Borough of Manor, PA
Westmoreland County
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Table of Contents
Table of Contents
[Ord. 511, 6/17/2009, § 1]
This part will be known as the "Borough of Manor Property Maintenance Code."
[Ord. 511, 6/17/2009, § 2]
1. 
The following definitions shall apply to the interpretation and enforcement of this part of the Code of the Borough of Manor.
AUTOMOBILE
Any and all types of motor vehicles, including vans, trailers, equipment, machinery or self-propelled machinery of all kinds, with the exception of usable farm machinery.
BUILDING
An independent structure having a roof supported by columns or walls resting on its own foundation and includes dwelling, garage, barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse, school or similar structures.
DWELLING
Any building which is wholly or mainly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living or sleeping by human occupants.
JUNKED AUTOMOBILE
An unregistered or unlicensed motor vehicle and/or a motor vehicle not bearing a currently valid inspection sticker or a motor vehicle in a state of major disassembly, disrepair or in the process of being stripped or dismantled.
OWNER
The person who, alone or jointly or severally with others:
(1)
Shall have legal or equitable title to any property, dwelling or dwelling unit, with or without accompanying actual possession thereof.
(2)
Shall have charge, care or control of any, property, dwelling or dwelling unit as owner, tenant or agent of the owner or tenant, or as executor, administrator or guardian of the estate of the owner. Any such person thus representing the actual owner or tenant shall be bound to comply with the provisions of this part and any rules or regulations adopted pursuant thereto to the same extent as if he or she were the owner or tenant.
PERSON
Includes any individual, firm, corporation, association, partnership, or other legal entity.
PREMISES
Any property, building, structure or dwelling situated in the Borough of Manor.
PROPERTY
A piece, parcel, lot or tract of land or easement with regard to the same.
STRUCTURE
Anything constructed or erected with a fixed or ascertainable location on the ground, whether or not affixed to the ground, including buildings, walls, fences, platforms, decks, billboards, signs and walks.
2. 
Meaning of Certain Words. All words used in the singular shall include the plural; all words used in the plural shall include the singular; all words referring to a certain gender shall include reference to both genders; whenever the words "dwelling," "dwelling unit" or "premises" are used in this part, they shall be construed as though they were followed by the words "or any part thereof."
[Ord. 511, 6/17/2009, § 3; as amended by A.O.]
1. 
The Council of the Borough of Manor does hereby declare the excessive growth of grass and noxious weeds, plants or undergrowth to be a health hazard to the residents of the Borough of Manor, particularly in those areas of the Borough of Manor zoned or utilized for residential dwelling purposes.
A. 
No person owning or occupying any property within the Borough of Manor zoned or utilized for residential, business, commercial or industrial purposes shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such premises that:
(1) 
Exceeds a height of 10 inches.
(2) 
Is a noxious weed as defined or prohibited by the Noxious Weed Control Law, 3 P.S. § 255.1 et seq., or by regulations of the Department of Agriculture, 7 Pa. Code § 110.1. Noxious weeds are defined as a plant that is determined to be injurious to public health, crops, livestock, agricultural land or other property. The following are considered noxious weeds:
(a) 
Cannabis sativa, commonly known as marijuana.
(b) 
The Lythrum salicaria complex: Any normative Lythrum including, Lythrum salicaria and Lythrum virgatum, their cultivars and any combination thereof.
(c) 
Cirsium arvense, commonly known as Canadian thistle.
(d) 
Rosa multiflora, commonly known as miltiflora rose.
(e) 
Sorghum halepense, commonly known as Johnson grass.
(f) 
Carduus nutans, commonly known as musk thistle.
(g) 
Cirsium vulgare, commonly known as bull thistle.
(h) 
Datura stramonium, commonly known as jimson weed.
(i) 
Polygonum peifoliatum, commonly known as mile-a-minute.
(j) 
Puerria lobata, commonly known as kudzuvinei.
(k) 
Sorghum bicolor cv. drummondii, commonly known as shattercane.
(l) 
Heracleum mantegazzianum, commonly known as Giant Hogweed.
(m) 
Galega officinalis, commonly known as Goatsrue.
(n) 
Cichorium intybus, commonly known as Chicory, succory or blue daisy.
B. 
No person owning or occupying any property within the Borough of Manor zoned or utilized for residential, business, commercial or industrial purposes shall permit any trees, bushes, shrubbery or other growth, of whatsoever kind or nature, to grow or remain upon such premises so as to encroach upon adjoining sidewalks, streets, highways or alleys in such a manner as to interfere with pedestrian or vehicular traffic lawfully using such sidewalks, streets, highways or alleys or in such manner as to restrict the clear view of vehicular traffic using such streets, highways or alleys. Likewise, no person owning or occupying any property as set forth herein shall be permitted to allow any trees, bushes, shrubbery or other growth as identified above to cover, conceal or interfere with any fire hydrant or other fire service connection. Any trees, bushes, shrubbery, or other growth growing upon any premises zoned or utilized for residential, business, commercial or industrial purposes in the Borough of Manor in violation of any of the provisions of this section is hereby declared to be a nuisance and detrimental to the health, welfare and safety, of the inhabitants of the Borough of Manor.
