[Ord. 615, 9/11/1996, § 101]
All residential, commercial and industrial premises within the
Township of Darby, whether improved or vacant, shall be maintained
in conformity with the provisions of this Part so as to assure the
desirable character of the property.
[Ord. 615, 9/11/1996, § 103]
As used in this Part, the following terms shall have the meanings
indicated:
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
A building or combination of buildings and the lot on which
the same is located, used wholly or in part for commercial purposes,
including, but not limited to, offices, places of public assembly,
shopping centers, supermarkets, retail stores, warehouses, manufacturing
or fabrication plants, gasoline stations and other business uses.
An open and unoccupied space on a lot and enclosed on at
least three sides by the walls of a building.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin or other pests.
"Garbage," "refuse" and "rubbish" as herein defined and all
other waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Plot, tract, premises or parcel of land with or without buildings
or structures located thereon as surveyed and apportioned for sale
or other purposes.
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or otherwise,
is vested with the title to a lot and/or improvements thereto or who
retains the exclusive control of such a lot and/or improvements thereto
in his capacity as a legal representative, such as an administrator,
trustee, executor, etc.
All putrescible and nonputrescible solid waste, including
garbage, rubbish, ashes, street cleanings, dead animals, junk vehicles
and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding crockery and
similar materials.
Any building or part thereof which remains unoccupied for
a period of more than two years, with either doors, windows or other
openings broken, removed, boarded or sealed up, or any building under
construction upon which little or no construction work has been performed
for a period of more than two years.
An open space on the same lot which contains a building and
is located between the building line and the lot line which the particular
building line faces.
[Ord. 615, 9/11/1996, § 103]
The provisions of this Part shall supplement local laws, ordinances
or regulations existing in the Township of Darby and those of the
Commonwealth of Pennsylvania. Where a provision of this Part is found
to be in conflict with any provision of a local ordinance, code or
regulation or those of the Commonwealth of Pennsylvania, the provision
which is more restrictive or which establishes the higher standard
shall prevail.
[Ord. 615, 9/11/1996, § 104]
1.
Surface and subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of stagnant
ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers
or other satisfactory drainage systems shall be utilized where necessary.
No roof, surface or sanitary drainage shall create a structural, safety
or health hazard by reason of construction, maintenance or manner
of discharge.
2.
Fences and other minor construction shall be constructed and maintained
so as not to present a safety and/or health hazard to persons and/or
property.
3.
Steps, walks, driveways, parking spaces and similar paved areas shall
be maintained so as to afford sage passage under normal use and weather
conditions. Any holes or other hazards that may exist shall be filled
and necessary repairs or replacement carried out.
4.
Yard, courts and vacant lots shall be kept clean and free or physical
hazards, rodents harborage and infestation. They shall be maintained
in a manner that will prevent dust, dirt and/or other particles and/or
materials from being blown about the neighborhood. Open wells, cesspools
or cisterns shall be securely closed or barricaded from access to
the public.
5.
Heavy undergrowth and accumulation of plant growth which are noxious
or detrimental to health shall be eliminated. Any trees, or portions
thereof, located on private property and constituting a hazard to
persons or property shall be removed.
[Ord. 615, 9/11/1996, § 105]
1.
Business units, as defined herein, shall at all times be maintained
in compliance with the provisions of this Chapter regulating open
spaces, buildings or structures and littering.
2.
No outside storage or accumulation of garbage, crates, rubbish, refuse
or debris shall be permitted at any time, and all such garbage, crates,
rubbish, refuse or debris shall be kept inside the building or buildings
on the premises, or in an acceptable enclosure, and shall be regularly
collected and removed from the premises.
3.
No shopping baskets, carts or wagons shall be left unattended or
standing in open areas and shall be collected at the close of business
each day by the occupant of such unit and removed to the interior
of the building or buildings.
4.
No mobile refrigeration unit shall be operated on the premises after
the closing of the business conducted thereon unless such mobile refrigeration
unit is electrically operated.
5.
