[Adopted by Ord. No. 312, 5/20/2019]
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 contribute to the deterioration of property
values and general disorder in a community. These problems degrade
the physical appearance of the City, which reduces business and tax
revenue and inhibits economic development. The quality of life and
community pride of the citizens of the City are negatively impacted
by the occurrences and existence of these activities. Recognizing
these are community problems, the purpose of this Part is to promote
the health, safety and general welfare of the City by helping to create
a clean environment for the citizens of the City.
The provisions of this Part are intended to be interpreted and
applied in conjunction with the various provisions of the City Code
which regulate the same conduct proscribed by this Part. The provisions
of this Part are not intended to replace or supersede any provisions
of the City Code which regulate the same subject matter.
The following words, terms, and phrases, when used in this Part,
shall be defined as follows, unless the context clearly indicates
otherwise:
The City of St. Marys.
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 by law.
Waste which would be chemically or physically classified
as a hazardous waste, but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection, and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations. Such HHW materials meet one of the
following four classifications: toxic, flammable, reactive, or corrosive.
HHW consists of numerous products that are common to the average household
such as: pesticides and herbicides, cleaners, automotive products,
paints, and acids.
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
and the like.
Includes, but is not limited to, all waste material, garbage,
trash, e.g., waste paper, 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 and dirt, mud and yard waste that has been abandoned or improperly
discarded, deposited, or disposed.
Any person designated by a property owner to accept service
on behalf of a legal owner or operator of a rental dwelling unit.
A local responsible agent must be a resident of or work within the
County of Elk.
A vendor or seller of food and/or goods from a vehicle or
other conveyance upon the public streets or alleys of the City that
does not typically remain stationary for more than approximately 10
minutes each hour.
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.
A motor vehicle with one or more of the following defects:
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 or organic waste.
A written document issued to a person in violation of a City
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the City, or causes a blighting effect in City neighborhoods.
See also "public nuisance."
Owners, lessees and occupants of residences, commercial or
institutional establishments.
Any land and the improvements thereon owned by any person
and includes front, side, and rear yards; vacant lots, buildings,
and other structural improvements; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial, or commercial purposes, whether inhabited, temporary,
continuously uninhabited, or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox belonging to or
appurtenant to such dwelling, house, building, or other structure.
Any conditions or premises which are unsafe or unsanitary.
Any police officer, City Inspector, Code Official, or Code
Enforcement Officer designated by the City to enforce the City Code.
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 discarded material or other waste, including solid, semisolid
or contained gaseous or liquid materials resulting from construction,
industrial, mining and agricultural operations, excluding municipal
water and sewer operations or otherwise being classified as municipal
waste.
The containment of any municipal waste, rubbish, residual
waste, litter, hazardous waste, or garbage on a temporary basis in
such a manner as not to constitute permanent disposal of such waste.
A form issued by a Public Officer of the City to a person
who violates a provision of this Part. The violation ticket is an
offer by the City extended to a person to settle a violation by paying
the fine in lieu of a citation being issued against the violator.
All grasses, annual plants and vegetation which meet any of
the following criteria:
Exceed 10 inches in height.
Exude unpleasant noxious odors or pollen such as ragweed, dandelion,
and miscellaneous other vegetation commonly referred to as "weeds"
or "brush."
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
May cause a public nuisance.
"Weeds" shall not include cultivated and managed vegetation
planted for edible or ornamental purposes such as vegetable gardens,
trees, shrubs, flowers, and the like.
An open space on the same lot with a structure.
1.
Accumulation of Rubbish or Garbage. No person shall cause or permit
the exterior of any property or premises, or the interior of any structure,
to accumulate litter, waste, trash, rubbish, or garbage.
2.
Animal Maintenance and Waste/Feces Cleanup. No person owning, harboring,
or keeping an animal within the City shall permit any waste matter/feces
from the animal to collect and remain on the property so as to cause
or create an unhealthy, unsanitary, dangerous or offensive living
condition. All waste from animals must be cleaned up on a daily basis.
3.