C. 
Any grass, weeds or other vegetation growing upon any such premises within the Borough in violation of any the provisions of this part is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Borough of Manor.
D. 
The owner or occupant of any premises situate in the Borough of Manor zoned or utilized for residential purposes shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of this section.
E. 
Any duly appointed police officer of the Borough of Manor, any duly appointed code enforcement officer of the Borough of Manor or any other official or agency duly appointed by Council is hereby designated and authorized to give notice, by personal service or by certified and first class United States Mail, postage prepaid, to the owner or occupant, as the case may be, of any premises subject to the regulations of this part whereon grass, weeds or other vegetation or trees, hedges, bushes or shrubbery are growing or remaining in violation of the provisions hereof, directing and requiring such owner or occupant to remove, trim or cut such grass, weeds or vegetation or trees, hedges bushes or shrubbery, so as to conform to the requirements of this part, within five days of the issuance of such notice. Said notice may, at the discretion of any police officer, code enforcement officer or any other official or agency duly appointed by Council, be by correspondence or on a citation notice, in a form as shall be approved by the Council of the Borough of Manor. In case any person shall neglect, fail or refuse to comply with such notice within the period of time stated herein, the Borough authorities may remove, trim or cut such grass, weeds or vegetation or trees, hedges, bushes or shrubbery, and the cost thereof, together with any additional penalty authorized by law, may be collected by the Borough from such person by the filing of a municipal lien against the real property which is the subject of said violation.
F. 
Violations and Penalties.
(1) 
Any person who or which shall-violate or fail, neglect or refuse to comply with any of the provisions of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $50 nor more than $1,000 plus costs together with reasonable attorney fees, and in the event of a subsequent conviction thereof, for every such violation that constitutes the same offense, be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.
(2) 
In the enforcement of this section, any duly appointed police officer of the Borough of Manor, any duly appointed code enforcement officer of the Borough of Manor or any other official or agency duly appointed by Council may, at his sole discretion, utilize a citation notice in a form to be approved by the Council of the Borough of Manor notifying the person responsible as to the violation of this part and providing that person an opportunity to remedy said violation within five days of the date of that notice and to impose a fine not to exceed $50, payable to the Borough of Manor, without the necessity of a court proceeding and the imposition of attorney fees and court costs.
[Ord. 511, 6/17/2009, § 4; as amended by A.O.]
1. 
The Council of the Borough of Manor does hereby declare that the existence of unsafe buildings and structures, wherever the same may be situate in the Borough of Manor, constitutes a nuisance and hazard to the health, safety and general protection of the residents of the Borough.
A. 
Report of Dangerous Conditions; Investigation. Whenever it shall be reported to or be determined by any duly appointed Police Officer of the Borough of Manor, any duly appointed Code Enforcement Officer of the Borough of Manor or any other official or agency duly appointed by Council that any structure, existing or in the process of construction, or any portion thereof is in a dangerous or unsafe condition, any duly appointed Police Officer of the Borough of Manor, any duly appointed Code Enforcement Officer of the Borough of Manor or any other official or agency duly appointed by Council shall immediately cause an investigation and an examination to be made of such structure. Within five days after such investigation and examination has been concluded, any duly appointed Police Officer of the Borough of Manor, any duly appointed Code Enforcement Officer of the Borough of Manor or any other official or agency duly appointed by Council shall direct a notice to the owner and occupant thereof requiring said owner and occupant to commence the repair or removal of such structure within 10 days of such notice and to complete such repair or removal within 90 days thereof; provided, however, that in any case where the notice prescribes the repair of any structure, the owner thereof shall have the option to remove such structure instead of making repairs thereto, within the said time limit.
B. 
Service of Notice. The notice required by this section shall be served personally or by both certified and first class United States mail, postage prepaid, upon the owner or occupant of the structure or upon the agent of such owner, if such agent has a residence or place of business within the Borough. For the purpose of notice by mailing, the Borough may utilize the property address, the mailing address of the property owner as the same is set forth in the real estate tax listings or any other source available to the Borough. Evidence of the manner in which service is made shall be maintained as part of the Borough records.
C. 
Appeals and Hearings. Any person affected by any notice which has been issued in conjunction with the enforcement of this section may request and shall be granted a hearing on the matter before the Council of the Borough of Manor, provided that such person shall file with the Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefore within 10 days of the date the notice was served. Upon receipt of such petition, the Council of the Borough of Manor shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 20 days after the day on which the petition was filed. After such bearing, the Council of the Borough of Manor shall sustain, modify or withdraw the notice. If the Council of the Borough of Manor sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this subsection shall automatically become an order if a written petition for a hearing is not filed with the Secretary within the 10 days as aforesaid.
D. 
Failure to Repair; Penalty.
