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City of Latrobe, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Latrobe 9-8-2014 by Ord. No. 2014-6.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fee schedules — See Ch. 3, § 3-48.
Administration and enforcement — See Ch. 98.
Electrical standards — See Ch. 121.
Mechanical standards — See Ch. 137.
Mobile homes and mobile home parks — See Ch. 140.
Plumbing standards — See Ch. 147.
Trees — See Ch. 160.
Zoning — See Ch. 166.
[1]
Editor's Note: This ordinance also repealed former Ch. 132, Housing Standards, adopted 7-13-1981 by Ord. No. 1981-2 as Ch. XI, Part 1, of the 1981 Code, as amended.
The Council of the City of Latrobe hereby adopts and incorporates in its Code of Ordinances by reference the International Property Maintenance Code of 2012 (hereinafter "the Property Code") in its entirety, which shall include, but not be limited, to Chapter 8, Referenced Standards. The Property Code adopted herein is subject to those amendments, changes or deletions hereinafter set forth.
The Property Code herein adopted by reference in this chapter is amended to include the following new provisions:
A. 
There shall be added to Part 2, Administration and Enforcement, the following sections:
104.7 Inspection of properties allegedly in violation of the Property Code, vacant properties or abandoned properties; intent.
The Code Officer, from time to time, may become aware of properties which are in violation of the Property Code, or are vacant or abandoned, and which may have Property Code violations that result in health and safety hazards to citizens of the community. These health and safety hazards include, but are not necessarily limited to, roof water leakage causing deterioration to the structural components which may result in ultimate collapse; infestation by vermin and other disease-carrying animals; deterioration of the electrical system which may lead to a potential fire hazard; deterioration of the plumbing system which may lead to water leakage and other types of deterioration; and accumulation of garbage and debris by unintended occupants of the structure. For these reasons, an important component of the Property Code is the ability of the City, by and through its designee, to perform inspections based upon receipt of complaints from third parties.
104.8 Inspection initiated by complaint.
If the City shall receive a complaint from a third party which the City reasonably believes sets forth a Property Code violation or violations of the interior or exterior of an occupied or vacant/abandoned property (the "subject property"), which said violations are set forth in this chapter, then, and in that event, the City, by and through its designee, shall, based upon the City's reasonable belief of the existence of the violation, inspect the subject property. If the owner or occupant of such property refuses to grant permission for this inspection, or if the owner or occupant of such property cannot be located, then, and in that event, the City, by and through its designee, shall seek the right to inspect the subject property based upon the issuance of an administrative warrant for inspection by a neutral District Justice according to the procedures hereinafter set forth.
104.9 Procedure for issuance of administrative warrant for inspection.
The following procedure will be followed by the City, by and through its designee, for the issuance of an administrative warrant for inspection:
1.
Inspection based upon third party complaint. If the owner or occupant of the subject property refuses to permit an inspection, or if an owner or occupant of the subject property cannot be located, the City, by and through its designee, may seek an administrative warrant for inspection and shall submit the following information, by affidavit, in support of the warrant;
(i)
That the City reasonably believes that the subject property is in violation of the Property Code or is vacant and/or abandoned;
(ii)
That the City has a valid ordinance provision authorizing the City to seek the inspection;
(iii)
The date of the last inspection of the subject property, if any;
(iv)
The attempts by the City to locate the owner and seek permission from the owner to make the inspection;
(v)
The area(s) of the land and/or structure to be inspected; and
(vi)
The purpose of the inspection which would be to determine if the property has code violations as described by the third party complaint and whether the property/structure is in compliance with the provisions of this chapter.
2.
If the owner of a premises cannot be located, the administrative warrant for inspection shall provide for forcible entry by the least intrusive means possible.
104.10 Violation; correction for compliance.
In the event that the vacant or abandoned property is not in compliance with the then-existing housing standards code, any deficiencies shall be noted on an inspection form and provided to the last known owner, if the owner can be located, and posted on the property. The notice will advise the last known owner of the time by which to correct the violation(s), with a minimum time for correction being no less than seven days and the maximum time for correction being no more than 30 days.
