[Adopted 6-26-1995 by Ord. No. 992-95]
For the purpose of this Part 3, the following words and phrases shall have the meanings respectively ascribed to them by this section:
The City of Coatesville, Chester County, Pennsylvania.
Any waste parts of food, from a market or kitchen, or any
animal or vegetable matter that is discarded and or thrown away, or
any worthless or offensive matter that has been discarded.
Any discarded trash, garbage or rubbish, as defined in this section, and all other waste material which, if thrown or scattered about in a careless manner or lying about in disorder as prohibited in this Part 3, is determined to be a nuisance to the safety, health, cleanliness and comfort of the inhabitants of the City.
Any dwelling, house, building, structure or vacant lot, designed
or used either wholly or in part for private residential purposes
or place of business, whether inhabited, occupied or temporarily or
continuously uninhabited or vacant, and shall include any yard, grounds,
walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling, house, building or other structure.
Any street, sidewalk, highway, alley or other public way
and any public park, square, space, ground or building.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrapping, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bottles, bedding, crockery
and similar items.
All putrescible and nonputrescible solid wastes (except body
waste), including garbage, rubbish, ashes, street cleaning, dead animals,
abandoned vehicles and solid and industrial waste which causes danger
to the health, safety and welfare of any resident or business owner.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a street, including devices used
exclusively upon stationary rails or tracks.
For the purposes of this Part 3, the word "shall"
is always mandatory and not merely directory.
No person shall throw, deposit or allow to occur
litter or rubbish in or upon any street, sidewalk or other public
place within the City, except that litter may be thrown or deposited
in public receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles
or in private receptacles shall do so in such a manner as to prevent
it from being carried or deposited by the elements upon any street,
sidewalk or other place or upon private property.
No person shall sweep into or deposit in any
gutter, street or public place within the City the accumulation of
litter from any building or lot from any public or private sidewalk
or driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the City the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the City shall keep
the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the City or upon private property.
No person shall drive or move any truck or other
vehicle within the City unless such vehicle is so constructed or loaded
as to prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place.
No person shall drive or move any truck or other
vehicle within the City so that the wheels or tires of such vehicle
carry onto or deposit on any street, alley or other public place mud,
dirt, sticky substances, litter or foreign matter of any kind.
No person shall throw, deposit or allow to occur
litter in any park within the City except in public receptacles and
in such a manner that the litter will be prevented from being carried
or deposited by the elements upon any part of the park or upon any
street or other public place. Where public receptacles are not provided,
all such litter shall be carried away from the park by the person
responsible for its presence and properly disposed of elsewhere as
provided by this chapter.
No person shall throw, deposit or allow to occur
litter in any stream, creek, run or any other body of water within
the City.
No person shall throw, deposit or allow to occur
litter on any occupied private property within the City, whether owned
by such person or not, except that the owner or person in control
of private property may maintain authorized private receptacles for
the collection of litter in such a manner that litter will be prevented
from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon any private property.
The owner or person in control of any private
property shall at all times maintain the premises free of litter;
provided, however, that this section shall not be so construed as
to prohibit the storage of litter in authorized private receptacles
for collection.
No person shall throw, deposit or allow to occur
litter on any open or vacant property within the City, whether owned
by such person or not.
A.
Initial notice. Whenever the Code Enforcement Officer
or SWEEP Officer, as appointed by the Director of Public Works, of
the City of Coatesville observes a property that is in violation of
this Part 3, the Officer shall give notice to the property owner.
Such notice shall contain the following:
[Amended 8-22-2011 by Ord. No. 1358-2011]
(1)
The address of the property in violation and the name
of the owner.
(2)
A statement that the property is in violation, specifying,
if applicable, the specific area in violation.
(3)
Directions that the ordinance be complied with and
the offending litter be removed.
(4)
Notice that if the violation is not corrected within
five days of receipt of the notice that a citation will be issued.
(5)
Notice that the Code Administrator will discuss the
violation with the property owner if this is requested.
(6)
A statement that the notice is not a citation and
that it will not be kept on file after the violation is abated.
(7)
The signature and printed name of the officer observing
the violation.
B.
Alternative citation process.
[Added 10-28-2013 by Ord. No. 1418-2013[1]]
(1)
Any person violating the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $25 to be paid within 10 days.
(2)
Any person violating the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $50 to be paid after 10 days but within 20 days.
(3)
Any violation of the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $75 to be paid after 20 days, but before citation.
(4)
Failure to respond by the payment of the fines as aforesaid shall,
after 28 days, result in the issuance of a citation to the defendant.
Thereafter, the prosecution shall proceed in accordance with the Pennsylvania
Rules of Criminal Procedure, and upon conviction for the offense,
the defendant shall be ordered to pay the maximum fine prescribed
by law, together with the costs of prosecution, and/or to be incarcerated
in the county prison for not more than five days.
C.
Issuance of citation and penalties. If the owner or
occupant of the property in violation fails to comply with this Part
3 within five days of the above notice, the Code Enforcement Officer
or SWEEP Officer, as appointed by the Director of Public Works, shall
issue a citation to the owner or occupant of the property. Summary
conviction of a violation of this Part 3 shall be punishable by a
fine of not more than $300 and costs of such proceedings and, upon
default of payment of such fine and costs, by imprisonment in the
county jail for a term of not more than 30 days. A continuance of
a violation shall constitute a violation for each day of such violation,
and the person or persons allowing or permitting the continuance of
the violation may be punished as provided above for each separate
offense.
[Amended 8-22-2011 by Ord. No. 1358-2011]
D.
Abatement of violation by City. If the owner or occupant
of a property fails to abate the violation after summary conviction,
then the City of Coatesville may remove such litter. Nothing in this
Part 3 shall authorize the City to enter private property for these
purposes while any conviction under this Part 3 is being appealed.
E.
Collection of costs. The cost of abating such violation,
together with any additional penalty authorized by law, may be collected
by the City from such owner or occupant in the manner provided by
law. The cost of such action by the City shall include the total cost
to the City of compensating the laborers and foremen for the abatement,
including but not limited to the hourly cost of their work and the
expense of benefits for said workers, and also the administrative
costs of the abatement, or the cost of hiring a contract service.
Upon completion of the work, the City shall bill the responsible owner
or occupant for the amount specified above, and if not paid within
10 days thereafter, the City may institute suit for the recovery of
such costs and penalties, or at its discretion, enter a lien against
the premises on which the work has been done, in accordance with the
Municipal Lien Act of Pennsylvania.