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
E.
Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource.
F.
Authority to disconnect service utilities. The Code Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in §§ 400-11 and 400-12 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The Code Official shall notify the serving utility and, whenever possible, the owner or owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner's authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
G.
Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment in accordance with § 400-11. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in § 400-11.
H.
Prohibited occupancy. Any occupied structure condemned and placarded by the Code Official shall be vacated as ordered by the Code Official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner's authorized agent or person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.
I.
Abatement methods. The owner, owner's authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the Code Official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
J.
Imminent danger. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "this structure is unsafe and its occupancy has been prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
K.
Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.
L.
Emergency repairs. For the purposes of this section, the Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
M.
Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid in the first instance by the Township. The Board of Commissioners of Colebrookdale Township shall institute appropriate action against the owner of the premises or owner's authorized agent where the unsafe structure is or was located for the recovery of such costs.
A.
If noncompliance with the provisions of this chapter constitutes a nuisance, or if any condition, structure, or improvement poses a threat to the health, safety, or welfare of the public, the Code Enforcement Officer shall issue a written notice to be served by registered or certified mail upon the owner of said premises, or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
B.
Said notice shall specify the condition or structure or improvement complained of, and shall require the owner to commence to remove or otherwise rectify the condition or structure or improvement as set forth therein within 10 days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time.
If the owner does not comply with the notice to abate the conditions, within the time limit prescribed, Colebrookdale Township shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10%. Colebrookdale Township, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.
A.
Any person aggrieved by the decision of the Code Enforcement Officer may request and shall then be granted a hearing before the Board of Commissioners; provided he files with the Board of Commissioners within 10 days after notice of the Code Enforcement Officer's decision, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the petition was filed unless postponed for sufficient cause.
B.
After such hearing, the Board of Commissioners shall sustain, modify or overrule the action of the Code Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. If the penalty is not paid, the Township shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Berks County.
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 remedies provided herein for the enforcement of this chapter, or any remedy provided by law, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively, at the option of the Board of Commissioners.
If any provisions of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect the other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
This chapter shall become effective on September 7, 2021.