Borough of Palmerton, PA Property Maintenance

[1]

Editor's Note: This ordinance also repealed former Chapter 97, Property Maintenance, adopted 10-26-2006 by Ord. No. 644, as amended.

[Added 11-18-2021 by Ord. No. 759[1]]

Purpose.

(1)

Lack of maintenance of properties, improper storage of trash, recycling and rubbish, storage of inoperable/nonregistered vehicles, and accumulation of snow and ice are costly problems that contribute to the deterioration of property values and general disorder in a community and may result in health hazards for citizens.

(2)

These problems degrade the physical appearance of the Borough, which reduces business and tax revenue thereby inhibiting economic development, and negatively affect the quality of life and community pride of the citizens of Palmerton. Recognizing these are community problems, the purpose of this section is to promote the health, safety and general welfare of the citizens of the Borough of Palmerton.

Definitions. Definitions of the following words, terms, and phrases (unless the context clearly indicates otherwise) are as follows:

BAMBOO

Any monopodial (running) tropical or semitropical grasses from the genera Bambusa, including, but not limited to, Bambusa, Phyllostachys, Fallopia and Pseudosasa, as well as common bamboo, golden bamboo, arrow bamboo, and Japanese bamboo.

GARBAGE

The animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food or other nontoxic household waste (clothing, compost, disposables, food packaging, food scraps, yard trimmings, etc.).

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:

(1)

Cause or significantly contribute to the potential for serious illness, injury or mortality.

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed.

HOUSEHOLD HAZARDOUS WASTE (HHW)

Waste which would be chemically or physically classified as a 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 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, e.g., pesticides and herbicides, cleaners, automotive products, paints, and acids.

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 VEHICLE/MOTOR VEHICLE NUISANCE

Any vehicle that presents a hazard or danger to the public or is a public nuisance by virtue of its state or condition of disrepair. *The definition of "motor vehicle" is "any type of mechanical device, capable of, or at any time capable of, being propelled by a motor, in which persons or property may be transported upon public streets or highways, including trailers or semitrailers pulled thereby."

(1)

The following conditions, if present, are examples of a state or condition of disrepair:

(a)

Rusted and/or jagged metal on or protruding from the body of the vehicle.

(b)

Broken headlamps, taillamps, bumpers, or grills.

(c)

Any body parts, truck, firewall, or floorboards with sharp edges or large holes resulting from rust.

(d)

Broken windshields, mirrors or other glass.

(e)

Any vehicle suspended, stored or placed on blocks, jacks, or other such materials 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.

(f)

Missing doors, windows, hood, trunks, or other body parts that could permit animal harborage.

(g)

Any fluids leaking from vehicles, or deflated or flat tires, which may be harmful to the public or the environment.

(h)

Unsecured and/or unlocked doors, hood, or trunk.

(i)

One or more open tires, tubes, or other conditions/objects which could permit animal harborage: rodents, insects or other pests.

(j)

Disassembled body or chassis parts stored in, on or about the vehicle.

(k)

Such other defects which the Fire Department, police, Zoning Officer or any Borough department determines to be a danger to the general public or property.

(l)

Motor vehicles parked or otherwise located which may interfere with the flow of pedestrian or automobile traffic or impede emergency efforts.

(m)

Vehicles that do not display a current valid license and registration.

(n)

Protruding sharp objects from the chassis.

(2)

The foregoing examples are not inclusive of all conditions which may constitute a state or condition of disrepair.

LITTER

Includes, but is not limited to: all waste material, garbage, trash, i.e., waste paper, tobacco products, wrappers, food or beverage containers, etc., municipal waste, human waste, domestic animal waste, furniture or motor vehicle seats, vehicle parts, automotive products, shopping carts, construction or demolition material, recyclable material, and dirt, mud and yard waste that has been abandoned or improperly discarded, deposited, or disposed.

LOCAL RESPONSIBLE AGENT

Any person residing or working within the Borough of Palmerton designated to accept service on behalf of a legal owner or operator of a rental dwelling unit.

