[HISTORY: Adopted by the Mayor and Council of the City of Washington as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-20-1998 by Ord. No. 1594 (Ch. 20, Part 5, of the 1986 Code of Ordinances)]
No person shall be permitted to use, operate or cause to exist within the City of Washington any dumpster, unless said dumpster is used for the accumulation of solid waste pursuant to this article or which use is consistent with the terms of this article and approved by the City.
It shall be unlawful for any person to utilize or cause to exist or remain within the City of Washington any dumpster not utilized for the collection of solid waste, as provided for in this article, unless the use of the dumpster has been approved by the Director of Code Enforcement for the City of Washington. In the event that the use of such dumpster, for a temporary period, is approved by the Director of Code Enforcement, then the owner or occupant of the real property within the City or otherwise the individual utilizing said dumpster shall place said dumpster in a location approved by the Director of Code Enforcement. The persons or entities obtaining and utilizing said dumpster shall use all reasonable efforts to ensure that the said dumpster is utilized in a safe and sanitary manner and does not create any health risk or safety risk to residents of the City of Washington. Wherever practicable, said dumpsters shall be located in the rear of properties and shall not be placed in City streets thereby blocking parking spaces utilized by residents of the City of Washington and so as to maintain the aesthetic quality of the neighborhood wherein the dumpster is being utilized.
The Director of Code Enforcement for the City of Washington is permitted to authorize the use of said temporary dumpsters for a period up to 30 days. The Director of Code Enforcement is authorized to permit the use of said dumpsters and to issue any permits or other documentation as determined appropriate by the Code Enforcement Officer. Thereupon, at the expiration of the term approved for utilizing said dumpster, the individual utilizing said dumpster, the person obtaining said dumpster or the owner of the property upon which the dumpster is being used shall cause the same to be removed and shall cause the site where the dumpster was positioned to be clean and sanitary in all respects.
The Director of Code Enforcement shall be permitted, at the sole discretion of the Director, to renew said authorization for additional periods of 30 days, in the event the same is necessary to timely complete the project for which the dumpster is being utilized.
It shall be unlawful for any person to cause to exist or remain any dumpster in any area not specifically approved by the Director of Code Enforcement or to remain after the time period authorizing the use of the dumpster has expired.
[Amended 12-7-2006 by Ord. No. 1766]
Any individual, person, firm, corporation or other entity who shall violate any provision of this article shall, upon being held liable in any civil proceeding or upon conviction thereof, be sentenced to pay a penalty, fine or charge of no less than $100 nor more than the maximum amount permitted by law, but not to exceed $1,000, and in default of payment or any failure to pay any fine or penalty, upon a summary or other criminal conviction, shall be sentenced to imprisonment for a period not to exceed 30 days, or both.
Each day that a violation of this article shall continue shall constitute a separate offense, subject to the fines, costs, penalties and charges set forth above for each offense.
Nothing herein shall limit, prevent or preclude the City of Washington from taking any and all legal action or exercising any other remedy available to the City by law, including but not limited to the initiation of civil or criminal proceedings or injunctive relief, in order to enforce or ensure compliance with this article. As an additional remedy, the City of Washington may abate any nuisance, dangerous or hazardous condition by any means permitted by law, which shall include but not be limited to an action in the Court of Common Pleas of Washington County, Pennsylvania, for injunctive relief; the use of any City of Washington personnel, equipment and materials or that of an authorized agent or contractor hired by the City to remove or abate any nuisance, dangerous or hazardous condition, and with all costs thereof or related thereto to be charged against the property owner(s) and/or person or entity who has violated the article or portion thereof; said costs shall include all actual costs and expenses, including all costs of collection and reasonable administrative costs of the City, incurred in enforcing the provisions of the article.
[Adopted 3-8-2007 by Ord. No. 1770]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- Owner, for the purpose of this article, when the lessor holds the lessee responsible for maintenance and repairs.
- Any condition, structure or improvement which shall constitute a danger or potential danger to the health, safety or welfare of the citizens of the City of Washington, which shall include the placement of any storage unit on any street, sidewalk or public place or way.
- The actual owner, agent or custodian of the property on which said structure is stored, whether individual or partnership, association or corporation.
- A natural person, firm, partnership, association, corporation, or other legal entity.
- STORAGE UNIT
- Any type of structure used to or designed for the purpose of storing personal property, including, but not limited to, storage sheds, storage units, PODS®, or other similar structures.
In this article, the singular shall include the plural; the plural shall include the singular, and the masculine shall include the feminine and the neuter.
Unless specifically permitted, it shall be unlawful for any person, owner or lessee to maintain a storage unit upon any public property or upon the open private grounds of any person, owner or lessee within the City of Washington. It shall also be unlawful for any person who owns or occupies any real property to allow or permit any such storage unit to be placed or to remain upon his or her property unless specifically permitted here.
Any person or lessee who has one or more storage units or real estate upon which one or more storage units is caused or permitted to exist or remain, as defined in § 300-8 above, may store such unit(s) in the City only in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply for a permit for either temporary or permanent storage and pay a fee pursuant to this article or any subsequent resolution. The storage unit shall be erected as any other accessory structure or structures in accordance with the Code of the City.
The Enforcement Officer of the City is hereby empowered to inspect private property on which storage units are stored to determine if there is compliance with the provisions of this article. 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, he shall issue a written notice, to be served by registered or certified mail upon the owner of said property and/or owner of the structure or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
Said notice shall specify the violation and/or 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 said notice, and thereafter to fully comply with the requirements of the notice within a reasonable time.
If the owner of ground on which storage units are stored does not comply with the notice to abate the nuisance within the time limit prescribed, the City shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus all costs of enforcement and collection. The City, 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.
In addition to the terms and provisions set forth herein, any person or entity desirous of placing a storage unit upon any property within the City of Washington shall first obtain a permit from the City Clerk or Code Enforcement Official of the City of Washington, complete any application and provide any and all information requested by the City, along with a payment of the permit fee in the sum of $50 for each storage unit. The City of Washington may modify the permit fee by resolution hereafter.
In addition, notwithstanding any other term or provision hereof, no person or entity shall cause or permit any such storage unit upon any street, sidewalk or other public property or public way within the City.
Any person aggrieved by the decision of the Enforcement officer may request and shall then be granted a hearing before the City, provided he files with the City Clerk 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 by the City for sufficient cause.
After such hearing, the City Council shall sustain, modify or overrule the action of the Enforcement Officer.
Any person who shall violate this article shall, upon conviction thereof, be sentenced to pay a fine not less than $100 and not more than $1,000 and, in default of payment undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
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 City of Washington.