[HISTORY: Adopted by the Borough Council of the Borough of New Salem as indicated in article histories. Amendments noted where applicable.]
Solid waste — See Ch. 189.
[Adopted 8-1-2006 by Ord. No. 5-2006]
This article shall be known as the "New Salem Borough Property Maintenance Ordinance."
As used in this article, the following terms shall have the meanings indicated:
- Any person living, sleeping, cooking or eating in or actually having possession of a dwelling unit or a rooming unit, except that, in dwelling units, a guest will not be considered an occupant.
- Any person or legal entity who, alone or jointly or severally with others:
- A. Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
- B. Shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner, or an executor, administrator, trustee or guardian of the estate of the owner.
- Nonputrescible solid wastes (excluding ashes) consisting of either:
- The animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food.
The owner and/or occupant of any land within the Borough of New Salem shall be jointly and severally responsible for proper cutting of all grass, weeds, shrubs and other vegetation thereon. Except as preempted by other law, such as wetlands regulations, it shall be considered a violation of this article to allow weeds or grass to grow to a height in excess of 12 inches, or to allow weeds or grass to go to seed, regardless of height.
It shall be unlawful for the owner or occupant of any land within the Borough of New Salem to permit the accumulation of junk, trash, rubbish or other materials, including but not limited to broken or damaged household equipment, dead trees, broken limbs or other debris.
Any owner or occupant of any property upon which is situate any tree or portion of a tree which is deemed by the Borough to be a danger to public welfare and/or property shall remove such tree or the portion thereof constituting the danger.
All trees which overhang public sidewalks shall be kept trimmed by the owner such that the minimum clearance where the tree overhangs the public sidewalk shall be eight feet.
All trees which overhang the cartway of any public street, alley or lane shall be kept trimmed by the owner such that the minimum clearance where the tree overhangs the cartway shall be not less than 14 feet.
Bushes, hedges, shrubs and other ornamental flowers and vegetation shall be kept trimmed by the owner such that they shall not encroach on the vertical plane of any abutting sidewalk, or in the case of no sidewalk, the vertical plane of the cartway of the abutting street or alley.
No trees, bushes, hedges, shrubs, other ornamental flowers or vegetation, regardless of height or location, shall be permitted to encroach into any clear sight triangle of any street intersection or impede visibility or safe travel of any vehicle.
The Mayor, Borough Secretary, Codes Enforcement Officer or any other person designated thereby is hereby directed to give notice, by personal service or by United States mail, to the owner and/or occupant directing and requiring such owner and/or occupant to conform to the requirements of this article within 10 days after issuance of such notice. In the case of a violation of § 159-3, only one such notice for any growing season is sufficient under this section. At any time after notice pursuant to this section is given, the penalty authorized by this article may be imposed each time the requirements of this article are not met. With the exception of § 159-4, each ten-day period in which any violation is not corrected or any new violation occurs shall be deemed a separate violation subject to additional penalty imposed pursuant to this article. It is the specific intent of this article to hold the owner and occupant (in the case of the occupant being different from the owner) jointly and severally responsible for compliance with this article.
In addition to the above remedies and penalties, if the owner and/or occupant shall fail or refuse to comply with the notice within the time stated therein, the Borough may direct that such actions be taken by duly authorized personnel to bring the property into conformance with the requirements of this article, and the costs thereof, including all attorney's fees charged at the rate provided in the fee letter on file with the Borough Secretary, shall be collected by the Borough in such manners as are provided by law for the collection of municipal claims.
Except as provided in § 159-6, each day in which a violation of this article continues shall constitute a single and separate offense. Additional notice to the offender shall not be necessary in order to constitute a separate offense.
Any person or other legal entity who or which shall violate or fail, neglect or refuse to comply with any other provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, and, in default of payment thereof, to be imprisoned for a period of not more than 30 days.