[Ord. 6-2009, 7/9/2009, § 1]
This Part shall be known and cited as the Township of Canton
"Property Maintenance Ordinance."
[Ord. 6-2009, 7/9/2009, § 2]
This Part recognizes the need within the Township of Canton
to establish certain minimum health and safety requirements for those
buildings, structures or properties which are used or associated with
human occupancy and this Part hereby establishes standards which the
Board of Supervisors considers to be fair and effective in meeting
those minimum requirements.
[Ord. 6-2009, 7/9/2009, § 3]
A roofed structure enclosed by one or more walls for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any dog, cat or other domestic animal normally and ordinarily
kept in or permitted to be at large in the dwelling of its owner.
The presence of insects, rodents, vermin and/or other pests.
Plot, tracts, premises or parcel of land, with or without
improvements thereto.
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or otherwise,
is vested with the title to a lot and/or improvements thereto or who
retains the exclusive control or such a lot and/or improvements thereto
in his capacity as a legal representative, such as an administrator,
trustee, executor, etc.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
Any building or part thereof, or man-made structure, which
remains unoccupied for a period of more than six months, with either
doors, windows or other openings broken, removed, boarded or sealed
up, or any building under construction upon which little or no construction
work has been performed for a period of more than six months.
Animals, wild birds (applies to structure interior) or insects
known to carry disease, parasites, lice, fleas or other infections.
[Ord. 6-2009, 7/9/2009, § 4]
The provisions of this Part shall supplement local laws, ordinances
or regulations existing in the Township of Canton or those of the
Commonwealth of Pennsylvania. Where a provision of this Part is found
to be in conflict with any provision of a local law, ordinance, code
or regulation or those of the Commonwealth of Pennsylvania, the provisions
which are more restrictive or which establish the higher standard
shall prevail.
[Ord. 6-2009, 7/9/2009, § 5]
1.
No owner of any building or structure shall fail to take steps and
perform such maintenance thereto as may be required, from time to
time, to ensure the property is safe, sound, sanitary and secure and
does not present a health and/or safety hazard to surrounding properties
and to the general populace and/or emergency response personnel.
2.
No owner of any unoccupied building or structure shall fail to take
such steps as may be required to insure that the aforesaid are securely
closed so as to prohibit and deter entry thereto by people, pets,
wild animals, birds or rodents, and to insure that no health and/or
safety hazard, infestation or threat thereof is precipitated due to
a lack of maintenance or due to neglect.
3.
Owners of any and all unoccupied buildings and/or structures which,
through neglect, have deteriorated to the point of being classified
as hazardous/dangerous, and, therefore, constitute a severe health
and/or safety hazard, shall, upon direction of the Board of Supervisors,
remove or cause the removal of the building and/or structure.
[Ord. 6-2009, 7/9/2009, § 6]
1.
Fences and/or minor structures are to be constructed and maintained
so as not to present a safety or health hazard to persons and/or property.
2.
Owner(s) shall not allow the development and/or accumulation of hazards,
rodent harborage and/or infestation upon yards, courts and lots.
3.
Owner(s) shall not allow garbage or refuse to accumulate and to be
blown about the surrounding neighborhood. Said garbage or refuse shall
be placed in suitable containers/receptacles.
4.
Owner(s) shall not allow the accumulation of heavy undergrowth and/or
vegetation which would impair the health and/or safety of the neighborhood;
nor shall they permit any trees, plants or shrubbery, or any portion
thereof, to grow on their property and which constitute a safety and/or
health hazard to pedestrian and/or vehicular traffic.
[Ord. 6-2009, 7/9/2009, § 7]
1.
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation.
2.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal or garbage and refuse.
3.
Where there exists rodent and vermin infestation, corrective measures
shall be undertaken by the property owner and/or occupant to alleviate
the existing problem(s), to include screening, extermination and/or
garbage and refuse control. Methods employed for extermination shall
conform with generally accepted practices.
[Ord. 6-2009, 7/9/2009, § 8]
1.
It shall be unlawful for any person to keep any household pet, except
as follows:
A.
If any such pet shall be kept in a dwelling owned or occupied by
said pet's owner, such owner shall be required to follow procedures
and practices as to sanitation to insure that no public nuisance shall
be created or maintained and no threat to the health of persons living
elsewhere than in such dwelling shall be created.
B.
If any such pet shall be kept or allowed outside its owner's
dwelling, the following provisions shall apply:
(1)
The owner of every such pet shall confine the same in an enclosure
sufficient to prevent it from running at large, and said enclosure
shall be of a size conducive to good sanitary practices with adequate
and sanitary drainage facilities provided.