No truck or other vehicle shall be loaded or unloaded outside the
confines of the building or buildings on the premises, before 7:00
a.m. or after the business conducted on the premises has been closed
to the public, in such a manner as to cause excessive noise or disturbance
to the adjoining properties. For purposes of this subsection, a noise
rating exceeding 25 decibels as read on the A-Scale of a standard
sound level meter at the nearest residence to the premises shall be
deemed excessive.
6.
All fences and planting areas installed on the premises shall be
maintained by the owner of the property. Such maintenance shall include,
but not be limited to, the replacement of trees and shrubs which may
die and/or otherwise be destroyed, the maintenance and cutting of
lawns and the replacement and/or repair of fences which may become
in disrepair.
[Ord. 615, 9/11/1996, § 106]
1.
All exterior exposed surfaces not inherently resistant to deterioration
shall be repaired, coated, treated or sealed to protect them from
deterioration or weathering.
2.
Floors, walls, ceilings, stairs, furnishings and fixtures or buildings
shall be maintained in a clean, safe and sanitary condition. Every
floor, exterior wall, roof and porch or appurtenance thereto shall
be maintained in a manner so as to prevent the collapse of the same
or injury to the occupants of the building or to the public.
3.
The foundation walls of every building shall be maintained in good
repair and shall be structurally sound.
4.
Exterior walls, roofs and all openings around doors, windows, chimneys
and other parts of a building shall be so maintained as to keep water
from entering the building and to prevent undue heat loss from occupied
areas. Materials which have been damaged or show evidence of dry rot
or other deterioration shall be repaired or replaced and refinished
to a workmanlike manner. Exterior walls, roofs and other parts of
the building shall be free from loose and unsecured objects and materials
and improperly secured objects and material. Such objects or materials
shall be removed, repaired or replaced.
5.
The owner of a vacated building shall take such steps and perform
such acts as may be required of him from time to time, to ensure that
the building and its adjoining yards remain safe and secure and do
not present a hazard to adjoining property or to the public. All openings
shall be provided with painted, exterior grade plywood closures, securely
fastened.
6.
Buildings and structures shall be maintained in such a condition
so that they shall not become unoccupied hazards as defined in this
Part. All graffiti or defacing shall be removed and the surface finish
restored within a five-day period.
7.
All signs and lighting systems shall be maintained in a completely
operable, clean and safe condition.
8.
All decorated pools and similar devices shall be maintained free
of litter and operated as intended. Should the maintenance costs of
such devices prove unacceptable, the device shall be converted to
landscaped planting beds.
[Ord. 615, 9/11/1996, § 107]
1.
Ground buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation. Methods used for exterminating
insects, vermin and rodents shall conform with generally accepted
practice.
2.
Where the potential for rodent or vermin infestation exists, windows
and other openings in basements and cellars shall be appropriately
screened with wire mesh or other suitable materials.
[Ord. 615, 9/11/1996, § 108]
1.
Residential, commercial and industrial premises, whether improved
or vacant, shall be maintained free of litter; provided, however,
that this subsection shall not prohibit the storage of litter in authorized
private receptacles for collection.
2.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse in accordance
with the provisions of applicable codes or ordinances.
3.
No refrigerator may be discarded, abandoned or stored in a place
accessible to children without first completely removing any locking
devices and all doors.
4.
Dumpsters and similar large receptacles shall be shielded from the
public view by means of appropriate landscaping or architectural screening.
5.
Shopping centers, supermarkets and similar business units shall provide
permanent attractive, decorated litter receptacles within the premises
for public use in sufficient quantity to prevent a person from walking
in excess of 50 feet to use one such receptacle.
[Ord. 615, 9/11/1996, § 109]
An occupant of the premises shall be responsible for compliance
with this section in regard to the following:
A.
Limiting the occupancy of that part of the premises which he occupies
or controls to the maximum permitted by the Ordinances of the Township
of Darby.
B.
Maintenance of the part of the premises which he occupies or controls
in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration fixtures and
appliances, as well as other building equipment and storage facilities
in that part of the premises which he occupies or controls, in a clean
and sanitary condition and providing reasonable care in the operation
and use thereof.
D.
Keeping exits from his building clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities in a clean
and sanitary manner, in accordance with the Ordinances of the Township
of Darby.
F.
Extermination of insects, rodents or other pests within his premises.
