[HISTORY: Adopted by the Borough Council of the Borough of Athens 7-10-2000 by Ord. No. 534, approved 7-10-2000 (Ch. 82 of the 1977 Code). Amendments noted where applicable.]
A certain document, three copies of which are on file in the office of the Borough Secretary of the Borough of Athens, being marked and designated as the "International Property Maintenance Code," as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Athens in the State of Pennsylvania, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 399-2 of this chapter.
A. 
Purpose.
[Added 12-14-2015 by Ord. No. 678, approved 12-14-2015]
(1) 
Lack of maintenance of properties, littering, improper storage of trash and rubbish, high grass and weeds, 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 Borough, which reduces business and tax revenue, inhibiting economic development. The quality of life and community pride of the citizens of Athens are negatively impacted by the occurrences and existence of these activities. Recognizing these are community problems, the purpose of this chapter is to promote the health, safety and general welfare of the Borough by helping to create a clean environment for the citizens of Athens.
(2) 
This amendment is adopted to provide a fast track ticket/citation system to ensure compliance.
B. 
General definitions. (This section is an amendment to Section 202 of the International Property Maintenance Code.) The following words, terms, and phrases, when used in this chapter, shall be defined as follows, unless context clearly indicates otherwise:
[Added 12-14-2015 by Ord. No. 678, approved 12-14-2015]
AUTHORIZED LITTER RECEPTACLE
A litter collection receptacle which is placed on the public right-of-way or on public property by the Borough for use by the public to deposit small quantities of handheld trash, but not household or commercial waste.
DEBRIS
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.
DUMPING
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.
LITTER
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, and dirt, mud and yard waste that has been abandoned or improperly discarded, deposited, or disposed.
LOCAL RESPONSIBLE AGENT
Any person residing or working within the County of Bradford designated to accept service on behalf of a legal owner or operator of a rental dwelling unit.
MUNICIPAL WASTE
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.
NOTICE OF VIOLATION
A written document issued to a person in violation of a Borough ordinance which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.
NUISANCE
Any condition, structure, or improvement which constitutes a danger or potential danger to the health, safety, or welfare of citizens of the Borough or causes a blighting effect in Borough neighborhoods. See also "public nuisance."
PRIVATE PROPERTY
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.
PUBLIC NUISANCE
Any conditions or premises which are unsafe, unsanitary or disruptive.
PUBLIC OFFICER/ZONING OFFICER or POLICE
Any police officer or Zoning Officer, or public official designated by the Borough to enforce the Borough ordinances.
RECYCLABLE MATERIAL
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. These materials may include, but not be limited to, aluminum cans, ferrous and bimetal cans, glass containers, plastic bottles and containers, mixed paper, white goods, major appliances, televisions, tires, and large auto parts.
SHADE TREE
Any planted tree located within the right-of-way or tree lawns abutting the public streets and highways of the Borough or on public land (see Chapter 481, Trees, § 481-2).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SIDEWALK AREA
The public right-of-way between the property line and the curbline or the established edge of the roadway.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid, or contained gaseous materials.
STORAGE
The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste, and it shall be presumed that the containment of any municipal waste in excess of three months constitutes disposal.
VEGETATION
Any planting that is cultivated and managed for edible or ornamental purposes, such as vegetable gardens, trees, shrubs, hedges, flowers, etc.
VIOLATION TICKET
A form issued by a police officer or zoning officer to a person who violates a provision of this chapter. The violation ticket is an offer by the Borough of Athens extended to a person to settle a violation by paying the fine in lieu of a citation being issued against the violator.
WEEDS
(1) 
All grasses, annual plants, and vegetation, which meet any of the following criteria:
(a) 
Exceed 12 inches in height.
(b) 
Exhale unpleasant noxious odors or pollen, such as ragweed, dandelion, and miscellaneous other vegetation commonly referred to as "weeds" or "brush."
(c) 
May conceal filthy deposits or serve as breeding places for mosquitoes, other insects, or vermin.
(d) 
Encroach onto neighboring properties by way of leaders or roots without the property owners' consent.
(e) 
May cause a public nuisance.
(2) 
"Weeds" shall not include cultivated and managed vegetation planted for edible or ornamental purposes, such as vegetable gardens, trees, shrubs, flowers, etc.
The following sections are hereby revised:
A. 
In Section 101.1, insert "Borough of Athens."
B. 
In Section 103.6, insert "Fee Schedule is adopted by Council by resolution and is available and posted in the Code Enforcement Office."
C. 
In Section 303.14, insert "April 1 to October 1."
D. 
In Section 602.3, insert "October 1 to April 1."
E. 