MOBILE VENDOR

A vendor or seller of food and/or goods from a vehicle or other conveyance upon the public streets or alleys of the Borough that does not typically remain stationary for more than approximately 10 minutes each hour.

MUNICIPAL WASTE

Any garbage or refuse, industrial, lunchroom or office waste and other material, including solid, liquid, semisolid, or gaseous material, which is secondary to the operation of residential, municipal, commercial, or institutional establishments or 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 issued to a person in violation of a Borough ordinance, which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.

NUISANCE

Any condition, structure, or improvement which constitutes a danger or potential danger to the health, safety, or welfare of citizens of the Borough or causes a severely detrimental effect on Borough neighborhoods. See also the definition of "public nuisance."

OWNER

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.

PERSON

Every natural person, firm, corporation, partnership, association, or institution.

PRIVATE PROPERTY

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 temporarily, 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 conditions or premises which are unsafe or unsanitary.

PUBLIC OFFICER

Any police officer, authorized inspector, zoning officer, or code officer designated by the Borough to enforce the Borough ordinances.

PUBLIC RIGHT-OF-WAY

The total width of any land used, reserved, or dedicated as a street, alley, driveway, sidewalk, or utility easement, including curb and gutter areas.

RECYCLING

Aluminum, steel and tin food cans; clear, green, or brown glass; plastics No. 1 through No. 7; and newspapers, magazines, office paper, phone books and corrugated cardboard.

RESIDUAL WASTE

Any discarded material or other waste, including solid, semisolid, or contained gaseous materials, resulting from construction, industrial, mining, and agricultural operations, excluding municipal water and sewer operations.

RESPONSIBLE PERSON

A person in control of any commercial place, which may include, but not be limited to, a property manager, tenant, or owner, and an owner or person in control of any private property, including, but not limited to, a tenant.

RUBBISH

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, dust and other similar materials.

SIDEWALK AREA

The 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.

VEGETATION

Any planting that is cultivated and managed for edible or ornamental purposes, such as vegetable gardens, trees, shrubs, hedges, flowers, etc.

VIOLATION TICKET

A form issued by a public officer to a person who violates a provision of this section. The violation ticket is an offer by the Borough of Palmerton extended to a person to settle a violation by paying the fine in lieu of a citation being issued against the violator.

WEEDS

(1)

All grasses, annual plants, and vegetation which meet any of the following criteria:

(a)

Exceed six inches in height.

(b)

Exhale unpleasant noxious odors or pollen, such as ragweed, dandelion, and miscellaneous other vegetation commonly referred to as "weeds" or "brush."

(c)

May conceal filthy deposits or serve as breeding places for mosquitoes, other insects, or vermin.

(d)

May cause a public nuisance.

(2)

Weeds shall not include cultivated and managed vegetation planted for edible or ornamental purposes, such as vegetable gardens, trees, shrubs, flowers, etc.

YARD

An open space on the same lot with a structure.

Public nuisance violations. A person, owner, or responsible person commits a public nuisance violation by violating any of the following:

(1)

Accumulation of rubbish, garbage, or recycling. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of waste, trash, rubbish, recycling, or garbage.

(2)

Animal maintenance and waste/feces cleanup.

(a)

No owner/keeper/handler owning, harboring, keeping or in charge of any animal shall cause or allow such animal to soil, defile, defecate on or commit any nuisance in any common area of the Borough of Palmerton or on any private property without the permission of the owner of said property.

(b)

In the event of a violation of the provisions of Subsection C(2)(a), any feces deposited by any animal shall be immediately removed and disposed of by the person owning, harboring, keeping or in charge of said animal.

(c)

The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any animal curbed in accordance with the provisions of this section.

(d)

No owner/keeper/handler owning, harboring, keeping or in charge of any animal shall cause, suffer, or allow such animal to soil, defile, defecate on or commit any nuisance on property under his or her ownership or control in any area or on any structure within 20 feet of a dwelling, deck or patio type of structure on a neighboring property, unless the person shall immediately remove all feces deposited by such animal by any sanitary method.

(3)

Bamboo.