1.
If the subject property is not brought into compliance with this chapter within the specified time, then, and in that event, the City, by and through its designee, shall use reasonable means to attempt to contact the last known owner, if possible, and inform the last known owner that he, she or it must secure the violating structure situate upon the subject property according to the provisions of this chapter. If the owner does not so secure the structure as requested, then, and in that event, the City may take steps to secure the structure according to the provisions of this chapter with costs to be billed to the property owner, and, if not paid, to be liened against the property. If the City designee determines that the existing structure, or portion thereof is so substandard that the condition(s) pose a serious threat to the health, safety and welfare to members of the community, then, and in that event, the City designee shall order that the structure be removed or demolished with costs of the same to be accessed against the property and billed to the last known owner, and liened against the property if unpaid.
2.
The City designee may, in addition to the provisions of Subsection A above, seek the imposition of any fine or any other criminal or civil penalty or remedy at law or in equity, as set forth in this chapter, either directly or incorporated by reference, for a violation of any provision of this chapter.
104.11 Exemption from inspection.
Any property which is inspected, from time to time by any governmental agency, including but not limited to the Department of Housing and Urban Development, shall be exempt form the inspection provisions of this chapter.
B. 
There shall be added to the definitions found in the Property Code, Section 202, General Definitions, the definition of the words "cellar," "Board of Appeals," and "building," as follows:
CELLAR
A portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
BOARD OF APPEALS
The Code Enforcement Board established under the Code of Ordinances of the City of Latrobe.
BUILDING
Any roofed man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, shall be considered an enclosed building if all exterior walls are solid except for fixed, closed or operable windows and doors.
C. 
The Property Code, Section 404.4.4, Prohibited occupancy, be and is hereby amended to read as follows:
Kitchens and uninhabitable stations shall not be used for sleeping purposes. No cellar space shall be used as a habitable space or dwelling unit. No basement space shall be used as a habitable space or dwelling unit unless:
(1)
The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.
(2)
The total window area in each room is equal to at least the minimum window area sized as required in Section 404.
(3)
Such required minimum window area is located entirely above the grade of the ground adjoining such window area.
(4)
The total openable window area in each room is equal to at least the minimum required under Section 404, except where there is supplied some other device affording adequate ventilation and approved by the Code Enforcement Officer.
D. 
The Property Code, Section 108.6, Abatement methods, be and the same is amended to read as follows:
Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the Code Enforcement Officer shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. If a person ordered by the Code Enforcement Officer to abate or prevent a public nuisance refuses to comply with the provisions of this chapter or neglects to do so within the time specified in the order, then, unless the order shall have been suspended by appeal to the Court under the procedures outlined in the Code of Ordinances, Chapter 98, § 98-7, Hearings by Council; Court appeals, the Code Enforcement Officer may execute the order; or if the nuisance continues to exist, the Code Enforcement Officer, at the direction of the Council, may remove such nuisance. If the removal of the nuisance requires grading, paving or repaving of alleys or any similar work upon property within Latrobe or any other work or service that may best be performed or contracted for by the agencies and employees of Latrobe, then the Council may authorize the removal of the nuisance by said agencies.
In any case where the nuisance is abated or prevented by the agencies of Latrobe or any cost is incurred by Latrobe in the removal or prevention of the nuisance or Latrobe makes corrections to comply with the provisions of this chapter, the costs and expenses shall be charged to the person or persons responsible in their property proportions. Upon nonpayment of such charges,
Latrobe may file a lien upon the affected premises in the name of and for the use of Latrobe as provided by law for municipal claims, in addition to the other remedies available for the collection of debts under the laws of the Commonwealth of Pennsylvania. The lien shall attach as of the time the work has commenced, which shall be fixed by a certificate of the Code Enforcement Officer and filed with the Secretary. This provision for removal of the nuisance shall be in addition to any other penalty for violating this chapter as contained in Chapter 98, § 98-10, Violations and penalties.
