Part 1 UNIFORM CONSTRUCTION CODE
Part 2 PROPERTY MAINTENANCE
[Ord. 4-2004, 7/8/2004, § 1]
This Part shall be known as the "Canton Township Building Code Ordinance."
[Ord. 4-2004, 7/8/2004, § 2]
Canton Township hereby enacts to administer and enforce the provisions of the Pennsylvania Construction Code Act 45 of 1999, 35 P.S. §§ 7210.101 — 7210.1103, as amended from time to time and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the Canton Township Building Code.
[Ord. 4-2004, 7/8/2004, § 3]
Administration and enforcement of the Code within Canton Township shall be undertaken in any of the following ways as determined by the Board of Supervisors of Canton Township from time to time by resolution:
By the designation of an employee of Canton Township to serve as the Code Enforcement Officer on behalf of Canton Township.
By the retention of one or more construction code officials or third-party agencies to act on behalf of Canton Township.
By agreement with one or more other municipalities for the joint administration and enforcement of this Part through intermunicipal agreement.
By entering into a contract with another municipality for the administration and enforcement of this Part on behalf of Canton Township.
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
[Ord. 4-2004, 7/8/2004, § 4]
A Board of Appeals shall be established by resolution of the Board of Supervisors of Canton Township in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.
[Ord. 4-2004, 7/8/2004, § 5]
All building code ordinances or portions of ordinances which were adopted by Canton Township on or before July, 1999, and which equal or exceed the requirements of the Code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Code, as amended from time to time.
All building code ordinances or portions of ordinances which are in effect as of the effective date of this Part and whose requirements are less then the minimum requirements of the Code are hereby amended to conform with the comparable provisions of the Code.
All relevant ordinances, regulations and policies of Canton Township not governed by the Code shall remain in full force and effect.
[Ord. 4-2004, 7/8/2004, § 6]
Fee assessable by Canton Township for the administration and enforcement undertaken pursuant to this Part and the Code shall be established by the Board of Supervisors by resolution from time to time.
[Ord. 4-2004, 7/8/2004, § 7]
Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not more than $300, and/or to undergo imprisonment for a term not to exceed 90 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 6-2009, 7/9/2009, § 1]
This Part shall be known and cited as the Township of Canton "Property Maintenance Ordinance."
[Ord. 6-2009, 7/9/2009, § 2]
This Part recognizes the need within the Township of Canton to establish certain minimum health and safety requirements for those buildings, structures or properties which are used or associated with human occupancy and this Part hereby establishes standards which the Board of Supervisors considers to be fair and effective in meeting those minimum requirements.
[Ord. 6-2009, 7/9/2009, § 3]
- A roofed structure enclosed by one or more walls for the shelter, housing, storage or enclosure of persons, goods, materials, equipment or animals.
- An open and unoccupied space on a lot 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.
- HOUSEHOLD PET
- Any dog, cat or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.
- The presence of insects, rodents, vermin and/or other pests.
- Plot, tracts, premises or parcel of land, with or without improvements thereto.
- 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 or 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 wastes, including garbage, rubbish, ashes, dead animals and market and industrial wastes.
- UNOCCUPIED HAZARD
- Any building or part thereof, or man-made structure, which remains unoccupied for a period of more than six months, 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 six months.
- Animals, wild birds (applies to structure interior) or insects known to carry disease, parasites, lice, fleas or other infections.
[Ord. 6-2009, 7/9/2009, § 4]
The provisions of this Part shall supplement local laws, ordinances or regulations existing in the Township of Canton or those of the Commonwealth of Pennsylvania. Where a provision of this Part is found to be in conflict with any provision of a local law, ordinance, code or regulation or those of the Commonwealth of Pennsylvania, the provisions which are more restrictive or which establish the higher standard shall prevail.
[Ord. 6-2009, 7/9/2009, § 5]
No owner of any building or structure shall fail to take steps and perform such maintenance thereto as may be required, from time to time, to ensure the property is safe, sound, sanitary and secure and does not present a health and/or safety hazard to surrounding properties and to the general populace and/or emergency response personnel.
No owner of any unoccupied building or structure shall fail to take such steps as may be required to insure that the aforesaid are securely closed so as to prohibit and deter entry thereto by people, pets, wild animals, birds or rodents, and to insure that no health and/or safety hazard, infestation or threat thereof is precipitated due to a lack of maintenance or due to neglect.
Owners of any and all unoccupied buildings and/or structures which, through neglect, have deteriorated to the point of being classified as hazardous/dangerous, and, therefore, constitute a severe health and/or safety hazard, shall, upon direction of the Board of Supervisors, remove or cause the removal of the building and/or structure.
[Ord. 6-2009, 7/9/2009, § 6]
Fences and/or minor structures are to be constructed and maintained so as not to present a safety or health hazard to persons and/or property.
Owner(s) shall not allow the development and/or accumulation of hazards, rodent harborage and/or infestation upon yards, courts and lots.
Owner(s) shall not allow garbage or refuse to accumulate and to be blown about the surrounding neighborhood. Said garbage or refuse shall be placed in suitable containers/receptacles.
Owner(s) shall not allow the accumulation of heavy undergrowth and/or vegetation which would impair the health and/or safety of the neighborhood; nor shall they permit any trees, plants or shrubbery, or any portion thereof, to grow on their property and which constitute a safety and/or health hazard to pedestrian and/or vehicular traffic.
[Ord. 6-2009, 7/9/2009, § 7]
Grounds, buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation.