In Section 602.4, insert "October 1 to April 1."
F. 
Section 106.3, Prosecution of violation, is amended to read as follows:
[Added 11-13-2000 by Ord. No. 548, approved 11-13-2000]
106.3 Violations and penalties.
1.
Prosecution of ordinance violators; disposition of fines, penalties and costs. Any violation or failure to comply with any provision of any Borough ordinance shall constitute a summary offense, and prosecution for every such offense shall be according to the practice in the case of summary convictions.
2.
Collection of penalties. No fine or penalty shall exceed $1,000 for a violation of a building, housing, property maintenance, health, fire or public safety code or ordinance and for water, air and noise pollution violations and shall not exceed $600 for a violation of any other Borough ordinance.
3.
Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, plus costs of such proceedings, or by imprisonment in the county jail for a term of not more than 30 days, or both. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
G. 
Section 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule: A fee based on the fee schedule adopted by Borough resolution shall be assessed on a case-by-case basis based upon the severity and circumstances of the violation as determined by the Borough Manager or Borough Zoning Officer.
[Added 12-14-2015 by Ord. No. 678, approved 12-14-2015]
H. 
Section 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the Code Official shall be vacated as ordered by the Code Official. Any person who shall occupy a placarded premises or operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment, before the release of condemnation by the third-party code enforcement agency shall be liable to a fine of up to a $1,000. Each day the violation continues will be considered a separate offense.
[Added 12-14-2015 by Ord. No. 678, approved 12-14-2015]
I. 
Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $500.
[Added 12-14-2015 by Ord. No. 678, approved 12-14-2015]
J. 
Section 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 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.
[Added 12-14-2015 by Ord. No. 678, approved 12-14-2015]
K. 
Section 302.4.1 Shrubs and bushes. Bushes and shrubs on all premises and exterior property shall be maintained and kept in good order.
[Added 12-14-2015 by Ord. No. 678, approved 12-14-2015]
L. 
Section 302.4.2 Dangerous trees. Any tree(s) that is (are) considered dangerous by the Borough Zoning Officer or Shade Tree Commission, due to overgrowth, instability, infestation or harmful insects or a dead tree, shall be ordered removed or made safe by the property owner. If the property owner refuses or is unable to remove the unsafe condition, then the Borough has the authority to take appropriate action to make safe the dangerous condition and lien all costs involved to the property owner. All notices and orders shall comply with Section 107 of the IPMC relating to notices and orders. Any person in violation of this order shall be liable to a fine of not more than $1,000. Each day the violation continues is considered a separate offense.
[Added 12-14-2015 by Ord. No. 678, approved 12-14-2015]
[Added 12-14-2015 by Ord. No. 678, approved 12-14-2015]
A. 
Additional violations under the ordinance shall be for the offenses set forth in this section which will supersede the language in the International Property Code:
(1) 
Borough permits to be displayed and followed. All Borough permits shall be displayed in a fashion that makes them visible from the roadway. In cases of demolition, the permit shall be displayed in the back window of a construction vehicle parked on site and visible from the roadway. Should a permittee be unable to comply with this requirement, they shall have to notify the office of Borough Zoning Officer or designee or third-party code inspector and seek immediate authorization/approval. Once the Borough provides notice to a property owner that a permit is necessary, any additional work to the property shall allow the Borough to fine the property owner and/or the person(s) performing the work for violation of this section.
(2) 
Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of waste, trash, rubbish, or garbage.
(3) 
Animal maintenance and waste/feces cleanup. People owning, harboring, or keeping an animal within the Borough of Athens shall not 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.
(4) 
Disposal of rubbish or garbage/dumping. Improper disposal of rubbish or garbage, or dumping or disposing of rubbish or garbage on vacant, unoccupied, or other property.
(5) 
High weeds, grass or plant growth. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants, and vegetation. Cultivated flowers, gardens, trees, and shrubs shall not be included as a violation of this chapter.
(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 on any public property.
(7) 
Ownership presumption of waste, trash, and/or recyclables for illegal dumping and illegal hauling. It shall be the responsibility of every owner and/or occupant to dispose of his or her waste, trash, or recyclables in a proper manner. Any business or person who is unable to show proof that he, she or it has legally disposed of any waste, trash, or recyclables will be in violation of this chapter. Should any person or business use an unlicensed hauler to dispose of his, her or its waste, trash, or recyclables, said person or business shall be in violation of this chapter. Upon request of the public officer, any owner or occupant must show proof of his or her appropriate trash and/or recyclable hauler. If any parts are found within a municipal waste container, recycling container, garbage bag, or loose trash/waste displaying the name and/or address of a person and/or persons, that trash or waste shall be presumed to be the property of such person and/or persons. It shall be unlawful for any person, business, partnership, or entity to remove or haul waste, trash, or recyclables without the proper approval or license. Any waste, trash, or recyclables found not to be disposed of in accordance with this chapter will be a violation of this chapter.
