[HISTORY: Adopted by the Board of Supervisors of the Township of Kidder as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-20-2013 by Ord. No. 158]
Editor's Note: This ordinance also repealed former Ch. 134, Property Maintenance, adopted 2-16-2006 by Ord. No. 124.
A certain document in the administrative office of the Township of Kidder being marked and designated as Township of Kidder, being marked and designated as the International Property Maintenance Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Kidder, in the State of Pennsylvania for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Township of Kidder are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 134-2 of this article.
The following sections are hereby revised:
In Section 101.1, insert "Township of Kidder."
Section 103.5, Schedule of Fees, as adopted from time to time by the Board of Supervisors of the Township of Kidder.
Section 112.4, As adopted from time to time by the Board of Supervisors of the Township of Kidder.
In Section 302.4, revised definition of "weed" to read as follows: "An herbaceous plant not valued for use or beauty growing wild and rank and regarded as cumbering the ground or hindering the growth of superior vegetation. Applied to a shrub or tree especially to a large tree on account of its abundance in a district and unprofitable, troublesome or obnoxious growth."
Section 304.14, June 1 to October 1 of each calendar year.
Section 602.3, No excepted periods.
Section 602.4, No excepted periods.
Chapter 134 of the Code of the Township of Kidder and all other ordinances or parts of laws in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The Township of Kidder hereby declares that it would have passed this article, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in § 134-3 of this article nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
[Adopted 12-18-2014 by Ord. No. 169]
Editor’s Note: This ordinance also superseded former Art. II, Quality-of-Life Standards, adopted 5-15-2014 by Ord. No. 167.
Lack of maintenance of properties, improper storage of trash and rubbish, storage of inoperable/nonregistered vehicles, and accumulation of snow and ice are problems that contribute to the deterioration of property values and general disorder in a community. These problems degrade the physical appearance of the Township, which reduces business and tax revenues inhibiting economic development. The quality of life and community pride of the citizens of Kidder Township are negatively impacted by the occurrences and existence of these activities. Recognizing these are community problems, the purpose of this article is to promote the health, safety and general welfare of the Township by helping to create a clean environment for the citizens of Kidder Township.
The following words, terms and phrases, when used in this article, shall be defined as follows, unless context clearly indicates otherwise;
- A domesticated animal such as, but not limited to, a cat, dog, horse, or other animal permitted to be in the Township.
- An order issued by the Township or the police to appear before a Magistrate District Judge at a later date.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
- 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:
- 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 VEHICLES
- Any motor vehicle which presents a hazard or danger to the public or is a public nuisance by virtue of its state or condition of disrepair not in the process of being repaired or restored, without current registration and not in a garage or suitable enclosure for such work.
- Includes, but is not limited to, all waste material, garbage, trash, wastepaper, tobacco products, wrappers, food or beverage containers, newspaper, municipal waste, human waste, domestic animal waste, furniture or motor vehicle seats, vehicle parts, automotive products, shopping carts, construction or demolition material and recyclable material, that has been abandoned or improperly discarded, deposited, or disposed.
- LOCAL RESPONSIBLE AGENT
- Any person residing or working within the Township of Kidder 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, and which are required to be registered with the state.
- A. A motor vehicle with defects, including but not limited to a combination of the following:
- (1) Broken windshields, mirrors, or other glass, with sharp edges.
- (2) Broken headlamps, tail lamps, bumpers, or grills with sharp edges.
- (3) Any body parts, truck, firewall, or floorboards with sharp edges or large holes. Rusted and/or jagged metal on or protruding from the body of a vehicle.
- (4) Protruding sharp objects from chassis.
- (5) Missing doors, windows, hood, trunks, or other body parts.
- (6) Unsecured, open, or removed doors, hood, or trunk.
- (7) One or more open or flat tires or tubes.
- (8) Any vehicle suspended by blocks, jacks, or other such material in a location which may pose a danger to the public, property owners, visitors, or residents of the property on which said vehicle is found.
