[HISTORY: Adopted by the Borough Council of the Borough of
Lehighton as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 58.
Building construction — See Ch. 61.
Numbering of buildings — See Ch. 65.
Uniform Construction Code — See Ch. 78.
Electrical service — See Ch. 92.
Excavations, grading and fills — See Ch. 98.
Fire prevention — See Ch. 109.
Garbage, rubbish and refuse — See Ch. 118.
Nuisances — See Ch. 152.
Plumbing — See Ch. 165.
Trees — See Ch. 205.
[Adopted 12-20-2010 by Ord. No. 591-2010.[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 171,
Property Maintenance, adopted 4-26-2004 by Ord. No. 528-2004.
A certain document, three copies of which are on file in the office of the Borough Secretary of the Borough of Lehighton, being marked and designated as the International Property Maintenance Code, 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Lehighton, in the State 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 that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit 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 Borough Secretary of the Borough of Lehighton are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 171-2 of this article.
The following sections are hereby revised:
A.
In Section 101.1, insert "the Borough of Lehighton" for [NAME OF
JURISDICTION].
B.
Section 103.5 is deleted.
C.
Section 106.3 is deleted in its entirety and replaced with the following:
|
106.3. Prosecution of violation. Any person failing
to comply with a notice of violation or order served in accordance
with Section 107 shall be deemed guilty of a summary offense and be
subject to the penalties delineated in Section 106.4. In addition,
if the notice of violation is not complied with, the code official
shall institute the appropriate proceeding at law or in equity to
restrain, correct or abate such violation, or to require the removal
or termination of the unlawful occupancy of the structure in violation
of the provisions of this Code or of the order or direction made pursuant
thereto.
|
D.
The language in Section 106.4 is deleted in its entirety and replaced
with the following:
|
106.4. Penalty. Any person who shall violate a
provision of this Code shall, upon conviction thereof, be subject
to a fine of not less than $100 nor more than $1,000 or imprisonment
for a term not to exceed 30 days, or both, at the discretion of the
court. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
|
E.
The language in Section 111.2 is deleted in its entirety and replaced
with the following:
|
Section 111.2. Membership of the Board. The Board
of Appeals shall consist of five members who are residents of the
Borough of Lehighton. Each member of the Board of Appeals shall be
appointed by the Borough Council of the Borough of Lehighton and shall
serve a five-year term.
|
|
(Subsections 111.2.1 through 111.2.5, inclusive, are not affected
and shall remain in full force and effect.)
|
F.
In Section 112.4, insert "not less than $100 or more than $1,000."
G.
In Section 302.4, insert "6".
H.
In Section 304.14, insert "May 15" for [DATE] on the first line and
insert "September 30" for [DATE] on the second line.
I.
In Section 602.3, insert "September 1" for the first [DATE] and insert
"May 1" for the second [DATE].
J.
In Section 602.4, insert "September 1" for the first [DATE] and insert
"May 1" for the second [DATE].
K.
A new Section 302.10 shall be added to the code, which will read
as follows:
[Added 11-21-2011 by Res. No. R-016-2011]
|
302.10 Furniture. Other than furniture contained
within a structure, use or storage of furniture which is not designed
or constructed for exterior use is prohibited in and on exterior property
areas. Such prohibited furniture shall include, but is not limited
to, upholstered couches and chairs or other fabric-covered articles
not designed or intended for exterior use.
|
Nothing in this article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 171-2 of this article; nor shall any just or legal rights or remedy of any character be lost, impaired or affected by this article.
[Adopted 5-19-2014 by Ord. No. 612-2014]
Lack of maintenance of properties, improper storage of trash
and rubbish, storage of inoperable/nonregistered vehicles, and accumulation
of snow and ice are costly problems that contribute to the deterioration
of property values and general disorder in a community. These problems
degrade the physical appearance of the Borough, which reduces business
and tax revenue, inhibiting economic development. The quality of life
and community pride of the citizens of Lehighton are negatively impacted
by the occurrences and existence of these activities. Recognizing
these are community problems, the purpose of this article is to promote
the health, safety and general welfare of the Borough by helping to
create a clean environment for the citizens of Lehighton.
The following words, terms, and phrases, when used in this article,
shall be defined as follows, unless context clearly indicates otherwise:
The animal or vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
Any waste material or a combination of solid, liquid, semisolid,
or contained gaseous material that because of its quantity, concentration,
physical, chemical, or infectious characteristics may:
Waste which would be chemically or physically classified
as a hazardous waste, but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection, and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations. Such HHW materials meet one of the
following four classifications: toxic, flammable, reactive, or corrosive.
HHW consists of numerous products that are common to the average household
such as: pesticides and herbicides, cleaners, automotive products,
paints, and acids.