(8) 
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 of Athens is required to remove any snow or ice from his, her or its sidewalk within 24 hours of the cessation of said snow and ice falling. Furthermore, he, she or it must create a path, free from any snow or ice, the entire width of sidewalk.
(9) 
Storage containers for waste or trash. The owner of every premises shall supply approved containers for waste/trash, as well as be responsible for the removal of rubbish. All containers that store waste or trash shall be 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. All containers must be stored in the rear of every property so said containers are not visible from the public right-of-way. Waste/trash containers may only be placed in front of any property when darkness occurs the night before the day of the scheduled waste/trash pickup day. Once the licensed hauler removes the waste/trash from any property, all containers must be returned to the rear of any property before daybreak on the day following pickup.
(10) 
Storing of recyclables. It shall be the responsibility of the owner of all residential, commercial, and industrial property to ensure storage, collection, and disposal of all recyclables from his, her or its property in such a manner as not to create a public nuisance. Storage of recyclables is only allowed in approved containers, which must be kept clean and sanitary at all times.
(11) 
Shrubs and bushes. Bushes and shrubs on all premises and exterior property shall be maintained and kept in good order.
(12) 
Dangerous trees. Any tree that is considered dangerous and unsafe to the public by the Borough Zoning Officer or the Shade Tree Commission, due to overgrowth, instability, infestation, harmful insects or a dead tree.
(13) 
Defacement of property. 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. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
B. 
The authority for issuance of violation ticket for violations under Subsection A for the offenses set forth in Subsection A which will supersede the language in the International Property Code for violations for these offenses set forth under Subsection F: Upon finding any snow violation under the Borough Ordinance of Snow Removal, Chapter 452, concerning removal of snow on sidewalks, under the Borough Nuisance Ordinance regarding high weeds, Chapter 342, in excess of 12 inches, under the Borough Property Maintenance Ordinance regarding Garbage, Chapter 399, under the Borough Ordinance regarding Trees, Chapter 481, any public official, as previously defined herein, may issue violation ticket(s) to the owner and/or occupant of the property at issue or to the individual(s) known to have violated this chapter.
C. 
The enforcement for violations under Subsection A for the offenses set forth in Subsection A which will supersede the language in the International Property Code for violations for these offenses set forth under Subsection F:
(1) 
The provisions of this chapter shall be enforced by the Zoning Officer or police officer, as previously defined herein.
(2) 
Any violation of the provisions of this chapter may be cause for a citation, a violation ticket, and/or a notice of violation to be issued to the violator.
D. 
The service of violation ticket for violations under Subsection A for the offenses set forth in Subsection A which will supersede the language in the International Property Code for violations for these offenses set forth under Subsection F:
(1) 
A violation ticket shall be served upon a violator by handing it to the violator, 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, by leaving or affixing the notice or violation ticket to the property where the violation exists, by handing it at any office or usual place of business of the violator to his/her local responsible agent or to the person for the time being in charge thereof, or by mailing the notice to the violator's address of record.
(2) 
As follows:
(a) 
Written name posting letter, doorknocker, shall be given once to property owner for the specific violation.
(b) 
If property owner does not correct the violation, after written notice shall receive a ticket with a specific fine.
(c) 
If the violation is not taken care of the Borough can correct the violation and file a municipal lien against the property for the Borough's cost of remediation including the Borough's Attorney fees and cost of lien.
(d) 
If the ticket is not paid within 10 days or the violations continues, a citation will be issued.
E. 
Separate offense for violations under Subsection A for the offenses set forth in Subsection A which will supersede the language in the International Property Code for violations for these offenses set forth under Subsection F: Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed.
F. 
Abatement of violations for violations under Subsection A for the offenses set forth in Subsection A which will supersede the language in the International Property Code for violations for these offenses set forth under this Subsection F:
(1) 
Any person or business violating this chapter is hereby directed to satisfy the Borough of Athens and its citizens, upon issuance of a ticket, by correcting the violation in question. A public officer is authorized and empowered to cause a violation to be corrected. The cost shall be determined by the Borough Code Enforcement Officer in order that the Borough shall be compensated for both direct and indirect costs and expenses incurred as adopted by Borough Council Resolution.
(2) 
The Borough of Athens and/or its contractor, per the direction of the Borough, reserves the right to abate the violation in question at the expense of the owner. If the Borough has effected the abatement of the violation, the total cost thereof, to include hourly wages and all items and materials used, 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 ticket, which will also be paid separately.