(a)

For purposes of this section, bamboo found growing upon a property shall constitute presumptive evidence that the bamboo was planted and/or grown by and/or with the consent of the property owner, tenant, or other individual, entity or corporation having control of the property.

(b)

Prohibition. Except as provided in Subsection C(3)(d) of this section, upon the effective date of this section, the planting or growing of bamboo shall be prohibited within the Borough, and no persons, property owners, tenants, or other individuals, entities, or corporations having control of property within the Borough shall plant, cultivate, or cause to grow any bamboo on any lot or parcel of ground within the Borough. Any person who thereafter plants or grows, or causes or allows to be planted or grown, bamboo within the Borough shall be deemed to be in violation of this section and shall be subject to such penalties as are set forth herein.

(c)

This section shall not be deemed to alter any rights at common law or otherwise that any property owner may have to recover the cost of removal of bamboo on his or her own property that has run over from a neighboring property.

(d)

Exceptions:

[1]

The root system of such bamboo plants is entirely contained within an above-ground-level planter, barrel or other vessel of such design, material, and location as to entirely prevent the spread of growth of the bamboo plants' root system beyond the container in which it is planted; or

[2]

The root system is contained within a barrier constructed in accordance with the following specifications, and only after a compliance inspection is performed and a permit issued by the Borough:

[a]

The barrier itself shall be composed of high-density polypropylene or polyethylene, with a thickness of 40 mm or more;

[b]

Each portion worksheet of the barrier shall be secured or joined together by the use of stainless-steel clamps or stainless-steel closure strips designed to be used with such barriers;

[c]

The barrier shall be installed not less than 30 inches deep;

[d]

The barrier shall be circular or oblong shaped;

[e]

Not less than three inches of the barrier shall protrude above ground level around the entire perimeter of the bamboo;

[f]

When installed, the barrier shall slant outward from bottom to top.

[3]

Whether planted or growing in a container, as described herein, all bamboo plants shall be located, trimmed and maintained so that no part of the plant, including the root system of the plant, shall be closer than 10 feet to any pavement, sidewalk or public road within the Borough. In addition, all bamboo plants shall be maintained such that that portion of the plant that is aboveground shall be trimmed back to a point at least 20 feet from any pavement, sidewalk or public road within the Borough.

[4]

Any bamboo that has been planted or otherwise permitted to grow on any property within the Borough prior to the effective date of this section may remain on such property subject to compliance with the following:

[a]

The bamboo shall not be closer than 10 feet to any pavement, sidewalk, or public road within the Borough. In addition, all bamboo plants shall be maintained such that that portion of the plant that is aboveground shall be trimmed back to a point at least 20 feet from any pavement, sidewalk or public road within the Borough.

[b]

Any bamboo owner whose property contains bamboo shall remove and abate the growth of the bamboo, including the root system of the plant, within 10 feet of the edge of the pavement or traveled portion of a public road in the Borough. In addition, all bamboo plants shall be maintained such that that portion of the plant that is aboveground shall be trimmed back to a point at least 20 feet from any pavement, sidewalk or public road within the Borough.

[c]

Each bamboo owner shall be responsible for ensuring that the bamboo planted or growing on the property prior to the effective date of this section is maintained such that it does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and public rights-of-way.

[d]

If the public officer determines that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any public right-of-way or any private property not owned by or in the possession of such landowner, the property owner or possessor shall be required to comply with the provisions of Subsection C(3)(d)[4][b] above.

[5]

Replanting prohibited. Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this section may not be replanted or replaced in kind once such running bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed, unless such replanting is consistent with the provisions of this section that apply to new plantings.

(4)

High weeds, grass or plant growth. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants, and vegetation. Cultivated flowers, gardens, trees, and shrubs shall not be included as a violation of this section.

(5)

Junked vehicle/motor vehicle. It shall be unlawful to store, park, or place any unregistered, uninspected, inoperative, unlicensed, 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. Outdoor painting of vehicles is prohibited.

(6)

Outside placement of indoor appliances/furniture. It is prohibited to store or place any/all indoor appliances or indoor furniture, 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 the purpose of sale or any other reason, except for the temporary purpose to perform maintenance on said property, or for placement of garbage disposal (placed no earlier than the day before scheduled pickup).

