[HISTORY: Adopted by the Board of Supervisors
of the Township of Athens 4-25-2007 by Ord. No. 2007-03. Amendments noted
where applicable.]
As used in this chapter, 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.
Water contained in ditches, pools, ponds, streams, excavations,
holes, depressions, open cesspools, privy vaults, fountains, cisterns,
tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles,
tubs, buckets, roof gutters, tires, reservoirs, vessels, receptacles
of any kind or other container or devices which may hold water.
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
One or more rooms in a building, which rooms have fixed cooking
facilities and are arranged for occupancy by one person, two or more
persons living together or one family.
Putrescible animal and vegetable waste resulting from the
handling, preparation, working with and consumption of food.
The presence of insects, rodents, vermin and/or other pests.
Plot, tract, premises or parcel of land, with or without
improvements thereto.
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of the Township of Athens.
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or otherwise,
is vested with title to a lot and/or improvements thereto or who retains
the exclusive control of such a lot and/or improvements thereto in
his or her capacity as a legal representative, such as an administrator,
trustee, executor, etc.
All putrescible and nonputrescible solid waste, including
but not limited to garbage, rubbish, tires, appliances, ashes, dead
animals, market and/or construction or demolition industrial waste.
Any building or part thereof or man-made structure which
remains unoccupied for a period of at least 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.
A rodent, arthropod or insect capable of transmitting a disease
or infection. Vectors shall include but are not limited to rats, flies,
mosquitoes, cockroaches, ticks, fleas, etc.
A.
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 populous.
B.
Every owner of a building containing two or more dwelling
units shall maintain, in a clean and sanitary condition, shared or
public areas of the building and their premises thereof.
C.
Every occupant of a dwelling unit shall maintain,
in a clean and sanitary condition, that part or those parts of the
dwelling unit and premises thereof that he or she occupies and controls.
D.
No owner of any unoccupied hazard shall fail to take
such steps as may be required to ensure that such are securely closed
so as to prohibit and deter entry thereto and to ensure that no health
and/or safety hazard, or threat thereof, is precipitated due to a
lack of maintenance or due to neglect.
E.
Owners of any and all unoccupied buildings and/or
structures which, through neglect, have deteriorated to the point
of being classified as unoccupied hazards, and therefore constitute
a severe health and/or safety hazard, shall, upon the direction of
the Athens Township Board of Supervisors or its appointed representative,
remove or cause the removal of the building and/or structure.
No person shall permit:
A.
Fences and/or minor structures to be constructed,
built, erected and/or maintained so as to present a safety or health
hazard to persons and/or property.
B.
The development or accumulation of rodents or infestation
upon yards, lots or courts.
C.
Objectionable materials to accumulate and to be blown
about the surrounding neighborhood.
D.
Wells, cesspools, cisterns, sedimentation ponds, stormwater
management impoundment ponds and/or ponds of a similar nature to remain
open without adequate fencing or barricades to prevent access thereto
by the general public. The provisions of this subsection shall not
apply to any pond located in the Agricultural, Public or Woodland
Conservation Districts as designated by the Athens Township Zoning
Ordinance[1] and any amendments thereto.
[1]
Editor's Note: A copy of the Zoning Ordinance
is on file in the Township offices.
E.
The accumulation of heavy undergrowth and/or vegetation
which would impair the health and/or safety of the neighborhood. The
provisions of this subsection shall not apply to any property located
in the Agricultural, Public, or Woodland Conservation Districts as
designated by the Athens Township Zoning Ordinance and any amendments
thereto.
F.
Any portions of undergrowth, vegetation, trees, plants
or shrubbery to grow upon their property which constitutes a safety
hazard to pedestrians and/or vehicular traffic.
G.
Allow the accumulation of refuse or garbage upon any
yard, court or lot.
A.
Ground, buildings and structures shall be maintained
free of insect, vermin and rodent harborage and infestation.
B.
Adequate sanitary facilities and methods shall be
used for the collection, storage, handling and disposal of garbage
and refuse.
C.
Corrective measures.
(1)
Where there exists rodent and vermin infestation,
corrective measures shall be undertaken by the property owner and/or
occupant to alleviate the existing problem or problems, to include
screening, extermination and/or garbage and refuse control. The methods
employed for extermination shall conform to generally accepted practices.
(2)
A program plan and specifications for private vector
control programs may be required to be submitted to Athens Township
as deemed necessary by the Athens Township Board of Supervisors or
its appointed representative. The program plan shall be submitted
by the owner or agent of the property on or in which the vector control
program is or will be conducted. The program shall state the type
of vectors to be controlled, the name of the company contracted to
carry out the program and any and all work to be conducted in an effort
to control the vectors. If, after review, the program plan is found
to be inadequate or incomplete, additional information may be required
as well as additional control methods.
