[HISTORY: Adopted by the Mayor and Council of the Borough
of Blawnox as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-14-2017 by Ord. No. 590]
A certain document, three copies of which are on file in the office of the Borough Manager of Blawnox Borough, being marked and designated as the International Property Maintenance Code, 2015 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Blawnox Borough, in the Commonwealth of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of Blawnox Borough are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 410-2 of this article.
The following sections of the 2015 IPMC are hereby revised:
A.
Section 101.1, insert "Borough of Blawnox."
B.
Section 103.5, insert: "Fees will be established by resolution of
the Council from time to time."
C.
Section 112.4, insert: "Fine of not less than $50 nor greater than
$1,000."
D.
Section 302.4, insert: "Weeds or grass growth not to exceed six inches
in height; plant growth to the discretion of Borough Code Enforcement
or Public Safety Officer."
E.
Section 301.14, omit.
F.
Section 602.3, insert: "Every owner of a rental unit shall provide
heat at or above 68° in all habitable rooms."
G.
Section 602.4, insert: "Indoor occupiable work spaces shall be supplied
with heat at or above 65°."
Ordinance No. 579 of the Borough of Blawnox, entitled "Adopting
the 2009 International Property Maintenance Code," and all other ordinance
or parts of laws in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phase of this
article is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this article.
The Borough Council hereby declares that it would have passed this
article, and each section, subsection, clause or phrase thereof, irrespective
of the fact that any one or more sections, sentences, clauses and
phrases be declared unconstitutional.
Nothing in this article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 410-3 of this article, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
This article and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
and be in full force and effect 30 days from and after the date of
its final passage and adoption.
[Adopted 6-13-2019 by Ord. No. 608]
This article shall be known as the "Borough of Blawnox Quality
of Life Ordinance."
The lack of maintenance of properties, littering, improper storage
of trash and rubbish, storage of inoperable/nonregistered vehicles,
and accumulation of snow and ice are costly problems that negatively
impact the public health, safety, and general welfare of the Borough
residents and their guests, and contribute to the deterioration of
property values and general disorder in the Borough. 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 the Borough 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 Blawnox.
The provisions of this article shall apply to all existing and
future properties and fixtures.
A.
ABANDONED MOTOR VEHICLE
(1)
(2)
(3)
(4)
ADDRESS
ADULT
DEBRIS
DUMPING
DWELLING UNIT
GARBAGE
INDOOR FURNITURE
JUNK MOTOR VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
LITTER
NUISANCE
OCCUPANT
PUBLIC OFFICER
RECYCLABLE MATERIAL
RIGHT-OF-WAY
WASTE
The following words, terms, and phrases when used in this article
shall be defined as follows, unless the context clearly indicates
otherwise:
Any motor vehicle that:
Is inoperable and is left unattended on public property for
more than 48 hours; or
Has remained illegally on public property for a period of more
than 48 hours; or
Is left unattended on or along a public highway without a valid
registration plate or valid and current inspection; or
Has remained on private property without the consent of the
owner or person in control of the property for more than 48 hours.
Any numerical sign, placard or any other display which identifies
the street address of any dwelling unit or structure.
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 or rodents.
Includes, but is not limited to, depositing of litter, depositing
durable goods (refrigerators, washers, dryers, televisions, air-conditioning
units, etc.), small appliances, furniture, carpets, tires, vehicles,
vehicle parts and automotive products or 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.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Any and all pieces of furniture, which are made only for
inside use, including, but not limited to, upholstered chairs, couches,
sofas, etc.
Any motor vehicle which is either unable to move under its
own power or does not have a valid registration plate and a valid
and current inspection sticker, or has any of the following physical
defects:
Broken windshields, mirrors or other glass;
One or more flat or open tires or tubes;
Missing doors, windows, hood, trunk, or other body parts;
Any body parts with sharp edges, including holes resulting from
rust;
Missing tires;
Disassembled chassis parts apart from the motor vehicle stored
in a disorderly fashion or loose in or on the vehicle;
Broken vehicle frame suspended from the ground in an unstable
manner;
Leaking or damaged oil pan or gas tank which could cause fire
or explosion;
Exposed battery containing acid;
Open or damaged floorboards, including trunk and firewall;
Damaged bumpers pulled away from the perimeter of the vehicle;
Broken grill with protruding edges;
Such other defects that could threaten the health, safety and
welfare of the citizens of the Borough of Blawnox.