The Council of the City of Latrobe does hereby further amend the Property Code hereinabove adopted as follows:
A. 
The Property Code, Chapter 7, Fire Safety Requirements, Section 704, currently reads "Fire Protection Systems." The title of this section be and the same is hereby amended to read "Fire and Safety Protection Systems."
B. 
Chapter 7, Subsection 704.2, Smoke alarms, be and is hereby amended to read as follows:
704.2 Smoke and carbon monoxide protection alarms.
Single- or multiple-station smoke alarms shall be installed and maintained in Group R or I-1 occupancies, regardless of occupant load at all of the following locations:
1.
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of the bedrooms.
2.
In each room used for sleeping purposes.
3.
In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwelling or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level.
4.
Carbon monoxide alarms/protection. The provisions of the Carbon Monoxide Alarms Standards Act (Act No. 121 of 2013, effective June, 2014)[1] are hereby incorporated by reference.
[1]
Editor's Note: See 35 P.S. § 7221 et seq.
C. 
Section 101, General, Subsection 101.2, Scope, be and the same is hereby amended to read as follows:
101.2 Scope. Unless set forth differently in any state, federal or local statute or ordinance, the provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe sanitary maintenance; the responsibility of owners, operators, and occupants; the occupancy existing structures and premises, and for administration, enforcement and penalties.
D. 
Section 102.3, Application of other codes, be and the same is hereby amended to delete the term "International Zoning Code" and in its place substitute "the City of Latrobe Zoning Ordinance."
E. 
Section 103.5, Fees, be and the same is hereby amended to read as follows:
103.5 Fees. The fees for activities and services performed by the Department in carrying out its responsibilities under this code shall be set forth in Chapter 3, Administrative Code, § 3-48, Fee schedules, Schedule B, Code and Zoning Fees, to add as item No. 10, Property Maintenance Code fees, as follows:
a)
Administrative fee of 15% calculated on the aggregate costs/fees to remedy a Property Maintenance Code violation.
b)
Fee of $600 paid to the City of Latrobe for appeal under the Property Maintenance Code.
F. 
Section 106, Violations, Subsection 106.3, Prosecution of violation, be and the same is hereby amended to read as follows:
106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor and/or civil infraction. The violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall have available to him/her any and all remedies, either criminal or civil, at law or in equity, including but not limited to:
(i)
The filing of a non-traffic citation or private criminal complaint which shall, if the defendant is found guilty, incur to the defendant a fine in the amount of $600.
(ii)
If the notice of violation is not complied with, the Code Officer may also, currently or additionally, institute the appropriate proceeding at law or equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of the code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(iii)
The grading of the non-traffic citation or private criminal complaint for failure to comply with a notice of violation shall, for the first two offenses for the same property, be a summary offense carrying a penalty not to exceed that prescribed for summary offenses by law. However, if the Code Officer is required to serve notice to a property owner of violation under the Maintenance and Property Code, and said notice of violation is the third or greater violation for the same property within a twelve-month period, then, in that event, the violation shall be deemed to be a summary offense, conviction on which or pleading guilty to which shall result in a fine not to exceed $600 for each violation.
G. 
Section 401, General, Subsection 401.1, Scope, be and the same is hereby amended to read as follows:
The provisions of this chapter shall govern the minimum conditions and standards of light, ventilation and space for occupying a structure/building. The International Property Maintenance Code is not intended to govern bodies of temporary facilities for the purpose of residential occupancy. Occupancy is prohibited for such temporary facilities as tents, recreational vehicles or any other type of movable or removable facility that is not built or constructed in a stationary location. The above is not intended to be inclusive of all temporary facilities. Further, any other ordinance in the Code of Ordinances of the City of Latrobe which may be stricter in terms of application regarding this issue shall take precedence over this provision.