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal or garbage and refuse.
Where there exists rodent and vermin infestation, corrective measures shall be undertaken by the property owner and/or occupant to alleviate the existing problem(s), to include screening, extermination and/or garbage and refuse control. Methods employed for extermination shall conform with generally accepted practices.
[Ord. 6-2009, 7/9/2009, § 8]
It shall be unlawful for any person to keep any household pet, except as follows:
If any such pet shall be kept in a dwelling owned or occupied by said pet's owner, such owner shall be required to follow procedures and practices as to sanitation to insure that no public nuisance shall be created or maintained and no threat to the health of persons living elsewhere than in such dwelling shall be created.
If any such pet shall be kept or allowed outside its owner's dwelling, the following provisions shall apply:
The owner of every such pet shall confine the same in an enclosure sufficient to prevent it from running at large, and said enclosure shall be of a size conducive to good sanitary practices with adequate and sanitary drainage facilities provided.
The owner of every such pet shall cause the litter and droppings therefrom to be collected by a reasonable method in a container or receptacle that, when closed, shall be rat-proof and fly-tight. After every such litter and droppings collection, the container or receptacle shall be kept closed. At least once a week, every pet owner shall cause all litter and droppings so collected to be disposed of in such a manner as to not permit the presence of fly larvae.
The owner shall license such pets as required by county and/or state agencies.
[Ord. 6-2009, 7/9/2009, § 9]
No person shall permit:
Roof, surface and/or sanitary drainage to create a safety and/or health hazard to persons and/or property by reason of inadequate and/or improper construction or maintenance or manner of discharge.
Roof gutters, drains or any other system designed and constructed to transport stormwater to be discharged into any sanitary sewage system and/or any part thereof.
Any refrigerator, freezer and/or other similar storage chest to be discarded, abandoned or stored in any place or location which is accessible to the general public without first completely removing any and all locking devices and/or doors.
Any open wells, pits or holes or sumps without appropriate lid, guard or fence to prevent accidental fall or entrapment of animals or persons.
[Ord. 6-2009, 7/9/2009, § 10]
Any occupant of a premises shall be responsible for compliance with the provisions of this Part with respect to the maintenance of that part of the premises which he occupies and/or controls in a safe, sound and/or sanitary condition pursuant to the terms of the contract/agreement under which he exercises occupancy and/or control thereof.
[Ord. 6-2009, 7/9/2009, § 11]
Owners of premises shall comply with the provisions of this Part as well as operators and occupants, regardless of any agreements between owners and operators or occupants, as to which party shall assume such responsibility.
In instances where an occupant is responsible or shares responsibility with an owner for the existence of one or more violations of this Part, said occupant shall be deemed responsible and treated as if an owner within the true intent and meaning of this Part. In the absence of written transfer of responsibility from owner to occupant, owner shall be considered responsible.
[Ord. 6-2009, 7/9/2009, § 12]
Upon failure to comply with any terms or conditions of this Part, the owner and/or occupant shall be notified by the Board of Supervisors or its authorized representative, by certified mail or through personal service of said violation or violations. Such notification shall be in writing and shall identify the premises and shall cite the specific violation or violations; shall direct the owner and/or occupant to correct the deficiency and/or deficiencies within a period of 30 days from the receipt of such notice, and shall inform the owner and/or occupant of the fines and penalties which would accrue for the failure to comply. The notice shall also advise that, in lieu of or in addition to fines and penalties, and subsequent to the thirty-day period for voluntary compliance, the Township 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 so incurred in a manner as prescribed by law. In the event the owner and/or occupant cannot be ascertained or is not able to be located, a notice containing the above required information in summary form shall be published once in each of two consecutive weeks in a newspaper of general circulation in the Township, advising of the existence of the violation and requiring correction thereof, in accordance with the terms and conditions herein established; detailed notice thereof shall be posted on the subject premises and at the Township building.
[Ord. 6-2009, 7/9/2009, § 13]
The owner and/or occupant shall have 30 days from the receipt of a notice of violation or, alternatively, from the date of the second appearance of the published notice of violation, to correct any and all stipulated deficiencies. Extensions to the thirty-day period in which deficiencies must be corrected may be granted by the Township upon demonstration by the owner and/or occupant that such an extension thereto is warranted and justified. Failure to comply shall constitute a violation of this Part. A conflict between an owner and/or occupant shall not ban further prosecutions for noncompliance with this Part subsequent to such conviction.
[Ord. 6-2009, 7/9/2009, § 14]
In any case where the nature of the violation requires construction or demolition work in order to correct the violation, permits for construction and/or demolition must be obtained from the Township Zoning Officer.
[Ord. 6-2009, 7/9/2009, § 15]
If the premises are owned by more than one owner, each owner shall be severally subject to prosecution for the violation of this Part.
[Ord. 6-2009, 7/9/2009, § 16]
In those matters where the nature of an alleged violation is such that an inspection of the interior of a building or structure is necessary, prior arrangements may be made with the owner or his agent to secure access thereof. If the owner fails to provide access to the aforesaid, then the Township shall pursue the necessary legal means to secure access thereof.
[Ord. 6-2009, 7/9/2009, § 17]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000, together with the costs of prosecution and/or imprisonment for a term not to exceed 90 days. Each day a conviction is violation of this Part exists beyond the thirty-day voluntary compliance period shall constitute a separate violation of this Part. The owner shall also bear all costs of correction where performed by the Township or its designee.