If a vehicle is tarped or covered and the owner or person responsible
for said vehicle refuses to remove the tarp for the proper Borough
official, the vehicle shall be considered to be an abandoned or junk
motor vehicle.
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, dirt, mud and yard waste that has been abandoned or improperly
discarded, deposited or disposed of.
Any activity, conduct or condition which causes injury, damage,
hurt, inconvenience, annoyance or discomfort to the public as necessarily
comes in contact with such activity, conduct, or condition, and which
adversely affects the same's safety, health, morals, or general
welfare, including aesthetics.
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 police officer, authorized inspector, or public official
designated by Mayor or Council to enforce Borough 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.
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.
B.
Any terms not defined herein shall have their ordinary meanings.
The following shall be considered a quality of life violation:
A.
Accumulation of rubbish, garbage, junk or litter. It shall be unlawful
for any person, business or entity to allow the accumulation of rubbish,
debris or garbage upon their property or premises, including but not
limited to the following:
(1)
All exterior property and premises, and the interior of every structure,
shall be kept free from any accumulation of waste, trash, rubbish,
debris or garbage.
(2)
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, TVs, computers or electronic components,
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 purposes of keeping the
item on the exterior of the property for a period of less than 24
hours for the purpose of maintaining the item or removing the item
from the real property.
(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.
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 which must be kept clean and sanitary at all
times.
D.
Storage containers for waste or trash.
(2)
All containers must be stored so that said containers are not visible
from the public-right-of-way.
(3)
Waste/trash containers may only be placed in front of any property
after 5:00 p.m. the night before the day of the scheduled pickup day,
and all containers must be returned to their storage area before 9:00
p.m. on the day of pickup.
E.
Littering, scattering rubbish or dumping.
(1)
No person shall throw, dump, place, sweep or dispose of any litter,
waste, trash, garbage, tobacco product or rubbish upon any public
sidewalk, alley, street, bridge, public passageway, public parking
area, right-of-way or on any public property.
(2)
The improper disposal of rubbish or garbage or dumping or disposing
of rubbish or garbage on vacant, unoccupied, or other property is
prohibited.
F.
G.
Placement or littering by private advertising matter.
(1)
No person shall throw, place, sweep or dispose of litter or private
advertising matter 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. People owning, harboring,
keeping or responsible for an animal within the Borough of Blawnox:
(1)
Shall not permit them to run at large or make unreasonable noise.
(2)
Shall not allow waste matter/feces from the animal to collect or
remain on their property so as to cause or create an unhealthy, unsanitary,
dangerous or offensive living condition and shall clean it up on a
daily basis.
(3)
Shall clean up waste matter/feces from the animal deposited anywhere
else in the Borough immediately.
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 Police Department, and/or Code Enforcement
of the Borough 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 or plant growth in excess of six inches, as defined herein, 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 Chapter 410, Property Maintenance, Article I, Adoption of Standards, of the Code of the Borough of Blawnox, and the provisions of the International Property Maintenance Code adopted therein and any violation thereof shall be considered a violation of this article and may also be enforced and ticketed as such.
K.
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 is required to remove any snow or
ice from their sidewalk within 24 hours after the cessation of snowfall.
L.
Swimming pools shall be maintained in good repair at all times. They
shall also be kept clean, safe, sanitary, and covered when not in
regular use.
M.
Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound, in good repair, and in compliance with Chapter 410, Property Maintenance, Article I, Adoption of Standards, and the provisions of the International Property Maintenance Code adopted therein. Any violation of Chapter 410, Property Maintenance, Article I, Adoption of Standards, shall be considered a violation of this article and may also be enforced and ticketed as such.
N.
Water diversion.
(1)
No person shall cause water collected in a gutter or gutter system
to be deposited onto the public right-of-way.
(2)
No person shall cause a pump, whether a sump pump or otherwise, to
deposit water onto the public rights-of-way.
(3)
No person shall cause for groundwater, stormwater, wastewater or
any other source of water to be deposited onto the public rights-of-way.
P.
Proper identification of properties. All persons owning or occupying
structures located on property situated in the Borough of Blawnox
shall maintain adequate numerical signs or other display apparatus,
that signifies the structure's proper street address. The displays
shall show the proper street number in its entirety. Numerical displays
shall be positioned in a manner, affixed to the structure, to be visible
from the public right-of-way. It shall be unlawful for persons owning
or occupying a structure to fail to install and/or maintain displays
as set forth above.