- (9) Storage or placement of the vehicle in an unbalanced condition, on concrete blocks or other similar apparatus.
- (10) Any excessive fluids leaking from a vehicle which may be harmful to the public or the environment. Leaking of any fluids from the vehicle or deflated or flat tire(s).
- (11) Disassembled body or chassis parts stored in on or about the vehicle.
- (12) Vehicles that do not display a current registration.
- (13) Such other defects which the Township determines to be a danger to the general public or property.
- (14) Motor vehicles parked or otherwise located which may interfere with flow of pedestrian or automobile traffic or impede emergency efforts.
- (15) Harboring of rodents, insects, or other pests.
- B. The foregoing examples are not inclusive of all conditions which may constitute a state or condition of disrepair.
- 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 specifying the violation and containing a directive to take corrective action within a specified time frame.
- A person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the principals of a limited liability company or officer, director or shareholder of a corporation if that individual is responsible for the management and control of the property; including the guardian of the estate of any such person, and the executor or administrator of the estate of such person, if ordered to take possession of real property by a court.
- Every natural person, firm, corporation, partnership, association, or institution.
- Any land and the 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.
- PUBLIC NUISANCE
- Any condition, structure, or improvement which constitutes a danger or potential danger to the health, safety, or welfare of citizens of the Township or causes a blighting effect in Township neighborhoods.
- PUBLIC OFFICER
- Any police officer, authorized inspector, or public official designated by the Township to enforce the Township ordinances.
- PUBLIC RIGHT-OF-WAY
- The total width of any land used, reserved, or dedicated as a street, alley, or utility easement, including curb and gutter areas.
- RESIDUAL WASTE
- Any discarded material or other waste including solid, semisolid, or contained gaseous materials resulting from construction, industrial, mining, and agricultural operations.
- Combustible and noncombustible waste materials, except garbage; the term shall include combustible materials, paper, rags, cartons, boxes, discarded construction material, excelsior, rubber, leather, tin cans, metals, mineral matter, glass, and other similar materials.
- SIDEWALK AREA
- The paved public right-of-way between the property line and the curbline 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.
- The Township of Kidder in Carbon County in the Commonwealth of Pennsylvania.
- Any planting that is cultivated and managed for edible or ornamental purposes such as vegetable gardens, trees, shrubs, hedges, flowers, ferns, etc.
- An open space on the same lot with a structure.
A person, owner, responsible person or agent commits a quality-of-life violation by any of the following:
Accumulation of rubbish or garbage. All properties and the interior of every structure shall be free from any accumulation of waste, trash, rubbish or garbage which causes or creates an unhealthy, unsanitary, dangerous or offensive living condition.
Animal maintenance and waste/feces cleanup. Any person owning, harboring or keeping a domestic animal within the Township of Kidder 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 as this would constitute a public nuisance.
High weed, grass or plat growth. All property shall be maintained free from lawn grass in excess of 10 inches and weeds causing a public nuisance. Cultivated flowers, gardens, trees, ferns, animal feed and shrubs shall not be included as a violation of this article.
Motor vehicles. It shall be unlawful to store, park, or place any unregistered, uninspected, inoperative, unlicensed, or public nuisance motor vehicle on any property. No vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled unless in an approved structure or enclosed area. Painting must be in an approved spray booth per Section 302.8 of the current International Property Maintenance Code. Exception: Minor motor vehicle repairs may be performed in an open area of a property but must be completed within 24 hours.
Outside placement of indoor appliances/furniture. It is prohibited to store 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 exterior property areas for the purpose of sale or any other reason, except for the temporary purpose to perform maintenance on said property or for a yard sale, picnic, charity function or for trash collection.
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 Township of Kidder is required to remove any snow or ice from their sidewalk within 24 hours of cessation of said snow and ice falling. Furthermore, they must create a path, free from any snow or ice on said sidewalk. If and/or when the snow and/or ice cessation happens during the hours of darkness, the time limit for removal of all snow and ice begins at daybreak.