(7)

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 Borough of Palmerton is required to remove any snow or ice from their sidewalk, sufficient to create a path of 30 inches, within 12 hours of the cessation of said snow and ice falling. Should any property be a place of business within the Borough of Palmerton, any snow or ice must be removed, sufficient to create a path of 30 inches, within four hours of the cessation of said snow and ice falling. If and/or when the snow and/or ice cessation happens during the hours of darkness, the time limit of removal of all snow and ice begins at daybreak.

(8)

Swimming pools. Any private swimming pool or wading pool must be maintained in a safe and sanitary condition. It is not permissible for any person to keep or maintain, cause or permit within the Borough a swimming pool which does not meet clear visibility from the water's surface to the pool bottom. Swimming pools shall not be maintained in such a manner as to create a breeding ground for mosquitoes, that is detrimental to the safety and welfare of the public, or that causes a blighting effect in Borough neighborhoods.

(9)

Prohibited conduct. No person within the Borough limits shall engage in fighting or threatening or in violent or tumultuous behavior; make unreasonable noise; or create a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

(10)

Burning.

(a)

Bonfires and rubbish fires prohibited. No person shall kindle or maintain any bonfire or rubbish fire within the limits of the Borough of Palmerton.

(b)

Outdoor furnace/fuels prohibited. No person shall install or use any furnace or heating apparatus that is not installed entirely within the building which it is heating. This includes freestanding furnaces and boilers where the heat is transported to other structures. This does not include barbecue pits, chimineas, smokers used for curing and flavoring foods, or similar outdoor recreational burning appliances.

(c)

Administration and enforcement; exceptions. The Borough of Palmerton Fire Chief, Chief of Police, Mayor, Health Officer or any other duly authorized agent, in that order of priority, shall have the power and duty to enforce the provisions of this section as well as the following exceptions:

[1]

Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:

[a]

The prevention of a fire hazard which cannot be abated by other means.

[b]

The protection of public health.

[2]

Open fires may be set with the approval of the authorized enforcement agent of this section, provided that:

[a]

The purpose of such fire is for either an instructional or a community-wide activity; and

[b]

No hazardous or other objectionable condition will be created by such burning.

Authority for issuance of violation ticket. Upon finding a public nuisance violation, any public officer of the Borough of Palmerton may issue public nuisance violation tickets to the owner and/or occupant of the property at issue or to the individual(s) known to have violated this section.

(1)

The provisions of this section shall be enforced by police officers, zoning officer, or any other public officer authorized to enforce ordinances.

(2)

Any violation of the provisions of this section may be cause for a citation, a violation ticket, and/or a notice of violation to be issued to the violator.

Service. 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 other person in charge of the residence, by leaving or affixing the notice or violation ticket to the property where the violation exists, by 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, or by mailing the notice to the violator's address of record.

Separate offense. Each day a violation continues or is permitted to continue shall constitute a separate violation for which a separate fine may be imposed.

Abatement of violation.

(1)

Any person or business violating this section is hereby directed to satisfy the Borough of Palmerton and its citizens, upon issuance of a nuisance ticket, by correcting the violation in question, or by commencing with the correction there of, within 72 hours of receiving notice of the ticket violation. A public officer is authorized and empowered to cause a violation to be corrected. The cost shall be determined by the Borough public officer in order that the Borough shall be compensated for both direct and indirect costs and expenses incurred.

(2)

The Borough of Palmerton and/or its contractor, per the direction of the Borough, reserves the right to abate the violation in question 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 nuisance 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 nuisance 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 Borough and the rules and regulations.

(4)

Borough of Palmerton cleanup. The Borough has the right to determine if the abatement will be completed by Borough staff or by a contractor. If completed by Borough staff, the Borough has the right to charge rates based on the Borough's actual costs for labor, equipment (fair rental rates established by FEMA/PEMA) and materials. If completed by a contractor, the Borough has the right to charge 100% of the contractor's bills plus a 20% administration cost for such items as scheduling, clerical, postage, etc.

