[Added 11-13-2017 by Ord.
No. 2017-11]
The lack of maintenance of properties, littering, improper storage
of trash and rubbish, storage of inoperable/nonregistered vehicles,
vendor operations without permits and accumulation of snow and ice
are costly problems that cause blight and negatively impact the public
health, safety, and general welfare of the City residents and their
guests, and contribute to the deterioration of property values and
general disorder in the City. These problems degrade the physical
appearance of the City, which reduces business and tax revenue, inhibiting
economic development. The quality of life, community, and pride of
the citizens of Latrobe 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 City by helping to create a clean environment
for the citizens of Latrobe.
The provisions of this article shall apply to all existing and
future properties and structures.
The following words, terms and phrases when used in this article
shall be defined as follows, unless context clearly indicates otherwise:
Any property that is vacant.
[Added 9-12-2022 by Ord. No. 2022-6]
Any person 18 years of age or older.
Any material upon the premises that is a residue of structural
demolition, or any other material that is not neatly stored, stacked
or piled in such a manner so as not to create a nuisance or become
a harboring place or food supply for insects and rodents.
Includes, but is not limited to, depositing of litter, depositing
durable goods (refrigerators, washers, dryers, etc.), small appliances,
furniture, carpets, tires, vehicles, vehicle parts and automotive
products and other such municipal waste, hazardous waste, residual
waste and construction or demolition debris on public or private property,
except as authorized.
One or more rooms, including a kitchen or kitchenette and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy.
Any condition that on its own, or combined with other conditions
present would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to, overgrown
or dead vegetation, accumulation of abandoned personal property, extensive
or pervasive damage of improvements to real property, broken or boarded
up windows and/or doors, statements by neighbors, passerby, delivery
agents or government agents that the property is vacant, the termination
of one or more utilities serving the property, among other evidence
that the property is vacant.
[Added 9-12-2022 by Ord. No. 2022-6]
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Any and all pieces of furniture which are made for only inside
use including, but not limited to, upholstered chairs and sofas, etc.
Any person who grants a lease or otherwise permits the use
of his real estate or portion thereof for a consideration, monetary
or otherwise.
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 appliances, or motor vehicle seats, vehicle
parts, automotive products, shopping carts, construction or demolition
material, recyclable material, dirt, mud and yard waste that has been
abandoned or improperly discarded, deposited or disposed.
Includes 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.
Any person who lives in or has possession of, or holds an
occupancy interest in a dwelling unit; or any person residing in or
frequenting the premises of the dwelling unit with the actual or implied
permission of the owner or lessee.
Any condition or premises which is unsafe or unsanitary.
Any police officer, code enforcement officer, authorized
inspector, public works director, and any other public official designated
by the Mayor and/or City Council to enforce the City ordinances.
Includes material which would otherwise become municipal
waste, which can be collected, separated or processed, and returned
to the economic mainstream in the form of raw materials or products.
Such materials may include, but not be limited to, aluminum cans,
ferrous and bimetal cans, glass containers, plastic bottles and containers,
and paper.
The total width of any land used, reserved or dedicated as
a street, alley, driveway, sidewalk or utility easement, including
curb and gutter areas.
That person (or persons) who has the use of real estate of
a landlord and is responsible for the giving of any type of consideration
therefor, but excluding those who are tenants for a period of less
than 30 days.
Any building/structure that is not legally occupied. The
definition shall not include properties that are subject to a valid
building permit. A lawfully operated and duly registered student house
shall not be considered vacant if unoccupied for the traditional summer
break, from May 1 through September 1
[Added 9-12-2022 by Ord. No. 2022-6]
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 include animal waste, including without
limitation all feces from domesticated animals, including dogs. The
term does not include source-separated recyclable materials.
The following shall be considered quality of community violations.
Any violation of any standard provided herein shall constitute a quality
of community violation:
A.
Accumulation of rubbish, garbage, junk or litter.
(1)
All exterior property and premises, and the interior of every structure,
shall be kept free from any accumulation of waste, trash, litter,
rubbish, debris or garbage.