(2)
The owner of every such pet shall cause the litter and droppings
therefrom to be collected by a reasonable method in a container or
receptacle that, when closed, shall be rat-proof and fly-tight. After
every such litter and droppings collection, the container or receptacle
shall be kept closed. At least once a week, every pet owner shall
cause all litter and droppings so collected to be disposed of in such
a manner as to not permit the presence of fly larvae.
(3)
The owner shall license such pets as required by county and/or
state agencies.
[Ord. 6-2009, 7/9/2009, § 9]
1.
No person shall permit:
A.
Roof, surface and/or sanitary drainage to create a safety and/or
health hazard to persons and/or property by reason of inadequate and/or
improper construction or maintenance or manner of discharge.
B.
Roof gutters, drains or any other system designed and constructed
to transport stormwater to be discharged into any sanitary sewage
system and/or any part thereof.
C.
Any refrigerator, freezer and/or other similar storage chest to be
discarded, abandoned or stored in any place or location which is accessible
to the general public without first completely removing any and all
locking devices and/or doors.
D.
Any open wells, pits or holes or sumps without appropriate lid, guard
or fence to prevent accidental fall or entrapment of animals or persons.
[Ord. 6-2009, 7/9/2009, § 10]
Any occupant of a premises shall be responsible for compliance
with the provisions of this Part with respect to the maintenance of
that part of the premises which he occupies and/or controls in a safe,
sound and/or sanitary condition pursuant to the terms of the contract/agreement
under which he exercises occupancy and/or control thereof.
[Ord. 6-2009, 7/9/2009, § 11]
1.
Owners of premises shall comply with the provisions of this Part
as well as operators and occupants, regardless of any agreements between
owners and operators or occupants, as to which party shall assume
such responsibility.
2.
In instances where an occupant is responsible or shares responsibility
with an owner for the existence of one or more violations of this
Part, said occupant shall be deemed responsible and treated as if
an owner within the true intent and meaning of this Part. In the absence
of written transfer of responsibility from owner to occupant, owner
shall be considered responsible.
[Ord. 6-2009, 7/9/2009, § 12]
Upon failure to comply with any terms or conditions of this
Part, the owner and/or occupant shall be notified by the Board of
Supervisors or its authorized representative, by certified mail or
through personal service of said violation or violations. Such notification
shall be in writing and shall identify the premises and shall cite
the specific violation or violations; shall direct the owner and/or
occupant to correct the deficiency and/or deficiencies within a period
of 30 days from the receipt of such notice, and shall inform the owner
and/or occupant of the fines and penalties which would accrue for
the failure to comply. The notice shall also advise that, in lieu
of or in addition to fines and penalties, and subsequent to the thirty-day
period for voluntary compliance, the Township may itself correct the
deficiencies or contract for the correction thereof and assess the
cost thereof as a lien against the premises and/or recover the expenses
so incurred in a manner as prescribed by law. In the event the owner
and/or occupant cannot be ascertained or is not able to be located,
a notice containing the above required information in summary form
shall be published once in each of two consecutive weeks in a newspaper
of general circulation in the Township, advising of the existence
of the violation and requiring correction thereof, in accordance with
the terms and conditions herein established; detailed notice thereof
shall be posted on the subject premises and at the Township building.
[Ord. 6-2009, 7/9/2009, § 13]
The owner and/or occupant shall have 30 days from the receipt
of a notice of violation or, alternatively, from the date of the second
appearance of the published notice of violation, to correct any and
all stipulated deficiencies. Extensions to the thirty-day period in
which deficiencies must be corrected may be granted by the Township
upon demonstration by the owner and/or occupant that such an extension
thereto is warranted and justified. Failure to comply shall constitute
a violation of this Part. A conflict between an owner and/or occupant
shall not ban further prosecutions for noncompliance with this Part
subsequent to such conviction.
[Ord. 6-2009, 7/9/2009, § 14]
In any case where the nature of the violation requires construction
or demolition work in order to correct the violation, permits for
construction and/or demolition must be obtained from the Township
Zoning Officer.
[Ord. 6-2009, 7/9/2009, § 15]
If the premises are owned by more than one owner, each owner
shall be severally subject to prosecution for the violation of this
Part.
[Ord. 6-2009, 7/9/2009, § 16]
In those matters where the nature of an alleged violation is
such that an inspection of the interior of a building or structure
is necessary, prior arrangements may be made with the owner or his
agent to secure access thereof. If the owner fails to provide access
to the aforesaid, then the Township shall pursue the necessary legal
means to secure access thereof.
[Ord. 6-2009, 7/9/2009, § 17; amended at time of
adoption of Code]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not exceeding $1,000, together with the costs of prosecution
and, upon default of payment, imprisonment for a term not to exceed
90 days. Each day a conviction is violation of this Part exists beyond
the thirty-day voluntary compliance period shall constitute a separate
violation of this Part. The owner shall also bear all costs of correction
where performed by the Township or its designee.