Any and all pieces of furniture which are made for only inside
use including, but not limited to, upholstered chairs and sofas, etc.
Any vehicle which presents a hazard or danger to the public
or is a public nuisance by virtue of its state or condition of disrepair.
The following conditions, if present, are examples of a state
or condition of disrepair:
Rusted and/or jagged metal on or protruding from the body of
the vehicle.
Broken glass or windows on or in the vehicle.
Leaking of any fluids from the vehicle or deflated or flat tire(s).
Unsecured and/or unlocked doors, hood, or trunk.
Storage or placement of the vehicle in an unbalanced condition,
on concrete blocks, or other similar apparatus.
Harboring of rodents, insects, or other pests.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also the definition
of "motor vehicle nuisance."
Includes, but is not limited to, all waste material, garbage,
trash, i.e. waste paper, tobacco products, wrappers, food or beverage
containers, newspapers, etc., municipal waste, human waste, domestic
animal waste, furniture or motor vehicle seats, vehicle parts, automotive
products, shopping carts, construction or demolition material, recyclable
material, and dirt, mud and yard waste that has been abandoned or
improperly discarded, deposited, or disposed.
Any person residing or working within the Borough of Lehighton
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
A vendor or seller of food and/or goods from a vehicle or
other conveyance upon the public streets or alleys of the Borough
that does not typically remain stationary for more than approximately
10 minutes each hour.
Any type of mechanical device, capable or at one time capable
of being propelled by a motor, in which persons or property may be
transported upon public streets or highways, and including trailers
or semitrailers pulled thereby.
A motor vehicle with one or more of the following defects:
Broken windshields, mirrors, or other glass, with sharp edges.
Broken headlamps, tail lamps, bumpers, or grills with sharp
edges.
Any body parts, truck, firewall, or floorboards with sharp edges
or large holes resulting from rust.
Protruding sharp objects from the chassis.
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
Any vehicle suspended by blocks, jacks, or other such materials
in a location which may pose a danger to the public, property owners,
visitors, or residents of the property on which said vehicle is found.
Any excessive fluids leaking from vehicle which may be harmful
to the public or the environment.
Disassembled body or chassis parts stored in on or about the
vehicle.
Vehicles that do not display a current valid license and registration.
Such other defects which the Fire Department determines to be
a danger to the general public or property.
Motor vehicles parked, drifted, or otherwise located which may
interfere with flow of pedestrian or automobile traffic or impede
emergency efforts.
Any garbage, refuse, industrial, lunchroom, or office waste,
and other material including solid, liquid, semisolid, or contained
gaseous material resulting from operation or residential, municipal,
commercial, or institutional establishments or from community activities,
and which is not classified as residual waste or hazardous waste as
defined herein. The term does not include source separated recyclable
materials or organic waste.
A written document issued to a person in violation of a Borough
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the Borough, or causes a blighting effect in Borough neighborhoods.
See also the definition of "public nuisance."
A person, agent, operator, firm or corporation having a legal
or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property including the
principals of a limited liability company or officer, director or
shareholder of a corporation if that individual is responsible for
the management and control of the property; including the guardian
of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property be a court.
Every natural person, firm, corporation, partnership, association,
or institution.
Any land and the improvements thereon owned by any person
and includes front, side, and rear yards; vacant lots, buildings,
and other structural improvements; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial, or commercial purposes, whether inhabited, temporary,
continuously uninhabited, or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox belonging to or
appurtenant to such dwelling, house, building, or other structure.
Any conditions or premises which are unsafe or unsanitary.
Any police officer, authorized inspector, or public official
designated by the Borough to enforce the Borough ordinances.
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
Any discarded material or other waste including solid, semisolid,
or contained gaseous materials resulting from construction, industrial,
mining, and agricultural operations, excluding municipal water and
sewer operations.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery, and dust and other
similar materials.
The public right-of-way between the property line and the
curb line or the established edge of the roadway.
Any waste including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
Any planting that is cultivated and managed for edible or
ornamental purposes such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
A form issued by a police officer or public officer to a
person who violates a provision of this article. The violation ticket
is an offer by the Borough of Lehighton extended to a person to settle
a violation by paying the fine in lieu of a citation being issued
against the violator.
All grasses, annual plants, and vegetation, which meet any of
the following criteria:
Exceed 12 inches in height.
Exhale unpleasant, noxious odors or pollen, such as ragweed,
dandelion, and miscellaneous other vegetation commonly referred to
as weeds or brush.
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
May cause a public nuisance.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes such as vegetable gardens, trees,
shrubs, flowers, etc.
An open space on the same lot with a structure.
A person, owner, or responsible person commits a quality-of-life
violation by any of the following:
A.