(2)
It is prohibited to store or place any/all items designed for interior
use, appliances or furniture, including, but not limited to, ranges,
refrigerators, air conditioners, ovens, washers, dryers, microwaves,
TVs, computers or electronic components, dishwashers, mattresses,
recliners, sofas, interior chairs, interior tables, or any other items
of indoor furniture on the exterior of any property for the purpose
of sale or any other reason, except for the temporary purposes of
keeping the item on the exterior of the property for a period of less
than 24 hours for the purpose of maintaining or repairing the item
or removing the item from the real property, or for a yard, estate,
garage, or similar temporary sale on residential property to sell
residential items.
(3)
Refrigerators and similar equipment, including, but not limited to, washers, dryers, dishwashers and ranges not in operation, shall not be discarded, stored or abandoned on any premises without first removing the doors. To the extent that the item is outdoors, it may not be outdoors for longer than 24 hours, as outlined in § 132-8A(2), herein.
B.
Storing of hazardous material. It shall be unlawful for any person,
business or entity to store combustible, flammable, explosive or other
hazardous materials, including, but not limited to, paints, volatile
oils and cleaning fluids, or combustible rubbish, including, but not
limited to, wastepaper, boxes or rags, unless the storage of said
materials is in compliance with the applicable fire and/or building
codes, and at least 10 feet away from the public right-of-way.
C.
Storing of recyclables. Storage of recyclables is only permitted in approved containers, pursuant to Latrobe Code Chapter 305, which must be kept clean and sanitary at all times. Any violation of Chapter 305 of the Latrobe Code shall be considered a violation of this part and may also be enforced and ticketed as such.
E.
Littering, scattering rubbish or dumping. The improper disposal of
rubbish or garbage or dumping or disposing of rubbish or garbage on
vacant, unoccupied, or other property is prohibited.
F.
Nuisance motor vehicles, equipment, machinery, and personal property. It shall be prohibited to keep nuisance vehicles, equipment, machinery, and personal property as defined in City of Latrobe Code § 92-1. Any violation of Latrobe Code § 92-1 shall be considered a violation of this article and may also be enforced and ticketed as such.
G.
Placement or littering by private advertising matter.
(1)
No person shall throw, place, sweep or dispose of private advertising
material upon any public sidewalk, alley, street, bridge, public passageway,
public parking area, right-of-way or any public property.
(2)
No person, group, organization or entity will hang, place or advertise
on any public property in any manner.
(3)
No person, group, organization or entity will hang, place or advertise
on any property that they do not have any ownership rights to without
written approval of said owner.
H.
Animal maintenance and waste/feces cleanup. Violations of the Latrobe Code § 58-4 shall be considered a violation of this article and may also be enforced and ticketed as such.
I.
Insects or vermin. Infestation of insects or vermin shall not be
allowed to continue, and the owner or occupant of any infested property
shall report same to the Code Enforcement Officer of the City and
take appropriate steps to abate said infestation without unnecessary
delay. Failing to do so is a violation.
J.
High weeds, grass, plant growth or standing water. All premises and exterior property shall be maintained free from weeds, grass or plant growth in excess of eight inches, and water shall not be allowed to stand or accumulate in a manner that would attract insects or vermin. All such plant growth shall otherwise be in compliance with Latrobe Code § 132-3I and any violation thereof shall be considered a violation of this article and may also be enforced and ticketed as such.
K.
Streets, sidewalks, alleyways, squares, and rights-of-way.
(1)
Every owner, tenant, occupant, lessee, property agent or any other person who is responsible for any property within the City is required to remove any snow or ice from their sidewalk within 10 hours after the same has ceased to fall or form, pursuant to Latrobe Code § 85-6, and any violation thereof shall be considered a violation of this article and may also be enforced and ticketed as such. Snow and ice shall not be deposited on or within two feet of a fire hydrant or other fire control or suppression device.
L.
Swimming pools shall be maintained in good repair at all times. They
shall also be kept clean, safe, and sanitary, and be covered when
not in regular use.
M.
