[HISTORY: Adopted by the Board of Supervisors of the Township
of Easttown 12-15-2014 by Ord. No. 424-14. Amendments noted where
applicable.]
This chapter shall be known as the "Easttown Township Property
Maintenance Code."
The purposes of this chapter are to establish minimum standards
of property maintenance to: (1) protect, preserve and promote the
safety, physical and mental health and social well-being of the citizens
of Easttown Township and the general public; and (2) to reduce environmental
hazards to health. Further purposes of this chapter are to establish
the responsibilities of owners and occupants for compliance with the
standards included herein, to make provision for administration and
enforcement and to fix penalties for violations thereof.
The provisions of this chapter shall apply uniformly to the
maintenance and use of all buildings, structures and premises, including
residential, commercial, office, industrial, and institutional uses.
The provisions shall apply uniformly to existing premises, buildings
and structures, irrespective of when or under what codes said buildings
were originally constructed, altered or repaired, and to all buildings
and structures hereafter constructed.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section. Words used in the present tense include the future, the singular
number includes the plural, and the plural the singular. Where terms
are not defined in this section but are defined in the Township Building
Code, they shall have the meanings ascribed to them as in the Building
Code. Where terms are not defined under the provisions of this chapter
or under the provisions of the Building Code, they shall have ascribed
to them their ordinarily accepted meanings or such as the context
herein may imply.
Relatively stable decomposed or decomposing organic matter.
The exterior condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay, resulting from neglect, inadequate maintenance
or excessive use.
Any premises or any part thereof, or any building or any
part thereof, which may be lawfully viewed by the public from a public
street, sidewalk or right-of-way.
The control and elimination of insects, rodents, vermin and
other pests.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food or other organic
materials.
The presence of insects, rodents, vermin or other pests on
the premises which constitutes a health hazard.
The carrying on, engaging in, committing or, when in possession
of control or responsibility, permitting any practice, act, trade,
manufacture, business or profession which is injurious or dangerous
to the health, safety, comfort or welfare of persons or damaging to
the property of others or which prevents the reasonable use or enjoyment
of the property of others by reason of, among other things, odor,
smoke, dust, gas, noise, dirt, vibration, or the emission of radioactivity
or electromagnetic waves.
Any person or entity who has charge, care or control of a
building premises or a part thereof, whether with or without the knowledge
and/or consent of the owner.
Open space on the premises outside of any building thereon.
Any person or entity who, alone or jointly or severally with
others, shall have legal or equitable title to any premises, with
or without accompanying actual possession thereof, or shall have charge,
care or control of any premises as owner or agent of the owner or
as executor, administrator, trustee, receiver or guardian of the estate
or as a mortgagee in possession, regardless of how such possession
was obtained. Any person or entity who is a lessee subletting or reassigning
any part or all of any premises shall have joint responsibility over
the portion of the premises sublet or assigned by said lessee.
A lot, plot or parcel of land, including the buildings or
structures thereon, which is subject to the provisions of this chapter.
Liable to undergo putrefaction; becoming rotten and foul-smelling.
All putrescible and nonputrescible solid waste (except body
wastes), including but not limited to glass, garbage, rubbish, ashes,
street cleanings, dead animals, uninspected or unregistered vehicles
and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Any rank vegetative growth, including, but not limited to,
poison ivy, jimsonweed, burdock, ragweed, thistle, nettle, sumac,
goldenrod, tall grasses in excess of 12 inches in height, cocklebur,
plants of obnoxious odors or any other plant or vegetation whatsoever
not edible or planted for ornamental or agricultural purposes. Weeds
shall not include trees, shrubs, crops, cultivated flowers or gardens.
A.
Outside premises. All outside premises, whether occupied or vacant,
shall be kept free of unsanitary conditions and of all nuisances and
any hazards to the safety of occupants, pedestrians and other persons
utilizing or exposed to the premises. Unsanitary conditions, nuisances
and hazards include, but are not limited to, the following for any
outside premises:
(1)
Vegetation, defined as:
(a)
Excessive weeds.