Storage containers for waste or trash.
The owner of every property shall supply containers for waste/trash, as well as be responsible for the removal of rubbish. All containers that store waste or trash shall be durable, watertight, and made of metal or plastic. Containers must have tight-fitting covers, and must be kept clean and odor free at all times. All containers must be stored so said containers are not visible from the public right-of-way or are in well-maintained wooden or plastic storage units. Waste and/or trash may be stored in an approved dumpster visible from the public right-of-way. Each dwelling is limited to containers not exceeding 50 gallons or 50 pounds in weight each and a maximum of five bags of yard material. Yard material is permitted to be placed outside of containers for pickup.
Waste/trash containers may only be placed in front of any property on the day before the scheduled waste/trash pickup day. Currently, trash collection is on Monday with the exception of a Tuesday collection for Memorial Day and Labor Day. Should July 4, Christmas Day or New Year's Day fall on a Monday, there would be a Tuesday collection. The trash pickup schedule may be amended from time to time by resolution of the Kidder Township Board of Supervisors. Once the licensed hauler removes the waste/trash from any property, all containers must be returned to an area not visible from the public right-of-way or placed in a well-maintained wooden or plastic storage unit before dusk on the day following pickup. (Example: John Doe's trash collection day is Monday. John Doe may place his trash containers in front of his property any time on Sunday. John Doe must place his trash containers in a storage area not visible from the public right-of-way or in a well-maintained, closed, wooden or plastic storage unit before dusk on Tuesday.)
Upon finding a quality-of-life violation, any public officer of the Township of Kidder may issue a notice of violation to the owner, leasing agent and/or occupant of the property at issue or to the individual(s) known to have violated this article.
A notice of violation shall be served upon a violator by mailing the notice to the violator's address of record, and, if appropriate, handing it to the violator, handing it at the residence of the person to be served to an adult member of the household or other person in charge of the residence, leaving or affixing the notice or violation ticket to the property where the violation exists, handing it at any office or usual place of business of the violator to his/her agent or to the person for the time being in charge thereof.
Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed.
Any person or business violating this article is hereby directed to satisfy the Township of Kidder and its citizens, upon issuance of a notice of violation, by correcting the violation in question. In the event the violation is not corrected within 15 days, a public officer is authorized and empowered to cause a violation to be corrected. In addition, should the violation present imminent danger, pose a health hazard or a risk to the public, the violator is to correct the problem within 72 hours. However the Township reserves the right to perform the abatement immediately if deemed necessary. The cost shall be determined by the Township Code Enforcement Officer in order that the Township shall be compensated for both direct and indirect costs and expenses incurred.
The Township of Kidder and/or its contractor, at the direction of the Township, reserves the right to abate the violation in question at the expense of the owner. If the Township has abated the violation, the cost thereof shall 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 notice of violation, which is to be paid separately.
In all instances where the Township abates the violation, in addition to the fine set forth in the notice of violation, the Township 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 Board of Supervisors and the rules and regulations.
Township of Kidder cleanup. The Township reserves the right to perform any necessary work to abate any violation once 15 days pass from the date of issuance of the notice of violation. Should the violation, at the discretion of the public officer, present imminent danger and/or pose a health hazard and/or risk, the Township reserves the right to perform the abatement immediately. The Township will perform this work at a rate of $60 per hour, per man, in addition to the cost of any material necessary for the abatement. The Township reserves the right to charge an additional 20% on all material purchases to cover all miscellaneous expenses, such as wear and tear on equipment.
Contractor cleanup. The Township reserves the right to direct a contractor to perform the abatement of the violation in question once 15 days pass from the date of issuance of the notice of violation. Should the violation present imminent danger and/or pose a health hazard and/or risk, the Township reserves the right to direct the contractor to perform the abatement immediately. The contractor will submit a bill for the work to the Township of Kidder, and the Township will charge these costs to the violator. The Township reserves the right to add a processing fee of 30% in addition to the cost of the contractor.