Accumulation of rubbish or garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of waste, trash, rubbish, or garbage.
B.
Animal maintenance and waste/feces cleanup. People owning, harboring,
or keeping an animal within the Borough of Lehighton shall not permit
any waste matter/feces from the animal to collect and remain on the
property so as to cause or create an unhealthy, unsanitary, dangerous,
or offensive living condition. All waste from animals must be cleaned
up on a daily basis.
C.
High weeds, grass or plant growth. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of 12
inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants, and vegetation. Cultivated flowers,
gardens, trees, and shrubs shall not be included as a violation of
this article.
D.
Motor vehicles. It shall be unlawful to store, park, or place any
unregistered, uninspected, inoperative, unlicensed, or nuisance motor
vehicle on any premises. 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.
E.
Outside placement of indoor appliances/furniture. It is prohibited
to store or place any/all appliances or furniture including, but not
limited to, ranges, refrigerators, air conditioners, ovens, washers,
dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior
chairs, or interior tables on the exterior of any property for the
purpose of sale or any other reason, except for the temporary purpose
to perform maintenance on said property.
F.
Snow and ice removal from the sidewalks. Every owner, tenant, occupant,
lessee, property agent, or any other person who is responsible for
any property within the Borough of Lehighton, is required to remove
any snow or ice from their sidewalk within 48 hours of the cessation
of said snow and ice falling. Furthermore, they must create a path,
free from any snow or ice, of three feet on said sidewalk. Should
any property be a place of business within the Borough of Lehighton,
all snow and ice must be removed within four hours of the cessation
of said snow and ice falling. Any property that has deemed a business
must have the entire sidewalk free from any snow and ice. If and/or
when the snow and/or ice cessation happens during the hours of darkness,
the time limit of removal of all snow and ice begins at daybreak.
[Amended 10-27-2014 by Ord. No. 617-2014]
G.
Storage containers for waste or trash. The owner of every premises
shall supply approved containers for waste/trash, as well as be responsible
for the removal of rubbish. All containers that store waste or trash
shall be durable, watertight, and made of metal or plastic. Containers
must have tight-fitting covers, and must be kept clean and odor free
at all times. All containers must be stored at a location on the owner's
property not within the public right-of-way or readily visible from
the public right-of-way. Waste/trash containers may only be placed
in front of any property within 24 hours before the day of the scheduled
waste/trash pickup day. Once the licensed hauler removes the waste/trash
from any property, all containers must be stored so they are not on
the public right-of-way or readily visible from the public right-of-way
within 24 hours after pick-up.
Upon finding a quality-of-life violation, any Public Officer
of the Borough of Lehighton may issue quality-of-life violation tickets
to the owner and/or occupant of the property at issue or to the individual(s)
known to have violated this article.
A violation ticket shall be served upon a violator by handing
it to the violator, by handing it at the residence of the person to
be served to an adult member of the household or other person in charge
of the residence, by leaving or affixing the notice or violation ticket
to the property where the violation exists, by handing it at any office
or usual place of business of the violator, to his/her agent or to
the person for the time being in charge thereof, or by mailing the
notice to the violator's address of record.
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
A.
Any person or business violating this article is hereby directed
to satisfy the Borough of Lehighton and its citizens, upon issuance
of a quality-of-life ticket, by correcting the violation in question.
A public officer is authorized and empowered to cause a violation
to be corrected. The cost shall be determined by the Borough Code
Enforcement Officer in order that the Borough shall be compensated
for both direct and indirect costs and expenses incurred.
B.
The Borough of Lehighton and/or its contractor, per the direction
of the Borough, reserves the right to abate the violation in question
at the expense of the owner. If the Borough has effected the abatement
of the violation, the cost thereof may be charged to the owner of
the property, tenant, or offending party. A bill/invoice will be generated
to the violator for payment separate from the quality-of-life ticket,
which will also be paid separately.
C.
In all instances where the Borough abates the violation, in addition
to the fine set forth in the quality-of-life ticket, the Borough is
authorized to recover from the offending party, the owner of the property,
or tenant the abatement charges and such other charges established
by the Code Enforcement Officer and the rules and regulations.
D.
Borough of Lehighton cleanup. The Borough reserves the right to perform
any necessary work to abate any violation once 72 hours passes from
the date of issuance of the quality-of-life ticket. Should the violation
at the discretion of the Code Enforcement Officer present imminent
danger and/or pose a health hazard and/or risk, the Borough reserves
the right to perform the abatement immediately. The Borough will perform
this work at a rate of $60 per hour, per man, and forward the cost
of any material necessary for the abatement. The Borough reserves
the right to charge an additional 20% on all material purchases to
cover all miscellaneous expenses, such as wear and tear on equipment.