Disposal of Rubbish or Garbage/Dumping. No person shall cause or
permit the improper disposal of rubbish or garbage, or dumping or
disposing of rubbish or garbage on vacant, unoccupied, or other property.
4.
Outdoor Burning. No person shall cause or permit the burning of any
waste, trash, garbage, litter or rubbish upon any public or private
property.
5.
High Weeds, Grass or Plant Growth. No person shall cause or permit
the existence of weeds on private property.
6.
Littering or Scattering Rubbish. No person shall throw, dump, place, sweep, or dispose of any waste, trash, garbage, or rubbish upon any public sidewalk, alley, street, bridge, public passageway, public parking area, or other public property. No person shall cause or permit the deposit of any materials in violation of Chapter 6, Part 3, § 306 of the City Code.
7.
Motor Vehicles. No person shall cause or permit the existence of a motor vehicle nuisance on private property or store a motor vehicle in violation of Chapter 10, Part 4, §§ 402 and 403 of the City Code. No motor vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled outdoors. Painting of vehicles is prohibited unless conducted inside an approved PA D.E.P. spray booth.
8.
Outside Placement of Indoor Appliances/Furniture. No person shall
cause or permit the storage or placing of any appliances or indoor
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, except for the purpose of temporary maintenance or
overnight for the purpose of garbage collection.
10.
Storage Containers for Waste or Trash. No person shall cause or permit
the storage of waste/trash, debris, municipal waste except in containers
that are durable, watertight, and made of metal or plastic. Containers
must have tight-fitting covers, and must be kept clean and odor free
at all times.
11.
Storing or Discarding of Appliances. No person shall cause or permit
the outside storage of refrigerators and similar equipment, including,
but not limited to, washers, dryers, dishwashers, and ranges not in
operation to be discarded, stored, or abandoned on any premises without
first removing the doors.
12.
Storing of Hazardous Material. No person shall cause or permit the
storage of 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 applicable law.
14.
Swimming Pools. No person shall cause or permit a condition to exist
where the water in a swimming pool becomes unsanitary, creates a danger
of injury to children or is likely to serve as a breeding ground for
mosquitos and other noxious insects.
Any public officer may issue a violation ticket to the owner,
local responsible agent or occupant of the property on which a violation
of this Part has occurred.
1.
A violation ticket shall be served in any of the following manners:
A.
By handing it to the violator;
B.
By handing it at the residence of the person to be served to an adult
member of the household or other person in charge of the residence;
C.
By leaving or affixing the notice or violation ticket to the property
where the violation exists;
D.
By handing it at any office or usual place of business of the violator
to his/her agent or local responsible agent, or to the person for
the time being in charge of the premises or business; or
E.
By mailing the notice to the violator's address of record.
Each day that a violation continues or is permitted to continue
shall constitute a separate offense for which a separate fine may
be imposed.
1.
Nothing in this Part shall be construed to relieve the owner or occupant
of any property from responsibility to abate or remediate any violation
of this Part.
2.
In the event that an owner or occupant of any property fails to fully
abate or remediate a violation of this Part after receiving an enforcement
notice from the City Code Enforcement Officer, the City reserves the
right to abate or remediate the violation in question at the expense
of the owner, to be collected in the same manner as any municipal
claim.
3.
If the violation presents an imminent danger of injury, health hazard
or risk, the City reserves the right to perform the abatement or remediation
immediately and without prior notice to the owner or occupant. The
cost of this work shall be charged to the owner at the actual rates
for manpower, equipment and materials used in performing the work.
4.
The City reserves the right to direct a contractor to perform the
abatement or remediation of the violation. The cost of this work shall
be charged to the owner and collected in the same manner as any municipal
claim.
1.
For the first offense of a violation of this Part within a twelve-month
period, violation tickets shall be issued in the amounts of $25 or
$50, as set forth on the chart below.
2.
For the second offense of a violation of this Part within a twelve-month
period, violation tickets shall be issued in the amounts of $50 or
$100, as set forth on the chart below.
3.
For the third offense of a violation of this Part within a twelve-month
period, violation tickets shall be issued in the amounts of $100 or
$200, as set forth on the chart below.
