[HISTORY: Adopted by the Borough Council
of the Borough of New Salem as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