Registration of tenants. It shall be unlawful for a landlord to allow adult tenants or occupants to reside within the City of Latrobe without registering them with the City Manager, pursuant to § 319-4. Any violation of § 319-4 shall be considered a violation of this article and may also be enforced and ticketed as such.
N.
Permits and approvals.
(1)
It shall be unlawful for an owner, tenant, contractor or any other
person to perform work to a building or structure without a permit,
where permits are required.
(2)
Illegal signs. No person or business shall construct and display a sign/advertisement without the appropriate approval and permit from the City of Latrobe, pursuant to Latrobe Code Chapter 151. Any violation of Latrobe Code Chapter 151 shall be considered a violation of this article and may also be enforced and ticketed as such.
O.
Property maintenance.
(1)
Accessory structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound,
in good repair, and in compliance with the City's Property Maintenance
Code.
(2)
Buildings shall have approved address numbers placed in a position
to be plainly legible and visible from the street or road fronting
the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers
shall be a minimum of four inches (102 mm) in height with a minimum
stroke width of 0.5 inch (12.7 mm).
P.
Trees. All hedges, vegetation, and trees growing upon or along any
street, alley or sidewalk, or inside the property line of any lot
fronting on any street or alley, shall not have any growth within
14 feet above any streets and alleys and eight feet above any sidewalks.
Upon finding a quality of community violation, any public officer, including without limitation the Code Enforcement Officer and Public Works Director, may issue a notice of quality of community violation. Said notice shall identify the property and/or violator (as appropriate), date of the violation, the nature of the violation, that the property owner has 48 hours to cure the violation, and the public officer's contact information. The notice may be served upon a violator by handing it to the violator or his/her agent, by handing it to an adult member of the household or other person in charge of the residence, by leaving or affixing the notice of violation conspicuously on the property where the violation exists, by handing it at any office or usual place of business of the violator, or to the person for the time being in charge thereof, or by mailing the notice to the violator's address. If the violation has not been satisfied within 48 hours of the issuance of the notice to the satisfaction of the public official, the public official may issue, pursuant to Latrobe Code § 132-10, a quality of community violation ticket(s) and/or citation(s) to the owner, tenant, landlord, and/or occupant of the property at issue or to the individual known to have violated this article. The public officer may, at their discretion, following the issuance of a notice of violation, suspend the issuance of a violation ticket upon entering into a written corrective action plan with the violator for the timely cessation of the violation. If the violator does not perform as required under the corrective action plan, the public officer may issue the violation ticket without further notice.
A violation ticket may be served upon a violator by handing
it to the violator or his/her agent, by handing it to an adult member
of the household or other person in charge of the residence, by leaving
or affixing the violation ticket conspicuously on the property where
the violation exists, by handing it at any office or usual place of
business of the violator, or to the person for the time being in charge
thereof, or by mailing the violation ticket certified mail restricted
delivery to the violator's address.
Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate violation ticket may be issued and fine imposed, as provided in § 132-13 herein.
A.
Any person or business violating this article is hereby directed
to, upon issuance of a quality of community notice and/or ticket,
correct the violation in question. Public officers, the Code Enforcement
Officer, and the Public Works Director are authorized and empowered
to cause a violation to be corrected.
B.
The City of Latrobe reserves the right to abate the violation in
question at the expense of the owner if the violation is not abated
by the property owner within five business days of the issuance of
the quality of community ticket. Should the violation at the discretion
of the public officer(s) present imminent danger and/or pose a health
hazard and/or risk, the City reserves the right to perform the abatement
immediately. The City will perform this work at a rate of $60 per
hour, per man. The City reserves the right to charge an additional
20% on all material purchases to cover all miscellaneous expenses,
such as administrative costs and wear and tear on equipment. If the
City has abated the violation, the cost thereof may be charged to
the owner of the property, tenant, landlord, or offending party. A
bill/invoice will be generated to the violator for payment separate
from the quality of community ticket. This section shall not limit
the City's right or ability to abate as provided for in any other
provision of the City of Latrobe Code or pursuant to state law.
C.