(1) 
If the owner of any dangerous structure to whom or which a notice to repair or remove shall have been sent under the provisions of this section fails to commence or to complete such repair or removal within the time limit prescribed by such notice, he shall be guilty of a violation of this section and, upon conviction thereof, shall be sentenced to pay a fine of not less than $300 nor more than $1,000, plus reasonable attorney fees and cost of prosecution. Each day's violation shall constitute a separate offense, and further notice to the offender shall not be necessary in order to constitute an offense.
(2) 
In the enforcement of this section, any duly appointed police officer of the Borough of Manor, any duly appointed code enforcement officer of the Borough of Manor or any other official or agency duly appointed by Council may, at his sole discretion, utilize a citation notice, in a form to be approved by the Council of the Borough of Manor, notifying the person responsible as to the violation of this part and providing that person an opportunity to remedy said violation within five days of the date of that notice and to impose a fine not to exceed $50 payable to the Borough of Manor, without the necessity of a court proceeding and the imposition of attorney fees and court costs.
E. 
Borough Empowered to Repair or Remove at Owner's Expense. If the owner of any dangerous structure to whom or which a notice to repair or remove such structure shall have been sent under the provisions of this section, fails to commence or to complete such repair or removal within the time limits prescribed by such notice, the Council of the Borough of Manor shall be empowered to cause such work or repair or removal to be commenced and/or completed by the Borough, and the cost and expense thereof with a penalty of 10%, shall be collected from the owner of such structure by the filing of a municipal claim against the subject property. The recovery of such costs and expense, together with penalty, costs and reasonable attorney fees, shall be in addition to any penalty imposed under Subsection 1D, hereof.
[Ord. 511, 6/17/2009, § 5; as amended by A.O.]
1. 
The Council of the Borough of Manor does hereby declare that the storage and collection of junked automobiles on any property situate within the Borough of Manor, except those properties duly licensed as junkyards pursuant to the provisions of the Code of the Borough of Manor, constitutes a nuisance and hazard to the health, safety and general welfare of the residents of the Borough of Manor because such junked automobiles provide a breeding ground for vermin and disease and/or present a danger of injury to the residents of the Borough.
A. 
Storage and Collection of Unsafe Junked Automobiles. No unregistered and/or uninspected motor vehicle shall be parked, kept or stored on any property or on any public or private roadway within the Borough of Manor, and no automobile shall at any time be parked, kept or stored in a state of major disassembly, disrepair or in the process of being stripped or dismantled; provided, however, that an exception is hereby granted to a vehicle of any type which is undergoing a major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes if such junked automobile provides a breeding ground for vermin and disease and/or presents a danger to the residents of the Borough.
B. 
Encroachment, Obstruction or Interference. No motor vehicle, whether or not registered, shall be parked, kept or stored on any property or public or private roadway within the Borough of Manor in such a manner as to interfere with pedestrian or vehicular traffic lawfully using such public or private roadway or in such a way to interfere with necessary public services, including snow removal.
C. 
Violations.
(1) 
Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.
(2) 
In the enforcement of this section, any duly appointed police officer of the Borough of Manor, any duly appointed code enforcement officer of the Borough of Manor or any other official or agency duly appointed by Council may at his sole discretion, utilize a citation notice in a form to be approved by the Council of the Borough of Manor, notifying the person responsible as to the violation of this part and providing that person an opportunity to remedy said violation within five days of the date of that notice and to impose a fine not to exceed $50 payable to the Borough of Manor, without the necessity of a court proceeding and the imposition of attorney fees and court costs.
[Ord. 511, 6/17/2009, § 6; as amended by A.O.]
1. 
The Council of the Borough of Manor does hereby declare the placement and collection of animal waste on public property or upon property of others to be a health hazard and a hazard to the health, safety and general welfare of the residents of the Borough of Manor.
A. 
Public Property Regulation. It shall be unlawful for the owner of any domestic animal to permit said animal to deposit its feces on public property situate in the Borough, including all parks, playgrounds, public roadways and other public facilities.
B. 
Violations. Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.
[Ord. 511, 6/17/2009, § 7]
If any provision of this part is in conflict with any provision of any ordinance of the Borough or any State or Federal Law, the provision which establishes the higher standard for the promotion and protection of the health, safety and general welfare of the residents of the Borough shall apply and prevail. In particular, the provisions of this part shall be read and applied together with the provisions of such other ordinances or laws.
[Ord. 511, 6/17/2009]
In addition to the penalties prescribed in this part for violations of the provisions of this part, where a condition, conduct or activity is declared by this part to constitute a nuisance and/or hazard to the health, safety and general welfare of the residents of the Borough of Manor, the Borough shall have the authority to abate said condition, conduct or activity not only under the provisions of this part, but also under the provisions of any other ordinance of the Borough as well as under any other statute, law or regulation so providing and against any person so responsible. This part shall not be construed to be the sole means for abatement of nuisances within the Borough, and further, nothing provided herein shall preclude any person from proceeding individually or with other injured persons to effect the abatement of a private nuisance. Furthermore, in the exercise of the powers conferred in this part, the Borough may institute proceedings in equity.