[HISTORY: Adopted by the Borough Council of the Borough of
North East 5-6-2019 by Ord. No.
908. Amendments noted where applicable.]
The caption and preamble of this chapter set forth above[1] are incorporated herein by reference.
[1]
Editor's Note: The caption and preamble are included in the
complete copy of Ord. No. 908, which adopted the provisions in this
chapter and is on file in the Borough offices.
In the interpretation of this chapter, the present tense includes
the future; the singular number includes the plural and the plural
includes the singular; and the word "person" includes natural person,
property owner, company, trust, individual, partnership, firm, association,
corporation, or entity of any kind. The following terms shall have
the definitions assigned:
The Borough of North East, Erie County, Pennsylvania.
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.
The presence of insects, rodents, vermin and/or other pests.
Plot, tract, 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 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 commercial 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.
Any open space on the same lot with a building and, for the
most part, unobstructed from the ground up.
The provisions of this chapter shall supplement local laws,
ordinances or regulations existing in the Borough or those of the
Commonwealth of Pennsylvania. Where a provision of this chapter 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
provision which is more restrictive or which establishes the higher
standard shall prevail.
A.
No owner of any building or structure shall fail to take such steps
and perform such maintenance with respect thereto, as may be required
from time to time, to ensure that the property is safe, sound, sanitary
and secure and does not present a health and/or safety hazard to surrounding
properties or to the general populace.
B.
No owner of any unoccupied building or structure shall fail to take
such steps as may be required to insure that the same are securely
closed so as to prohibit and deter entry thereto and to insure that
no health and/or safety hazard, or threat thereof, is precipitated
due to a lack of maintenance or due to neglect.
C.
Owners of any and all unoccupied buildings and/or structures which,
through neglect, have deteriorated to the point of being classified
as unoccupied hazards, and therefore constitute a severe health and/or
safety hazard, shall, upon direction of the North East Borough Council,
the Borough Code Enforcement Officer, or other authorized official
or body, remove, or cause the removal of, the building and/or structure.
D.
All structural members shall be maintained free from deterioration
and shall be capable of safely supporting the imposed dead and live
loads.
E.
All foundation walls shall be maintained plumb and free from open
cracks and breaks and shall be kept in such condition so as to prevent
the entry of rodents and other pests.
F.
All exterior walls shall be free from holes, breaks, and loose or
rotting materials; and maintained weatherproof and properly surface
coated where required to prevent deterioration. Exterior walls shall
be comprised of materials having the same or similar color and quality.
G.
The roof and flashing shall be sound, tight and not have defects
that admit rain. Roof drainage shall be adequate to prevent dampness
or deterioration in the walls or interior portion of the structure.
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.
H.
All cornices, belt courses, corbels, terra-cotta trim, wall facings
and similar decorative features shall be maintained in good repair
with proper anchorage and in a safe condition.
I.
All overhang extensions, including, but not limited to, canopies,
marquees, signs, metal awnings, fire escapes, standpipes and exhaust
ducts shall be maintained in good repair and be properly anchored
so as to be kept in a sound condition. When required, all exposed
surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
J.
Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed
loads.
K.
All chimneys, cooling towers, smoke stacks, and similar appurtenances
shall be maintained structurally safe and sound, and in good repair.
All exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
L.
Every handrail and guard shall be firmly fastened and capable of
supporting normally imposed loads and shall be maintained in good
condition.
M.
Every window, skylight, door and frame shall be kept in sound condition,
good repair and weathertight.
N.
All glazing materials shall be maintained free from cracks and holes.
O.
All exterior doors, door assemblies and hardware shall be maintained
in good condition. Locks at all entrances to dwelling units shall
tightly secure the door.
P.
Every basement hatchway shall be maintained to prevent the entrance
of rodents, rain and surface drainage water.
A.
Fences and/or minor structures shall not be constructed and maintained
so as to present a safety or health hazard to persons and/or property.
B.
No person shall permit the development or accumulation of hazards,
rodent harborage and/or infestation upon yards, courts, lots.
C.
With the exception of approved stormwater retention areas, all lots
and yards shall be graded and maintained to prevent the erosion of
soil and to prevent the accumulation of stagnant water thereon, or
within any structure located thereon.
D.
No person shall permit the accumulation of heavy undergrowth and/or
vegetation which would impair the heath 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 hazard
to pedestrian and/or vehicular traffic. All vegetation shall comply
with Zoning Ordinance No. 903[1] standards for line-of-sight visibility.