E.
Contractor cleanup. The Borough reserves the right to direct a contractor
to perform the abatement of the violation in question once 72 hours
passes from the date of issuance of the quality-of-life ticket. Should
the violation present imminent danger and/or pose a health hazard
and/or risk, the Borough reserves the right to direct the contractor
to perform the abatement immediately. The contractor will submit a
bill for their work to the Borough of Lehighton, and the Borough will
forward these costs to the violator. The Borough reserves the right
to add a processing fee of 30% in addition to the cost of the contractor.
A.
For the first violation of this article within a twelve-month period,
violation tickets shall be issued in the amounts of $25, as set forth
in the chart below.
B.
For the second offense of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amounts of $50, as
set forth in the chart below.
C.
For the third offense of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amounts of $100,
as set forth in the chart below.
D.
For each offense subsequent to three offenses of this article within
a twelve-month period, amounts of violation tickets shall increase
in the amount of $100, accumulative for each subsequent offense.
E.
Any persons who receive a violation ticket for any violation of this
article may, within 15 days, admit the violation, waive a hearing,
and pay the fine in full satisfaction.
F.
Any person who violates this article shall pay a fine as set forth
herein for each offense, plus all direct and indirect costs incurred
by the Borough for the cleanup and abatement of the violation.
|
Violation
|
Description
|
Fine 1
|
Fine 2
|
Fine 3+
|
|---|---|---|---|---|
|
QOL-001
|
Accumulation of rubbish or garbage
|
$25
|
$50
|
$100
|
|
QOL-002
|
Animal maintenance and waste/feces cleanup
|
$25
|
$50
|
$100
|
|
QOL-003
|
High weeds, grass or plant growth
|
$25
|
$50
|
$100
|
|
QOL-004
|
Motor vehicles
|
$25
|
$50
|
$100
|
|
QOL-005
|
Outside placement of indoor appliances/ furniture
|
$25
|
$50
|
$100
|
|
QOL-006
|
Snow and ice removal from sidewalks
|
$25
|
$50
|
$100
|
|
QOL-007
|
Storing containers for waste or trash
|
$25
|
$50
|
$100
|
A.
If the person in receipt of a violation ticket for $25 does not pay
the fine or request a hearing within 15 days, the person will be subject
to a penalty of $10 for days 16 through 30.
B.
If the person in receipt of a violation ticket for $50 does not pay
the fine or request a hearing within 15 days, the person will be subject
to a penalty of $25 for days 16 through 30.
C.
If the person in receipt of a violation ticket for $100 or higher
does not pay the fine or request a hearing within 10 days, the person
will be subject to a penalty of $50 for days 16 through 30.
D.
Failure of the person to make payment or request a hearing within
30 days of a violation ticket shall make the person subject to a citation
for failure to pay.
E.
If violations are continuous or egregious, Code Officials have the
right to issue citations without first issuing tickets, provided that
notice has been given. Upon issuance of four tickets for the same
violation, right is reserved for the Code Officials to issue citation
for the fifth and subsequent offenses.
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this article,
or of any regulation or requirement pursuant hereto and authorized
hereby, shall, upon conviction, be ordered to pay a fine of not less
than $100, and not more than $1,000 for each offense, the costs of
prosecution including restitution of the fees of the Code Official,
or imprisoned no more than 90 days, or both.
The Magisterial District Judge may order the violator to make
restitution to said real or personal property owner and to the Borough
of Lehighton for the costs of prosecution including the fees of the
Code Official.
At the discretion of the Borough of Lehighton, all tickets for
which payment is not received within 45 days of issuance of a ticket
for which an appeal is not taken, and 45 days from denial of appeal
and monies paid by the Borough of Lehighton for abatement of a violation
not paid within 45 days of billing, may be turned over by the Borough
to a collection agency for receipt.
At the discretion of the Borough of Lehighton, liens may be
placed upon a property against which tickets were issued for which
payment is not received within 45 days of issuance of a ticket for
which an appeal is not taken, and 45 days from denial of appeal and
monies paid by the Borough of Lehighton for abatement of a violation
and not paid within 45 days of billing.
The penalty lien and collection provisions of this article shall
be independent, non-mutually exclusive, separate remedies, all of
which shall be available to the Borough of Lehighton as may be deemed
appropriate for carrying out the purposes of this article. The remedies
and procedures provided in this article for violation hereof are not
intended to supplant or replace to any degree the remedies and procedures
available to the Borough in the case of a violation of any other Borough
of Lehighton code or codified ordinances, whether or not such other
code or ordinance is referenced in this article, and whether or not
an ongoing violation of such other code or ordinance is cited as the
underlying ground for a finding of a violation of this article.