(b)
Hedges, trees, shrubs or other vegetation that obstruct the
approach sight distance of any highway, street, driveway, traffic
signal, traffic signal sign or crosswalk.
(c)
Dead and dying trees and limbs or other natural growth which,
by reason of rotting or deteriorating conditions or storm damage,
constitute a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such conditions.
(2)
Loose and overhanging objects and accumulations of ice and snow which
by reason of location above ground level constitute a danger of falling
on and causing injury or damage to persons or property in the vicinity
thereof.
(3)
Ground surface hazards or unsanitary conditions, including holes,
excavations, breaks, projections, obstructions, icy conditions, uncleared
snow and excretion of animals on paths, walks, driveways, parking
lots and parking areas, and other parts of the premises which are
accessible to and used by persons on the premises.
(4)
Recurring accumulations of stormwater. Adequate runoff drains shall
be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
(5)
Sources of infestation. All structures and outside premises shall
be kept free from insect infestation and rodent harborage.
(6)
All sidewalks, walkways, public driveways, parking spaces, and similar
areas shall be maintained free from conditions that are hazardous
to pedestrians, including but not limited to obstructions. Branches
or limbs that overhang such walkways shall be no less than seven feet
above the walkway below.
(7)
No uninspected or unregistered motor vehicle shall be stored on an
outside premises at any time in a state of major disassembly, disrepair,
or in the process of being stripped or dismantled for longer than
30 days. Inoperable vehicles may not be stored on an outside premises
for longer than 30 days.
(8)
All premises shall be kept free from an accumulation of garbage,
rubbish and refuse. The owner of every occupied premises shall supply
leakproof containers with tight-fitting covers for rubbish and garbage,
and the owner of the premises shall be responsible for the removal
of rubbish and garbage. Every occupant of a structure shall dispose
of all rubbish and garbage in a sanitary manner by placing such rubbish
in containers. Composting material placed in piles, ventilated bins
or pits shall not be considered garbage, rubbish or refuse, provided
the material is periodically turned or mixed. Refrigerators and similar
equipment not in operation shall not be discarded, abandoned or stored
on an outside premises without first removing the doors.
B.
Landscaping. Premises with landscaping and lawns, hedges, and bushes
shall be kept from becoming overgrown and unsightly where exposed
to public view, so that they do not constitute a blighting factor
to adjoining property.
C.
Exterior of buildings and structures. The following maintenance requirements
shall apply to the exterior of all buildings and structures, including
accessory buildings and structures:
(1)
The exterior of every structure or accessory structure shall be maintained
in a condition or state of repair which is free of broken or missing
glass, loose shingles, crumbling stone or brick, excessive peeling
paints, rotted wood or other condition indicative of deterioration
or inadequate maintenance to the end that the property itself may
be preserved in good condition, safety and fire hazards eliminated
and so rain, rodents, insects, vermin or other pests or animals likely
to cause deterioration shall be prevented from entering.
(2)
Exterior porches, landings, balconies, stairs, fire escapes, banisters,
railings and decorative features shall be kept structurally sound
and properly maintained.
(3)
Foundation walls, columns, posts, piers, chimneys, handrails, guards
and other structural members shall be kept structurally sound and
free from defects and damage.
(4)
Windows, exterior doors and basement egress shall be substantially
tight, within frames when closed, and kept in sound condition and
repair, without open cracks or holes.
(5)
Roofs and flashing shall be sound, tight, and not have defects that
admit rain. Roof drains, gutters and downspouts shall be maintained
in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance.
(6)
Swimming pools shall be maintained in good repair and in a sanitary
condition.
(7)
In the event that the exterior surface of any structure or building
on any public or private property has been defaced or damaged by a
marking, carving or graffiti, it shall be the responsibility of the
property owner to remove or repair any such marking, carving or graffiti.
D.