4.
For each offense subsequent to three offenses of this Part within
a twelve-month period, amounts of violation tickets shall increase
in increments of $100, up to a maximum of $500.
|
Violation
|
Description
|
Fine No. 1
|
Fine No. 2
|
Fine No. 3
|
|---|---|---|---|---|
|
QOL-001
|
Accumulation of rubbish or garbage
|
$25
|
$50
|
$100
|
|
QOL-002
|
Animal maintenance and waste/feces cleanup
|
$25
|
$50
|
$100
|
|
QOL-003
|
Disposal of rubbish or garbage dumping
|
$25
|
$50
|
$100
|
|
QOL-004
|
Burning garbage, rubbish, trash, litter, waste
|
$25
|
$50
|
$100
|
|
QOL-005
|
High weeds, grass, or plant growth
|
$25
|
$50
|
$100
|
|
QOL-006
|
Littering or scattering of rubbish
|
$50
|
$100
|
$200
|
|
QOL-007
|
Motor vehicles
|
$25
|
$50
|
$100
|
|
QOL-008
|
Outside placement of indoor appliances/furniture
|
$25
|
$50
|
$100
|
|
QOL-009
|
Snow and ice removal from sidewalks
|
$25
|
$50
|
$100
|
|
QOL-010
|
Storage containers for waste or trash
|
$25
|
$50
|
$100
|
|
QOL-011
|
Storing or discarding of appliances
|
$25
|
$50
|
$100
|
|
QOL-012
|
Storing of hazardous materials
|
$25
|
$50
|
$100
|
|
QOL-013
|
Storing of recyclables
|
$25
|
$50
|
$100
|
|
QOL-014
|
Swimming pools
|
$25
|
$50
|
$100
|
|
QOL-015
|
Violating the terms of any transient retail license
|
$50
|
$100
|
$200
|
1.
If the person in receipt of a violation ticket of $25 does not pay
the fine or request a hearing within 15 days, the person will be subject
to a penalty of $10 for the days 16 through 30.
2.
If the person in receipt of a violation ticket of $50 does not pay
the fine or request a hearing within 15 days, the person will be subject
to a penalty of $20 for days 16 through 30.
3.
If the person in receipt of a violation ticket of $100 or higher
does not pay the fine or request a hearing within 15 days, the person
will be subject to a penalty of $50 for days 16 through 30.
4.
Failure of the person to make payment or request a hearing within
30 days of a violation ticket shall make the person subject to a citation
for failure to pay.
5.
Nothing contained within this Part shall prohibit a public officer
from filing a citation or other proceeding for violation of any relevant
provisions of the City Code.
Any person who shall fail, neglect, or refuse to pay a violation
ticket or to otherwise comply with any of the terms or provisions
of this Part shall, upon conviction thereof in a summary proceeding,
be ordered to pay a fine of not less than $100 and not more than $1,000
for each offense, or to be imprisoned for a period of not more than
90 days, or both.
1.
A person in receipt of a violation ticket may appeal to the City
Manager by filing a request, in writing, on an appeal form designated
by the City with the City Manager within 15 calendar days of the date
of service of the violation ticket. Payment of the fine must be made
at the same time as filing the appeal form.
2.
The City Manager will schedule a hearing on the appeal within 15
days after the appeal form is filed and shall provide the appellant
with written notice of the hearing at least seven days before the
hearing date.
3.
The City Manager shall render a written notice of the decision on
the appeal within seven days after the appeal hearing. If the appeal
is granted, the amount of the fine shall be immediately refunded to
the appellant.
The City shall have the right to collect all fines, costs and
other sums due under this Part by filing a municipal claim against
the property as provided by law or to refer the claims for collection
by a collection agency.
If any provision, paragraph, word, section, or subsection of
this Part is invalidated by any court of competent jurisdiction, the
remaining provisions, paragraphs, words, sections, or subsections
shall not be affected and shall remain in full force and effect.
This Part shall be effective immediately upon passage and approved
in the manner prescribed by law.
