[Adopted 11-9-1987 by Ord. No. 16-1987 (Ch. 10, Part 3, of
the 1989 Code)]
This article shall be known and cited as the "Township of Robinson
Property Maintenance Ordinance."
Recognizing the need within the Township to establish certain
minimum health and safety requirements for those buildings, structures
or properties which are used or associated with human occupancy; this
article hereby establishes standards which the Commissioners consider
to be fair and effective in meeting those minimum requirements.
This Article III and the objectives leading to its enactment are authorized by the provisions of the First Class Township Code, to wit 53 P.S. § 56526.
As used in this article, 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.
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.
The presence of insects, rodents, vermin and/or other pests.
Plot, tract, 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 of such 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.
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.
Any open space on the same lot with a building and, for the
most part, unobstructed from the ground up.
The provisions of this article shall supplement local laws,
ordinances or regulations existing in the Township or those of the
Commonwealth of Pennsylvania. Where a provision of this article 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
provision which is more restrictive or which establishes the higher
standard shall prevail.
A.
No owner of any building or structure shall fail to take steps to
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.
B.
No owner of any unoccupied building or structure shall fail to take
such steps as may be required to ensure that these 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.
C.
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 direction of the Commissioners, remove
or cause the removal of the building and/or structure.
No persons shall permit:
A.
Fences and/or minor structures to be constructed and maintained so
as to present a safety or health hazard to persons and/or property;
B.
The development of accumulation of hazards, rodent harborage and/or
infestation upon yards, courts, lots;
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; or
E.
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 which constitute a safety hazard to pedestrian and/or
vehicular traffic.
A.
Grounds, 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.
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.
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 or 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; or
C.
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 occupant of a premises shall be responsible for compliance
with the provisions of this article 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.
A.
Owners of premises shall comply with the provisions of this article
as well as operators and occupants, regardless of any agreements between
owners and operators or 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
article, said occupant shall be deemed responsible and treated as
if an owner within the true intent and meaning of this article.
The Commissioners may or may cause through an authorized representative
of the Township of Robinson entry onto premises for the purpose of
inspection of any and all premises, properties, buildings and/or structures
located within the Township of Robinson 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.
A.
If noncompliance with the provisions of this article constitutes
a nuisance, or if any condition, structure or improvement poses a
threat to the health, safety or welfare of the public, the enforcement
officer shall issue a written notice to be served by registered or
certified mail upon the owner of said premises or, if the owner's
whereabouts or identity be unknown, by posting the notice conspicuously
upon the offending premises.
B.
Said notice shall specify the condition or structure or improvement
complained of and shall require the owner to commence to remove or
otherwise rectify the condition or structure or improvement as set
forth therein within 10 days of mailing or posting of said notice
and thereafter to fully comply with the requirements of the notice
within a reasonable time.
If the owner does not comply with the notice to abate the conditions
within the time limit prescribed, the Township of Robinson shall have
the authority to take measures to correct the conditions and collect
the cost of such corrections, plus 10% of all costs. The Township
of Robinson, 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.
A.
Any person aggrieved by the decision of the enforcement officer may
request and shall then be granted a hearing before the Commissioners,
provided he files with the Commissioners within 10 days after notice
of the enforcement officer's decision, a written petition requesting
such hearing and setting forth a brief statement of the grounds therefor.
The hearing shall commence not later than 30 days after the date on
which the petition was filed unless postponed for sufficient cause.
B.
After such hearing, the Commissioners shall sustain, modify or overrule
the action of the enforcement officer.
[Amended 8-14-1989 by Ord. No. 16-1989]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 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 article continues shall constitute a separate offense.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
article.
The remedies provided herein for the enforcement of this article
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 Commissioners.
