[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-15-2009 by Ord. No. 641; amended in its entirety 12-20-2022 by Ord. No.
736]
This article shall be titled and may be referred to as the Property
Maintenance Code of the Borough of Tamaqua.
Tamaqua Borough hereby adopts, as amended below, the International
Property Maintenance Code, as published by the International Code
Council, 2018 edition, as the Property Maintenance Code of Tamaqua
Borough as authorized by 8 Pa.C.S.A. § 32A04 (2014).
The following amendments are hereby made to the following sections
of the IPMC, as the most recent edition of said IPMC shall be applicable
in Tamaqua Borough:
A.
Section 302.3.1 Added to read as follows: "All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas for public use
shall be kept in proper state of repair, free of all snow, ice, mud,
overhanging trees, shrubs and other debris which obstruct walkways
and shall be maintained free of hazardous conditions. Removal of snow
and/or ice is to be accomplished so that a walkway of at least three
feet in width shall be cleared along the entire extent of such sidewalk
within 24 hours after the same has ceased to fall or to be formed."
B.
Section 304.14 Amended to read as follows: "Insect screens. Every
door, window or other outside opening required for ventilation of
habitable rooms, food preparation areas, food service areas or any
areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored shall
be supplied with approved tightly fitted screens of minimum 16 mesh
per inch (16 mesh per 25 mm), and every screen door used for insect
control shall have a self-closing device in good working condition."
C.
Section 705. The final sentence of section 705 shall be revised to
read: "The provisions relating to the source of power set forth in
Section 704.6.3 above shall apply to carbon monoxide detectors."
All prior ordinances inconsistent with any provision of this
article are repealed to the extent necessary to give effect to the
provisions of this article.
If any section, subsection, sentence, clause, phrase or portion
of this article is found to be unconstitutional, illegal or unenforceable,
such section, subsection, sentence, clause, phrase or portion of this
article shall be deemed separate, distinct and independent from the
remainder of this article.
[Adopted 12-4-2012 by Ord. No. 660]
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 Tamaqua 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 Tamaqua.
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., wastepaper, 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 Tamaqua
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, fire wall, 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 a 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 the 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 of 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 by the 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 police officer, authorized inspector, or public official
designated by the Borough to enforce the Borough ordinances.
Any conditions or premises which are unsafe or unsanitary.
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
curbline 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 Tamaqua extended to a person to settle
a violation by paying the fine in lieu of a citation being issued
against the violator.
Shall be defined as all grasses, annual plants, and vegetation,
which meet any of the following criteria:
Exceed 10 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 Tamaqua 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 10 inches (254 mm). 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 sidewalks. Every owner, tenant, occupant,
lessee, property agent, or any other person who is responsible for
any property within the Borough of Tamaqua, is required to remove
any snow or ice from their sidewalk within 24 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 Tamaqua,
all snow and ice must be removed within four hours of the cessation
of said snow and ice falling. Any property that is 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.
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 in a location on the owner's
property not within the public right-of-way or readily visible from
the public right-of-way. The persons occupying any dwellings are limited
to six containers not exceeding 50 pounds each and one bulky item
not exceeding 275 pounds each. 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 pickup.
[Amended 11-19-2013 by Ord. No. 668]
Upon finding a quality of life violation, any public officer
of the Borough of Tamaqua 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 Tamaqua 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 Tamaqua 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 Tamaqua 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 Tamaqua and the Borough will
forward these costs to the violator. The Borough reserves the right
to add a 30% processing fee in addition to the cost of the contractor.
A.
For the first of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amounts of $25, as
set forth on the chart below.
[Amended 11-19-2013 by Ord. No. 668]
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 on the chart below.
[Amended 11-19-2013 by Ord. No. 668]
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 on the chart below.
[Amended 11-19-2013 by Ord. No. 668]
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.
[Amended 11-19-2013 by Ord. No. 668]
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.
|
Quality of Life (QOL) 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 $25 violation ticket does not pay the
fine or request a hearing within 15 days, the person will be subject
to a $10 penalty for days 16 through 30.
B.
If the person in receipt of a $50 violation ticket does not pay the
fine or request a hearing within 15 days, the person will be subject
to a $25 penalty for days 16 through 30.
[Amended 11-19-2013 by Ord. No. 668]
C.
If the person in receipt of a $100, or higher, violation ticket does
not pay the fine or request a hearing within 10 days, the person will
be subject to a $50 penalty for days 16 through 30.
[Amended 11-19-2013 by Ord. No. 668]
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 Enforcement Officers
have the right to issue citations without first issuing tickets, provided
notice has been given. Upon issuance of four tickets for the same
violation, right is reserved for the Code Enforcement Officers to
issue citations 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 on each offense, the costs of
prosecution including restitution of the fees of the Code Enforcement
Officer, 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 Tamaqua for the costs of prosecution, including the fees of the
Code Enforcement Officer.[1]
[1]
Editor's Note: Former Sec. 13, Appeal, which immediately followed
this section, was repealed 11-19-2013 by Ord. No. 668.
At the discretion of the Borough of Tamaqua, 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 Tamaqua 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 Tamaqua, 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 Tamaqua for abatement of a violation and not
paid within 45 days of billing.
The penalty lien and collection provisions of this section shall
be independent, non-mutually exclusive, separate remedies, all of
which shall be available to the Borough of Tamaqua 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 Tamaqua 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.