E.
All premises and exterior property shall be maintained free from
weeds or plant growth in excess of six inches. All noxious weeds shall
be prohibited. "Weeds" shall be defined as all grasses, annual plants
and vegetation, other than trees or shrubs; provided, however, this
term shall not include cultivated flowers and gardens.
A.
All structures, lots and yards shall be kept free from rodents and
other wild and feral animal harborage and infestation. Where rodents
or wild or feral animals are found, they shall be promptly exterminated
or removed by processes which will not be injurious to human health.
After extermination or removal, proper precautions shall be taken
to eliminate such harborage and prevent re-infestation.
B.
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse in accordance with Chapter 382, Solid Waste, of the Code of the Borough of North East.
C.
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.
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; provided that nothing herein shall be
construed so as to permit any act or practice otherwise prohibited
by the Borough of North East.
D.
The maintenance or storage by an owner or lessee of a motor vehicle
which is unable to move under its own power and which motor vehicle
has rusted, broken or sharp edges; missing tires or other components
resulting in unsafe suspension of the motor vehicle; ripped upholstery
or other conditions which could permit vermin harborage; has leaking
or damaged oil pan, gas tank or other fluid container; or such other
defects which the Borough Code Enforcement Officer may upon investigation
determine threaten the health, safety and welfare of the citizens
of the Borough of North East.
Any occupant of a premises shall be responsible for compliance
with the provisions of this chapter with respect to the maintenance
of that part of the premises which he/she occupies and/or controls
pursuant to the terms of the contract/agreement under which he/she
occupies and/or controls thereof.
A.
Owner(s) of premises shall comply with the provisions of this section,
as well as operators and occupants, regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B.
In instances where an occupant is responsible, or shares responsibility
with an owner, for the existence of one or more violations of this
section, said occupant shall be deemed responsible and treated as
if an owner within the true intent and meaning of this chapter.
If in the opinion of the Borough Code Enforcement Officer the
owner and/or occupant is out of compliance with the standards in this chapter,
the owner and/or occupant shall receive a warning letter from the
Borough Code Enforcement Officer or other authorized representative
describing the violation(s). If the owner and/or occupant does not
resolve the problem to the satisfaction of the Borough Code Enforcement
Officer by the deadline established by the Borough Code Enforcement
Officer, the Borough Code Enforcement Officer shall move ahead with
the formal citation process. The owner and/or occupant shall be notified
by certified mail, or through personal service, of said violation
or violations. In the event that the owner and/or occupant cannot
be personally served or notified by certified mail after reasonable
efforts to do so, the Borough Code Enforcement Officer is authorized
to post the property, which shall constitute proper notice under this chapter.
The citation shall be in writing and shall identify the premises and
shall cite the specific violation or violations. The notice shall
direct the owner and/or occupant to correct the deficiency and/or
deficiencies within a reasonable period of time as specified in said
notice and shall inform the owner and/or occupant of the fines and
penalties which may accrue upon the failure to comply. The notice
shall also specify that, in lieu of or in addition to fines and penalties,
and subsequent to the period of time specified in said notice, the
Borough of North East 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. A copy of said notice shall be posted in a conspicuous
place on the subject premises and at the Borough of North East; Borough
Hall; 31 West Main Street; North East, PA 16428.
The owner and/or occupant shall correct any and all noted deficiencies
within such period of time as may be specified in the notice. Extension
of such specified period of time may be granted by the Borough of
North East, in its sole discretion upon good cause shown. Failure
to comply with any such notice within the time specified shall constitute
a violation of this chapter, with each separate day during which a
violation continues to exist constituting a separate violation.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be sentenced to
pay a fine not exceeding $1,000, together with costs of prosecution,
or to undergo imprisonment for a term not to exceed 30 days, or both.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
section.
The Borough Code Enforcement Officer may enter, or may cause,
through an authorized representative of the Borough of North East,
entry onto premises for the purpose of inspection of any and all premises,
properties, buildings and/or structures located within the Borough
of North East, upon reasonable (i.e., twenty-four-hour) advance notice,
for the purpose of ascertaining the existence of violations. In those
matters where the nature of an alleged violation is such that an inspection
of the interior of a building or structure is necessitated, prior
arrangements must be made with the owner, the occupant or their agents,
to secure access thereto.
This chapter shall become effective immediately upon enactment
hereof.