A.
The Athens Township Board of Supervisors hereby finds
ornamental ponds to be an attractive nuisance, posing certain identifiable
risks to the general public. As such, the Board of Supervisors has
determined that certain regulations concerning ornamental ponds are
in the best interest of the health, safety, and welfare of the residents
of Athens Township and the general public.
B.
No person shall construct or install any ornamental
pond upon his property which has a depth greater than three feet,
nor shall any ornamental pond exceed 50 square feet in size.
No person shall permit:
A.
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, maintenance or manner of
discharge.
B.
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.
C.
Any refrigerator, freezer and/or 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 therefrom.
D.
Any collection of standing or flowing water in which
mosquitoes breed or are likely to breed, unless such collection of
water is maintained effectually so as to prevent such breeding.
E.
The construction, maintenance, or use of a sewage
system, privy, urinal, cesspool, or other receptacle for human excrement
so that vectors may have access to the excrementitious matter contained
therein.
F.
The storage of garbage or refuse in containers other
than those which are made of durable, watertight, rust-resistant material
and having a close-fitting lid which must be kept on the container
when in use or in plastic bags which are durable and watertight and
are secured or tied. These containers must be kept clean by thorough
rinsing and draining as often as necessary so as not to provide food
or breeding areas for vectors.
Any occupant of a premises shall be responsible
for compliance with the provisions of this chapter with respect to
the maintenance of that part of the premises which he or she occupies
and/or controls in a safe, sound, and/or sanitary condition pursuant
to the terms of the contract or agreement under which he or she exercises
occupancy control thereof.
A.
Owners of premises shall comply with the provisions
of this chapter as well as all occupants regardless of any agreements
between owners and occupants as to which party shall assume such responsibility.
B.
In instances where an occupant is responsible or shares
responsibility with an owner for the existence of one or more violations
of this chapter, said occupant shall be deemed responsible and treated
as if an owner with the true intent and meaning of this chapter.
The Athens Township Board of Supervisors, or
its authorized representative, may cause entry onto any premises for
the purpose of inspection of any and all premises, properties, buildings
and/or structures located within the Township of Athens for ascertaining
existence of violations of this chapter. 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 must be
made with the owner, the owner's agent or occupant to secure access
thereto. Such right of entry shall be at reasonable times and subject
to constitutional restrictions on unreasonable searches and seizures.
If entry is refused or not otherwise obtained, the Board or its authorized
representatives shall pursue such recourse as is provided by law.
A.
If noncompliance with the provisions of this chapter
constitutes a nuisance or if any condition, structure or improvement
poses a threat to the health, safety or welfare of the public, the
Board of Supervisors or its authorized representative shall issue
a written notice to be served by personal delivery or registered or
certified mail upon the owner of said premises, or, if the owner's
whereabouts or identity is unknown, by posting the notice conspicuously
upon the offending premises.
B.
Said notice shall specify the condition, structure
or improvement complained of and shall require the owner to remove
or otherwise remedy the condition, structure or improvement as set
forth therein within 30 days of mailing or posting of said notice,
unless the owner applies for and receives an extension of time to
fully comply with the requirements of the notice.
If the owner does not comply with the notice
to abate the conditions within the time limit prescribed, the Township
of Athens shall have the authority to take measures to correct the
conditions and collect the costs of such corrections plus 10% of all
costs. Athens Township, in such event and pursuant to its statutory
or otherwise authorized police powers, shall have the right and power
to enter upon the offending premises to accomplish the foregoing.
Any person, firm or corporation, or agent of
any person, firm or corporation, who shall violate any of the provisions
of this chapter shall, upon conviction thereof in an action brought
before a Magisterial District Judge, in the manner provided for the
enforcement of summary offenses, be sentenced to pay a fine of not
less than $200 nor more than $1,000 plus costs, and in default of
payment of such fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this chapter continues or each
section of this chapter which is found to have been violated shall
constitute a separate offense.
If the premises are owned by more than one owner,
each owner shall severally be subject to prosecution for violations
of this chapter.
Remedies provided herein for the enforcement
of this chapter, or any remedy provided by law, shall not be deemed
mutually exclusive; rather, they may be employed simultaneously or
consecutively at the option of the Athens Township Board of Supervisors.
The provisions of this chapter shall supplement
local laws, ordinances or regulations existing in the Township of
Athens or those of the Commonwealth of Pennsylvania. Where a provision
of this chapter is found to be in conflict with any provision of the
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.