Q.
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. If maintenance is being performed,
or if the items are actively being sold in a yard sale, the items
shall not be left unattended.
R.
Defacement of property.
(1)
No person shall willfully or wantonly damage, mutilate or deface
any exterior surface of any structure or building on any private or
public property by placing thereon any marking, carving or graffiti.
(2)
It shall be unlawful for any property owner to fail to restore any
surface that exhibits any mutilation or defacement on any exterior
surface on any structure they own located in the Borough of Blawnox.
Upon finding a quality of life violation, any public officer
of the Borough of Blawnox appointed by the Mayor and/or Borough Council
of the Borough of Blawnox may issue quality of life violation tickets
and/or citations to the owner and/or occupant of the property at issue
or to the individual known to have violated this article.
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 notice or violation ticket conspicuously to 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 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 violation ticket
may be issued and fine imposed.
Public officers are hereby authorized to promulgate rules and
regulations to implement and supplement the provisions of this article.
A.
Any person or business violating this article is hereby directed
to, upon issuance of a quality of life ticket, correct the violation
in question. Public officers are authorized and empowered to cause
a violation to be corrected.
B.
The Borough of Blawnox 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. Should the violation,
at the discretion of the appropriate officer(s), 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. 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.
If the Borough has abated 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.
Contractor cleanup. The Borough 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 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 his work to the Borough of Blawnox, and the Borough will
forward these costs to the violator. The Borough reserves the right
to add an administrative fee of 20% of the cost of the contractor's
bill.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
For the first instance of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amount of $25.
B.
For the second violation of this article within a twelve-month period,
violations tickets shall be issued in the amount of $50.
C.
For the third violation of this article within a twelve-month period,
violations tickets shall be issued in the amount of $100.
D.
Upon issuance of three tickets under this article, the Borough reserves
the right to issue a citation for each subsequent offense.
A.
If the person or entity in receipt of a $25 violation does not pay
the fine or request a hearing within 10 calendar days, the person
or entity will be subject to a $10 penalty. Any person or entity who
does not pay the fine within 20 calendar days will be subject to an
additional $20 penalty.
B.
If the person or entity in receipt of a $50 violation does not pay
the fine or request a hearing within 10 calendar days, the person
or entity will be subject to a $20 penalty. Any person or entity who
does not pay the fine within 20 calendar days will be subject to an
additional $40 penalty.
C.
If the person or entity in receipt of a $100 violation does not pay
the fine or request a hearing within 10 calendar days, the person
or entity will be subject to a penalty of $50. Any person or entity
who does not pay the fine within 20 calendar days will be subject
to an additional $75 penalty.
D.
A person or entity that fails to make payment within 30 calendar
days of a violation ticket in any amount shall be issued a citation
for failure to pay.
A.
A person in receipt of a violation ticket may appeal to the Borough
Council by filing an appeal request, in writing, on a form to be provided,
within 10 calendar days of the date of the 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 addressed by Borough Council at the next scheduled
public meeting following the filing of the appeal. The violator may
address the Borough Council at this public meeting prior to the Borough
Council voting on the appeal. By majority vote of the Borough Council,
the appeal may be upheld, denied, or the violation ticket and/or any
associated costs, fines or penalty amounts modified. Borough Council
will issue written notice of the decision, along with any refunds
applicable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
The Magisterial District Judge may order the violator to make
restitution where appropriate, to pay the Borough's costs of
collection/citation proceedings, and to pay the Borough's reasonable
attorney's fees associated with the prosecution of the same.
At the discretion of the Borough, all tickets and costs of abatement
for which payment is not received within 45 days of issuance may be
turned over by the Borough to a collections agency for receipt. The
Borough 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 section shall
be independent, nonmutually exclusive separate remedies, all of which
shall be available to the Borough of Blawnox 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 Borough of Blawnox
ordinance, whether or not such other code or ordinance is referenced
in this article and whether or not ongoing violation of such other
code or ordinance is cited as the underlying ground for a finding
of a violation of this article.
The terms, provisions and applications of this article are severable.
If any provision of this article or application thereof to any person
or circumstance is held invalid, such holding shall not affect the
remaining provisions or applications of this article. The remaining
provisions and/or applications of this article shall remain in full
force and effect without the invalid provision or application.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed to the extent of such inconsistency.
This article shall become effective immediately upon approval,
because it is an ordinance providing for the preservation of public
peace, health, morals, and safety.
