City of Warren, PA Chapter 360 Property Maintenance

[HISTORY: Adopted by the City Council of the City of Warren 6-20-2016 by Ord. No. 1870.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 195.

Property nuisances — See Ch. 317, Art. I.

Refuse and recycling — See Ch. 399.

[1] Editor’s Note: This ordinance also repealed former Ch. 360, Property Maintenance, adopted 3-21-2016 by Ord. No. 1866, as amended.

§ 360-1 Repealer.

A. Ordinance No. 1735, of the City of Warren, as amended by Ordinance No. 1828, and other ordinances or parts of ordinances that may be in conflict herewith, are hereby repealed in their entirety.

B. Ordinance No. 1366 as amended by Ordinance No. 1622 are hereby repealed in their entirety.

C. Ordinances Nos. 1736 and 1771, and other ordinances or parts of ordinances that may be in conflict herewith, are hereby repealed in their entirety.

D. Ordinance No. 1866 is hereby repealed in its entirety.

§ 360-2 Adoption of standards.

That a certain document, three copies of which are on file in the office of the City Manager of the City of Warren, being marked and designated as the International Property Maintenance Code, 2012 Edition, as published by the International Code Council (and also accessible at www.iccsafe.org), be and hereby is adopted as the Property Maintenance Code for the City of Warren, in the Commonwealth of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure structures are safe, sanitary and fit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City Manager are hereby referred to, adopted and made a part hereof, as if fully set forth in this chapter, with the additions, insertions, deletions and changes, if any, prescribed below.

§ 360-3 Revisions.

The following sections are hereby revised:

A. Section 101.1: Insert [The City of Warren].

B. Section 106.2: Add: A citation without prior notice of violation may be served upon the same property owner for the same property where a notice of the same violation was served within the immediately prior twenty-four-month period.

C. Section 103.5: Insert [as provided for in the most recent fee resolution adopted by Council].

D. Section 106.3: Delete "misdemeanor or civil infraction as determined by the local municipality" and replace with "summary offense."

E. Section 106.4: Replace with: Any person who shall violate a provision of this code, fail to comply herewith, or with any of the requirements hereof, shall be issued a citation in a form acceptable to the Magistrate Judge. Each offense shall be deemed a summary offense subject to a fine of not less than $600 nor more than $1,000 for each day that a violation continues. Each day following the passage of seven days from the date of the original citation shall constitute a separate violation. Any costs incurred in the enforcement of this chapter shall also be sought. Failure to pay penalties, fines, and costs shall cause the City of Warren to file a municipal lien against the property at the Warren County Courthouse or to take such other action as may be authorized by law.

F. Section 112.4: Insert [not less than $600 nor more than $1,000], then add:

Failure to comply with the provisions of such order will result in the issuance of a citation in a form acceptable to the Magistrate Judge. Each offense shall be deemed a summary offense subject to a fine of not less than $600 nor more than $1,000 for each day that a violation continues. Each day following the passage of seven days from the date of the original citation shall constitute a separate violation. Any costs incurred in the enforcement of this chapter shall also be sought. Failure to pay penalties, fines, and costs shall cause the City of Warren to file a municipal lien against the property at the Warren County Courthouse or to take such other action as may be authorized by law.

G. Section 202: Insert the definitions of:

[Amended 6-18-2018 by Ord. No. 1908]

CLUTTER

Items other than garbage or rubbish that would be considered unsightly by reasonable living standards. This includes, but is not limited to, construction materials not associated with a current building project, motor vehicle parts and seats, appliances, electronics, shopping carts, indoor furniture, recyclable materials, dirt, mud, and yard waste that has been abandoned or improperly discarded, deposited, or disposed of.

NUISANCE MOTOR VEHICLE

A motor vehicle with one or more of the following defects:

(1) Broken windshield, mirrors, or other glass with exposed edges.

(2) Broken headlamp(s), taillamp(s), bumper(s), or grill with sharp edges.

(3) Any body part, firewall, or floorboard with sharp edges or large holes.

(4) Missing door(s), window(s), hood, trunk, hatch, open tire(s) or tube(s), or other body parts that could permit animal or insect harborage.

(5) Any vehicle elevated by blocks, jacks, or other such apparatus in a location which may pose a danger to the public, property owners, visitors, or residents of the property on which said vehicle is located.

(6) Any fluids leaking from the vehicle which may be harmful to the public or the environment.

(7) Disassembled body or chassis parts stored in, on, or about the vehicle.

(8) Does not have a valid registration.

(9) Does not have a valid inspection sticker.

(10) Such other defects which the Code Enforcement Officer determines to be a danger to the general public or the property.

(11) Parked, drifted, or otherwise located which may interfere with the flow of pedestrian or motor vehicle traffic or impede emergency efforts.

H. Section 202: Add "excessive animal feces" to the definition of "rubbish."

I. Section 302.4 Weeds: Insert [eight inches].

J. Section 302.8, Motor vehicles, of the IPMC is hereby amended to read as follows:

[Added 6-18-2018 by Ord. No. 1908]

Except as provided for in other regulations, no inoperative, unlicensed, or nuisance motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
	Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.

K. Section 304.3 following Buildings, in the first line of the paragraph: Add "which include all principal buildings, including, but not limited to, single- and multiple-family dwellings and places of business, but shall not include accessory buildings on the same lot that are occupied by the same person as the principal building on such lot."

L. Section 304.14: Insert [April 1 to October 31].

M. Section 308: Change caption to read "Rubbish, Garbage and Clutter."

N. Add Section 308.4: All exterior property and premises shall be free from the accumulation of clutter.

O. Section 602.3: Insert [October 1 to May 15].

P. Section 602.4: Insert [October 1 to May 15].

§ 360-4 Additions.

The following sections are hereby added:

A. Section 106.6. The City of Warren may abate any violation, at its discretion, and shall demand payment from the responsible party for all costs incurred in the abatement of the violation. If all costs are not paid within 14 days of demand, the City of Warren may seek payment of costs, fines and penalties through the court system and/or may file a municipal lien against the property at the Warren County Courthouse.

B. Section 108.8. The City of Warren may abate any unsafe condition, at its discretion, and shall demand payment from the responsible party for all costs incurred in the abatement of such condition. If all costs are not paid within 14 days of demand, the City of Warren may seek payment of costs, fines and penalties through the court system and/or may file a municipal lien against the property at the Warren County Courthouse.

C. Section 302.8.1. Front Yard Parking. Parking or storage of vehicles (as defined by the Pennsylvania Motor Vehicle Code), in the front yard of a property (as defined by the City of Warren Zoning Ordinance), is prohibited. This is to include recreational equipment, including, but not limited to, recreational vehicles, motor homes, campers, watercraft, including boats, personal watercraft, canoes, and kayaks, and off-road vehicles, including three- and four-wheeled all-terrain vehicles, snowmobiles, etc., utility trailers or equipment.

D. Appendix A of the International Property Maintenance Code of 2012.

§ 360-5 Severability.

If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, determined to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City of Warren hereby declares that it would have adopted this chapter, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional.

§ 360-6 Effect on pending actions.

Nothing in this chapter or the International Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or rights acquired, or liability incurred, or any cause(s) of action acquired or existing, under any act or ordinance hereby repealed as cited in § 360-1A and B of this chapter, nor shall any right or remedy of any kind or nature be lost, impaired or affected by this chapter.