(3) 
In all instances where the Borough abates the violation, in addition to the fine set forth in the tickets, the Borough is authorized to recover from the offending party, the owner of the property, or tenant the abatement charges and such other charges established by the Borough Code Enforcement Officer and the rules and regulations.
(4) 
Borough of Athens cleanup. The Borough reserves the right to perform any necessary work to abate any violation once 48 hours passes from the date of issuance of the ticket. Should the violation, at the discretion of the Borough Code Enforcement Officer, 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 set forth in the resolution adopted by Council, per man, and forward the cost of any material necessary for the abatement. The Borough reserves the right to charge an additional 10% on all material purchases to cover all miscellaneous expenses, such as wear and tear on equipment.
(5) 
Contractor cleanup. The Borough reserves the right to direct a contractor to perform the abatement of the violation in question once 48 hours passes from the date of issuance of the 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 its work to the Borough of Athens, and the Borough will forward these costs to the violator. The Borough reserves the right to add a 10% processing fee in addition to the cost of the contractor.
G. 
Fines and penalties for violations under Subsection A for the offenses set forth in Subsection A which will supersede the language in the International Property Code for violations for these offenses set forth under Subsection F:
(1) 
Any person who violates this chapter shall pay a fine as set forth herein for each offense, plus all direct and indirect costs incurred by the Borough for the cleanup and abatement of the violation.
Violation
Description
Fine
Payment Due
NEW-001
Borough permit to be displayed, build permit
$25
48 hours
NEW-002
Accumulation of rubbish or garbage
$25
48 hours
NEW-003
Animal maintenance and waste/feces cleanup
$25
48 hours
NEW-004
Disposal of rubbish or garbage; dumping
$25
48 hours
NEW-005
High weeds, grass or plant growth
$25
48 hours
NEW-006
Littering or scattering rubbish
$100
48 hours
NEW-007
Ownership presumption of waste, trash and/or recyclables for illegal dumping and illegal hauling
$100
48 hours
NEW-008
Snow and ice removal from sidewalks
$25
48 hours
NEW-009
Storage containers for waste or trash
$25
48 hours
NEW-010
Shrubs and bushes
$25
48 hours
NEW-011
Dangerous trees
$100
48 hours
NEW-012
Defacement of property
$150
48 hours
(2) 
Failure of the person to make payment within 10 days of the date of a violation ticket shall result in the filing of a citation, for failure to pay, with the Magisterial District Judge.
(3) 
If violations are continuous or egregious, code officials have the right to issue citations without first issuing tickets, provided notice has been given. Notice can be given with a letter, door knocker or posting the premises.
(4) 
If violations are for failure to remove snow and the property owner has previously received notice or is guilty of a violation and fails to remove the snow within 24 hours they will be issued a ticket and/or a citation without any further notice.
H. 
Citation fines for violations under Subsection A for the offenses set forth in Subsection A which will supersede the language in the International Property Code for violations for these offenses set forth under Subsection F: Any person, firm, or corporation who shall fail, neglect, or refuse to comply with any of the terms or provisions of this chapter, or of any regulation or requirement pursuant hereto and authorized hereby, 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 less than $300 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 chapter 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 chapter in equity in the Court of Common Pleas of Bradford County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
I. 
Restitution, costs and attorney's fees for violations under Subsection A for the offenses set forth in Subsection A which will supersede the language in the International Property Code for violations for these offenses set forth under Subsection F: 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 attorneys' fees associated with the prosecution of the same.
Ordinance Number 455 of the Borough of Athens entitled "Property Maintenance" and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Nothing in this chapter 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 § 399-4 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Added 12-14-2015 by Ord. No. 678, approved 12-14-2015]
A. 
All relevant ordinances, regulations, and policies of the Borough of Athens, Pennsylvania, not amended shall remain in full force and effect.
B. 
Any ordinance or part of an ordinance conflicting with the provisions of this chapter shall be subordinate to this chapter to the extent of such conflict, and the language contained in the article shall control.
[Added 12-14-2015 by Ord. No. 678, approved 12-14-2015]
A. 
If any section, clause, provision or portion of this chapter shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this chapter so long as it remains legally enforceable minus the invalid portion.
B. 
The Borough reserves the right to amend this chapter or any portion thereof from time to time as it shall deem advisable in the best interests of the promotion of the purposes and intent of this chapter and the effective administration thereof.
[Added 12-14-2015 by Ord. No. 678, approved 12-14-2015]
This chapter shall be effective on the date of enactment.