(5)

Contractor cleanup. The Borough reserves the right to direct a contractor to perform the abatement of the violation in question once 72 hours passes from the date of issuance of the nuisance ticket. Should the violation present imminent danger and/or pose a health hazard and/or risk, the Borough reserves the right to direct the contractor to perform the abatement immediately. The contractor will submit a bill for their work to the Borough of Palmerton, and the administration fee is in addition to the cost of the contractor.

Fines and penalties.

(1)

For the first violation of this section within a twelve-month period, a violation ticket shall be issued in the amount of $25, as set forth on the chart below.

(2)

For the second offense of a repeat violation of this section within a twelve-month period, a violation ticket shall be issued in the amount of $50, as set forth on the chart below.

(3)

For the third offense of a repeat violation of this section within a twelve-month period, a violation ticket shall be issued in the amount of $100, as set forth on the chart below.

(4)

For each offense subsequent to three offenses of this section within a twelve-month period, the amount of the violation ticket shall increase in the amount of $100, accumulative for each subsequent offense.

(5)

Any persons who receive a violation ticket for any violation of this section may, within 15 days, admit the violation, waive a hearing, and pay the fine in full satisfaction.

(6)

Any person who violates this section 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.

Violation	Description	Fine 1	Fine 2	Fine 3+
QOL-001	Accumulation of rubbish or garbage	$25	$50	$100
QOL-002	Animal maintenance and waste/feces cleanup	$25	$50	$100
QOL-003	High weeds, grass or plant growth	$25	$50	$100
QOL-004	Motor vehicles	$25	$50	$100
QOL-005	Outside placement of indoor appliances/furniture	$25	$50	$100
QOL-006	Snow and ice removal from sidewalks	$25	$50	$100
QOL-007	Storing containers for waste or trash	$25	$50	$100
QOL-008	Bamboo	$25	$50	$100

Violation ticket penalties.

(1)

If the person in receipt of a $25 violation ticket does not pay the fine within 15 days, the person will be subject to a penalty of $10 for days 16 through 30.

(2)

If the person in receipt of a $50 violation ticket does not pay the fine within 15 days, the person will be subject to a penalty of $25 for days 16 through 30.

(3)

If the person in receipt of a $100, or higher, violation ticket does not pay the fine within 15 days, the person will be subject to a penalty of $50 for days 16 through 30.

(4)

Failure of 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)

If violations are continuous or egregious, the public officer has the right to issue citations without first issuing tickets, provided notice has been given. Upon issuance of four tickets for the same violation, right is reserved for the public officer to issue a citation for the fifth and subsequent offenses.

Citations/fines. Any person who violates or fails to comply with the provisions of this section shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, § 1-17A, of the Code of the Borough of Palmerton. The person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.

Restitution. The Magisterial District Judge may order the violator to make restitution to said real or personal property owner and to the Borough of Palmerton for the costs of prosecution, including the fees of the public officer.

Collections. At the discretion of the Borough of Palmerton, all tickets for which payment is not received within 45 days of issuance of a ticket for which an appeal is not taken, and 45 days from denial of an appeal, and monies paid by the Borough of Palmerton for abatement of a violation not paid within 45 days of billing, may be turned over by the Borough to a collection agency for receipt.

Liens. At the discretion of the Borough of Palmerton, liens may be placed upon a property against which tickets were issued for which payment is not received within 45 days of issuance of a ticket for which an appeal is not taken, and 45 days from denial of an appeal, and monies paid by the Borough of Palmerton for abatement of a violation and not paid within 45 days of billing.

Nonexclusive remedies. The penalty lien and collection provisions of this section shall be independent, non-mutually-exclusive separate remedies, all of which shall be available to the Borough of Palmerton as may be deemed appropriate for carrying out the purposes of this section. The remedies and procedures provided in this section for violation hereof are not intended to supplant or replace to any degree the remedies and procedures available to the Borough in the case of a violation of any other Borough of Palmerton code or codified ordinances, whether or not such other code or ordinance is referenced in this section, 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 section.

[1]

Editor's Note: With the addition of this section, subsequent sections of this chapter were renumbered.