Additional maintenance of nonresidential uses. In addition to the maintenance requirements for outside premises and exterior structures of Subsections A through C above, the owner and/or the lessees, assignee or entity responsible by contract for maintenance of any nonresidential use shall be responsible for:
(1)
Full maintenance, repair and cleanliness of all roadways, parking
areas, lawns, landscaped areas, and buffer strips and other outside
premises, including the regular removal of garbage, rubbish and refuse
and mowing of lawn areas.
(2)
Repainting or remarking of traffic lines and lanes indicating parking
spaces, traffic flow, fire lanes, pedestrian walkways and other traffic
control designations, so as to be clear and conspicuous at all times.
(3)
The maintenance and replacement or repair of paving, bumper blocks,
guide rails and lighting installations in parking areas and entrances
thereto.
(4)
The maintenance of any fences along the perimeter of the premises.
(5)
The prompt removal or abatement of any nuisance and any hazard to
the health and safety of occupants, pedestrians, motorists and other
persons utilizing or exposed to the premises.
(6)
The maintenance of plantings or other landscaping features which
were required as a condition of site plan or other approval, but which
did not survive.
(8)
The maintenance of awnings. Such awning shall not show evidence of
discoloration, ripping, tearing or other deterioration and shall not
constitute a nuisance or safety hazard.
A.
Closing of vacant structures. All vacant structures and premises
thereof or vacant land shall be maintained in a safe, secure, and
sanitary condition so as not to adversely affect public health or
safety. If a structure is vacant and unfit for human habitation and
occupancy and is not in danger of structural collapse, the Zoning
Officer is authorized to order the structure closed up so as not to
be a nuisance. Upon failure of the owner to close up a vacant premises
within the time specified in the order, the Zoning Officer shall cause
the premises to be closed and secured through any available public
agency or by contract or arrangement by private persons or entities,
and the cost thereof shall be charged against the real estate upon
which the structure is located and shall be a lien upon such real
estate and may be collected by any other means available at law or
in equity.
B.
Emergency measures. When there is imminent danger of failure or collapse
of a building or structure which endangers life, or when any structure
or part of any structure has fallen and life is endangered by the
occupation of the structure, or when there is actual or potential
danger to the building occupants or those in the proximity of any
structure, the Zoning Officer is hereby authorized and empowered to
order and require the occupants to vacate the premises forthwith.
The Zoning Officer shall cause to be posted at each entrance to such
structure a notice reading as follows: "This structure is unsafe and
its occupancy has been prohibited by the Zoning Officer." It shall
be unlawful for any person to enter such structure except for the
purpose of securing the structure, making the required repairs, removing
the hazardous condition or demolishing the same. The Zoning Officer
shall order the necessary work to be done, including the boarding
up of openings, to render such structure temporarily safe and shall
cause such other action to be taken as the Zoning Officer deems necessary
to meet such emergency. The Township may institute appropriate action
at law or in equity against the owner of the premises where the unsafe
structure is or was for the recovery of any costs incurred by the
Township in the performance of emergency work.
C.
Demolition. The Zoning Officer shall order the owner of any structure
which is so old, dilapidated or has become so out of repair as to
be dangerous, unsafe, unsanitary or otherwise unfit for human habitation
or occupancy, and such that it is unreasonable to repair the structure,
to demolish and remove such structure; or if such structure is capable
of being made safe by repairs, to repair and make safe and sanitary
or to demolish and remove at the owner's option; or when there
has been a cessation of normal construction of any structure for a
period of more than two years, to demolish and remove such structure.
If the owner of a structure fails to comply with a demolition order
within the time prescribed, the Zoning Officer shall cause the structure
to be demolished and removed, either through an available public agency
or by contract or arrangement with private persons or entities, and
the cost of such demolition and removal shall be charged against the
real estate upon which the structure is located and shall be a lien
upon such real estate and may be collected by any other means available
at law or in equity.
[Added 1-15-2018 by Ord. No. 433-18]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution, including reasonable
attorneys' fees. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 30 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense.