Contractor cleanup. The City reserves the right to direct a contractor
to perform the abatement of the violation once five business days
pass from the date of issuance of the quality of community ticket.
Should the violation present imminent danger and/or pose a health
hazard and/or risk, the City reserves the right to direct the contractor
to perform the abatement immediately. The contractor will submit a
bill for his work to the City of Latrobe, and the City will forward
these costs to the violator. The City reserves the right to add a
processing fee of $10 in addition to the cost of the contractor.
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 City for the cleanup and abatement of the violation.
A.
Violation ticket fines. For a violation of this article, violation tickets shall be issued in the successive amounts of $50 for a first offense, $75 for a second offense, $100 for a third offense, and $150 for a fourth offense. For the purpose of determining whether an offense is a successive offense permitting increased fines as provided herein, the offense must be the same and must be ticketed within 30 days of the prior ticket. Example: If a violation ticket is issued on January 1, and the same violation is observed and again a violation ticket is issued on January 29, the January 29 offense shall be considered a second offense subject to a $75 ticket. The same offense is ticketed on March 5. The March 5 offense is considered a first offense subject to a $50 ticket. If a violation is subject to a corrective action plan, pursuant to Latrobe Code § 132-9, the time period under which the property is subject to said corrective action plan shall toll the thirty-day successive offense period, herein, and therefore shall not count against the same. Example: A notice of violation is issued on December 30 and a violation ticket is issued on January 1. A second such violation is noticed on January 10, and on the same day a corrective action plan is formed requiring the violation to be corrected within 10 days. The violator does not perform and a ticket is issued on January 21. The same violation is observed again on February 6 and a ticket is issued on February 8. The February 8 violation ticket shall be considered a third offense subject to a $100 ticket, as the ten-day period of the corrective action plan does not count against the thirty-day time period for successive offenses.
B.
Violation ticket penalties. If the person in receipt of a violation
ticket does not pay the fine or appeal the ticket within 15 days of
the issuance of a violation ticket, the person will be subject to
a penalty of $10.
C.
Failure to respond. If a person fails to make payment or appeal the
ticket within 15 days of the issuance of a violation ticket, they
shall be subject to a summary offense citation for failure to pay.
D.
Repeated violations. Upon issuance of four tickets for the same violation
by the same violator, or the issuance of eight tickets for differing
violations on the same property in one year, the Public Officer can
issue a summary offense citation for subsequent offenses.
E.
Citation fines. 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, or pursuant to this article is issued a summary offense citation,
shall, upon conviction, be ordered to pay a fine of not less than
$300, not more than $1,000, on each offense or be imprisoned no more
than 90 days, or both.
A.
A person in receipt of a violation ticket may appeal to the City
Council by filing an appeal request in writing, on a form to be provided
by the City and located at the City Office, within 15 calendar days
of the date of the issuance of a violation ticket, stating the reasons
for appeal, and accompanied by the appropriate fine amount.
B.
If abatement or other costs were associated with the violation, these
will be posted, along with the appeal.
C.
The appeal will be heard by City Council at the same date and time
as the next scheduled public meeting following the filing of the appeal.
The violator may address the City Council at this public meeting prior
to the City Council voting on the appeal. By majority vote of the
City Council, the appeal may be upheld or denied or the violation
ticket and/or any associated costs, fines or penalty amounts may be
modified. City Council will issue written notice of the decision,
along with any refunds applicable, within 10 days of the hearing.
At the discretion of the City, all tickets and costs of abatement
for which payment is not received within 45 days of issuance may be
turned over by the City to a collections agency for receipt. The City
may place liens on properties wherein a nuisance was removed and abated,
pursuant to 53 P.S. § 7101 et seq.
The penalty and collection provisions of this article shall
be independent, not mutually exclusive, separate remedies, all of
which shall be available to the City 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 City in the case of a violation of any other City of Latrobe
code or ordinance, 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.
Should any section or provision of this article be declared
by a court of competent jurisdiction to be invalid, that decision
shall not affect the validity of this article as a whole or any part
thereof, other than the part so declared to be invalid.
This article shall become effective January 1, 2018.