G.
Maintenance of yards, lawns and courts in a clean, sanitary and safe
condition and free from infestation insofar as said occupant occupies
or controls said yards, lawns and courts or any parts thereof.
H.
The installation and removal of required screens.
I.
Keeping his domestic animals and pets in an appropriate manner and
under control.
J.
Elimination of all prohibited uses from that part of the premises
which he occupies, controls or has accessibility thereto.
[Ord. 615, 9/11/1996, § 110]
1.
Owners of premises shall be responsible for compliance with the provisions
of this Part and shall remain responsible therefor regardless of the
fact that this Part may also place certain responsibilities on operators
and occupants and regardless of any agreements between owners and
operators or occupants as to which party shall assume such responsibility.
2.
Owners and operators of buildings shall be responsible for the proper
installation, maintenance, condition and operation of service facilities
and for furnishing adequate heat and hot water supply where they have
contracted to do so.
3.
Whenever any person or persons shall be in actual possession of or
have charge, care of control of any property within the Township of
Darby as executor, administrator, trustee, guardian, operator or agent,
such person shall be deemed and taken to be the owner or owners of
said property within the true intent and meaning of this Part and
shall be bound to comply with the provisions of this Part to the same
extent as the record owner; and notice to any such person or any order
or decision of the Code Enforcement Officer and/or Township Manager
shall be deemed and taken to be a good and sufficient notice, as if
such person or persons were actually the record owner or owners of
such property. In instances where an occupant is responsible or shares
responsibility with the owner for the existence of one or more violations
of the Part, said occupant shall be deemed and taken to be an owner
within the true intent and meaning of this Part.
[Ord. 615, 9/11/1996, § 111]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and costs, or in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 615, 9/11/1996, § 112; as amended by Ord.
658, 9/14/2005]
Upon failure to comply with any condition of this Part, the
owner and/or occupant shall be notified by the Township of Darby or
its authorized representative, by certified mail, or through personal
service, or posting of the property, of said violation or violations;
notification shall be in writing and shall identify the premises and
cite the specific violation or violations; shall direct the owner
and/or occupant to correct the deficiency and/or deficiencies within
10 days, or immediately depending on circumstances, from the receipt
of such notice and shall inform the owner and/or occupant of the fines
and penalties which would accrue for failure to comply. The notice
shall also advise that, in lieu of or in addition to fines and penalties,
and subsequent to the ten-day period for voluntary compliance, the
Township of Darby may itself correct the deficiencies or contract
for the correction thereof and assess the cost thereof as a lien against
the premises and/or recover the expenses incurred in a manner as prescribed
by law.
[Ord. 615, 9/11/1996, § 113; as amended by Ord.
658, 9/14/2005]
The owner and/or occupant shall have 10 days, or immediately
depending on circumstances, from the receipt of a notice of violation
and/or posting to correct any and all stipulated deficiencies. Extensions
to the ten-day period may be granted by the Township of Darby upon
demonstration by the owner and/or occupant that the extension thereto
is warranted and justified. Failure to comply shall constitute a violation
of this Part. A conviction of an owner and/or occupant shall not ban
further prosecutions for noncompliance within this Part subsequent
to such conviction.
[Added by Ord. 718, 4/8/2015]
1.
Whenever a bank, mortgage company or other lending institution forecloses
on a property, that entity shall notify the Township within 30 days
of the foreclosure of its identity, address, and phone number.
[Ord. 615, 9/11/1996, § 114]
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
Part.
[Ord. 615, 9/11/1996, § 115]
1.
The Township
of Darby may, or may cause, through an authorized representative of
the Township of Darby, entry onto premises for the purpose of inspection
of any and all premises, properties, buildings and/or structures located
within the Township of Darby for ascertaining the existence of violations.
In those matters where the nature of an alleged violation is such
that an inspection of the interior of a building or structure is necessitated,
prior arrangements must be made with the owner or his agent to secure
access thereof.
2.
In addition to the above, whenever a Code Enforcement Officer makes
any inspections of the property after the initial site visit, the
Township shall charge such person an administrative/inspection fee
of $50 per inspection.
[Added by Ord. 717, 4/8/2015]
