[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown 1-19-2010 by Ord. No. 744. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any assembly of materials constructed to hold materials,
goods and/or products for safekeeping contained in any and all temporary
storage containers not permanently attached to the ground. Portable
storage containers shall include any and all containers that are referred
to as "PODS®." Portable storage containers shall also include
all garbage disposal containers kept on public or private property
to collect nonresidential waste, including construction and demolition
waste and garbage to be removed by a private waste hauler. Portable
storage containers shall not include garbage disposal containers which
are kept on the property to collect residential and household waste
and garbage to be removed by the Borough or private waste hauler.
A function involving the collection or deposition of materials,
goods and/or products for safekeeping or disposal.
Any Borough property owner who desires to store a portable storage
container on public or private property in accordance with the terms
and conditions of this chapter must submit a permit application to
the Borough Code Enforcement Officer or the designee of the Borough
Code Enforcement Officer. A portable storage container permit shall
be secured from the Borough Code Enforcement Officer prior to placing
the portable storage container on public or private property. The
Borough Code Enforcement Officer shall require that the permit application
for a portable storage container shall contain all information necessary
to enable the Code Enforcement Officer to ascertain whether the proposed
portable storage container complies with the provisions of this chapter
and is located and marked in a manner to preserve the public safety.
The permit request shall be granted or denied within five days' receipt
of the written application. The fee to be paid for the portable storage
container permit shall be $75 for each time a permit or a renewal
thereof is applied for. If a permit is granted, the portable storage
container shall be stored on public or private property for a period
defined in the portable storage container permit at a location acceptable
to the Borough Code Enforcement Officer. In the event that the Borough
Code Enforcement Officer shall determine, in his or her sole and absolute
discretion, that said portable storage containers must be on public
property, the Borough Code Enforcement Officer shall require the property
owner to implement all necessary safety precautions that the Borough
Code Enforcement Officer shall, in his or her sole and absolute discretion,
deem necessary to protect the interests of the public.
A.
Failure to obtain a permit. A failure by any Borough property owner to submit a permit application to the Borough Code Enforcement Officer and/or a failure to obtain an approved permit from the Borough Code Enforcement Officer or the designee of the Borough Code Enforcement Officer is a violation of this chapter. In the event a portable storage container is placed on private or public property without first obtaining a permit, the property owner shall be cited and be subject to the penalty provisions set forth in § 372-5. In addition, the Borough Code Enforcement Officer or the designee is hereby authorized to require the property owner to immediately remove the portable storage container. The Code Enforcement Officer is also authorized to immediately remove the storage container pursuant to § 372-5 of the chapter.
B.
Exceeding permit time limitation. It shall be deemed a violation
of this chapter for the owner of any property or premises to store
in the open any portable storage container for the purpose of depositing
materials, goods and/or products of the property owner for safekeeping
for a period in excess of the time limit set forth in the portable
storage container permit unless a permit extension is obtained from
the Code Enforcement Officer. Portable storage containers placed on
public or private property to collect nonresidential waste, including
construction and demolition waste and garbage to be removed by a private
waste hauler, shall be permitted for the duration described in the
permit and must be located and marked for safety in accordance with
the permit conditions.
C.
Violation of permit and/or ordinance conditions. When a Code Enforcement Officer or his or her designee shall determine that a portable storage container, as defined in § 372-1, is being maintained on public or private property in violation of the permit and/or any provision set forth in this chapter, said Code Enforcement Officer or the respective Code Enforcement Officer's designee shall notify the owner of the subject property according to § 372-4 of this chapter, directing the owner to correct the violation and come into full compliance with the terms of the permit and/or any condition of the chapter within five days of receipt of notification that the portable storage container has remained on public or private property in excess of the duration in the permit or in violation of any provision of the permit and/or chapter.
D.
Dangerous condition. When a Code Enforcement Officer or his or her designee shall determine that a portable storage container, as defined in § 372-1, is being maintained in such a way as to endanger the health, safety and welfare of the general public, the Code Enforcement Officer or his or her designee is hereby authorized to notify the property owner according to § 372-4 to immediately remove the portable storage container from public or private property as set forth in the permit. The Code Enforcement Officer or his or her designee shall also be permitted to immediately remove the portable storage container, as set forth in § 372-5, and provide the property owner with a notice of removal, as set forth in § 372-4, and to seek any remedies provided therein for a violation of this chapter.
Whenever a condition constituting a violation of this chapter
occurs or is maintained, the Borough shall cause written notice to
be served upon the owner in one of the following manners:
A.
By making personal delivery of the notice to owners;
B.
By handing a copy of the notice at the residence of the owner to
an adult member of the family with which he resides, but if no adult
member of the family is found, then to an adult person in charge of
such residence;
C.
By fixing a copy of the notice to the door at the entrance of the
premises in violation; or
D.
By mailing a copy of the notice to the last known address of the
owner by certified mail.
This chapter shall be enforced pursuant to 53 P.S. § 46202.
A.
Enforcement thereof shall be by an action before a Magisterial District
Judge in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure. The Borough Solicitor
may assume charge of the prosecution without the consent of the District
Attorney as required under Pa.R.Crim.P. No. 83(c) (relating to trial
and summary cases). The Borough Council hereby sets a criminal fine
in the amount not to exceed $300 per violation and the costs of prosecution
and, in default of payment of such fine and costs of prosecution,
to undergo imprisonment of not more than 10 days; provided, further,
that each day's continuance of a violation shall constitute a
separate event.
B.
The Borough Council may direct the removal of the portable storage
container, as the case may be, and to certify the costs thereof to
the Borough Solicitor. The Borough shall send notice of the cost to
the property owner, who shall pay said invoice within 10 days of receipt.
In the event of failure to pay, pursuit to 53 P.S. § 48401
the cost of such removal, repair or alterations shall be a lien upon
such premises from the time of such removal, which date shall be determined
by the certificate of the person doing such work filed with the Borough.
The Borough shall also have the right, pursuant to 53 P.S. § 48401,
to pursue any other civil and/or equitable remedies permitted by law
to obtain repayment of any and all costs incurred in enforcing the
chapter.