For the second offense of a violation of this article within a twelve-month period, a notice of violation shall be issued in the amounts of $50, as set forth on the chart below.
For the third offense of a violation of this article within a twelve-month period, a notice of violation shall be issued in the amounts of $100, as set forth on the chart below.
For each offense subsequent to three offenses of this article within a twelve-month period, the amount of a notice of violation shall increase in the amount of $150, accumulative for each subsequent offense.
Any persons who receive a notice of violation for any violation of this article may, within 15 days, admit the violation and pay the fine in full satisfaction or request a hearing.
Any person who violates this article shall pay a fine as set forth herein for each offense, plus all direct and indirect costs incurred by the Township for the cleanup and abatement of the violation.
If the person in receipt of a notice of violation of $25 or $50 does not pay the fine or request a hearing within 15 days, the person will be subject to a penalty of $10 for days 16 through 30.
If the person in receipt of a notice of violation of $100 does not pay the fine or request a hearing within 15 days, the person will be subject to a penalty of $25 for days 16 through 30.
If the person in receipt of a notice of violation of multiple violations totaling $250 or higher does not pay the fine or request a hearing within 15 days, the person will be subject to a $50 penalty for days 16 through 30.
Failure of the person to make payment or request a hearing within 15 days of a notice of violation shall make the person subject to a citation for failure to pay.
If violations are continuous or egregious, the Township has the right to issue a citation without first issuing a notice of violation. Upon issuance of four notices of violation for the same violation, right is reserved for the Township to issue a citation for the fifth and subsequent offenses without first issuing a notice of violation for the violation.
Any person, firm, or corporation who shall fail, neglect, or refuse to comply with any of the terms or provisions of this article 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, plus the costs of prosecution, including restitution of the fees of the Township, or shall be imprisoned for no more than 90 days, or both.
The Magisterial District Judge may order the violator to make restitution to the Township of Kidder for the costs of prosecution, including the fees of the Township.
A person in receipt of a notice of violation may appeal to the Township Manager by filing a request in writing within 15 calendar days of the date of the notice of violation.
In order for an appeal to be deemed valid and a hearing date and time to be set, the following must be performed by the alleged violator requesting the appeal within 15 calendar days:
All paperwork, including the appropriate appeal form for the appeal, must be submitted and complete within 15 calendar days from the date the notice of violation was issued.
Payment of the fine must be in full. Payment will be refunded within 30 calendar days should the alleged violator win his/her appeal. The appeal hearing will be held before the Township Manager, and he/she may uphold the appeal, deny the appeal, or may modify the notice of violation, and/or any associated costs, fines or penalty amounts as he/she sees appropriate. Any subsequent appeal must be made by the alleged violator by filing with the Carbon County Court of Common Pleas.
At the discretion of the Township of Kidder, all matters may be turned over by the Township to a collection agency for collection when payment is not received within 45 days of issuance of a notice of violation for which an appeal is not taken and when monies paid by the Township of Kidder for abatement of a violation are not paid within 45 days of billing by the Township.
At the discretion of the Township of Kidder, liens may be placed upon a property against which notices of violation were issued for which payment is not received within 45 days of issuance or for which monies paid by the Township of Kidder for abatement of a violation are not recovered from the violator within 45 days of billing.
The penalty lien and collection provisions of this article shall be independent, nonmutually exclusive separate remedies, all of which shall be available to the Township of Kidder as may be deemed appropriate for carrying out the purposes of this article. The remedies and procedures provided in this article for violations hereof are not intended to supplant or replace to any degree the remedies and procedures available to the Township in the case of a violation of any other Township of Kidder code or codified ordinances, whether or not such other code or ordinance is referenced in this article, 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 article.