H. 
Chapter 1, Section 112.4, Failure to comply, be and the same is hereby amended to read as follows:
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 such violation or unsafe conditions, shall be liable to a fine of not more than $600.
I. 
Chapter 3, Section 302, Exterior Property Areas, Subsection 302.4, Weeds, first paragraph be and the same is hereby amended to read as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight 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.
J. 
Chapter 3, Section 304, Exterior Structure, Subsection 304.7, Roofs and drainage, be and the same is hereby amended to delete from this subsection the last sentence which reads, "Roof water shall not be discharged in a manner that creates public nuisance."
K. 
Chapter 2, Section 202, General Definitions, be and the same is hereby amended to add the following definition of "public nuisance."
PUBLIC NUISANCE
Any nuisance condition that affects those areas of the public rights-of-way and/or publicly owned property. A nuisance which is created by a private property owner(s) that affects the private property rights of another property owner(s) shall not be deemed to be a public nuisance.
L. 
Chapter 3, Section 303.2, Enclosures, is hereby amended to add the following:
Exception No. 1: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
Exception No. 2: All swimming pools, hot tubs or spas constructed after the effective date of this chapter shall be governed by the Uniform Construction Code of Pennsylvania as it relates to enclosures.
M. 
Chapter 3, Section 304, Exterior Structure, Subsection 304.14, Insect screens, be and the same is hereby amended to add the dates of "June 30 to September 30."
N. 
Chapter 3, Section 308, Rubbish and Garbage, Subsection 308.1, Accumulation of rubbish or garbage, be and the same is hereby amended to read as follows:
308.1 Accumulation of rubbish or garbage. All exterior property and premises, and to the extent that it creates a public nuisance or health safety and sanitation issue, the interior of every structure shall be free from any accumulation of rubbish or garbage.
O. 
Chapter 3, Section 308, Rubbish and Garbage, Subsection 308.2, Disposal of rubbish, be and the same is hereby amended to read as follows:
308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers on the day established by the sanitation for the City. Failure to remove rubbish as prescribed herein shall subject an individual to the violation provisions and penalties as set forth in Chapter 1, Section 106, of this Property Code. The Code Officer may cause accumulated rubbish or garbage which, in his/her opinion, is a public nuisance to be removed from the premises and disposed of at the City transfer station with the cost of removal and disposal to be paid by the owner of the property.
P. 
Chapter 3, Section 309, Pest Elimination, Subsection 309.1, Infestation, be and the same is hereby amended to read as follows:
309.1 Infestation. All structures shall be kept free from insect and rodent infestation. There are certain accumulation(s) on the exterior of structures which in and of themselves do not create a public nuisance. However, to the extent that the accumulation of materials on the exterior of the property does create or increase the occurrence of insects and rodents upon said property, the same shall be deemed to be a public nuisance and will be removed by the property owner. By way of illustration, a pile of firewood if allowed to remain over a period of time may generate termites. Compost piles not properly treated may generate odors. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.
If the Code Officer deems a public nuisance to exist, the Code Official shall serve a notice of violation and the property owner shall be subject to the penalties as set forth in Chapter 1, Section 106, Violations.
Q. 
Chapter 6, Section 602, Heating Facilities, Subsection 602.3, Heat supply, is hereby amended to add the following dates in the first paragraph, "from September 1 through May 30."
R. 
Chapter 6, Section 602, Heating facilities, Subsection 602.4, Occupiable work spaces, be and the same is hereby amended to add the following dates in the first paragraph, "from September 1 through May 30."
The Council of the City of Latrobe does hereby further amend the Property Code hereinabove adopted by deleting the following provisions:
A. 
Chapter 3, Section 302, Exterior Property Areas, Subsection 302.9, Defacement of property, be and the same is hereby deleted in its entirety.
B. 
Section 304-18, Building security, be and the same is hereby amended to delete from this provision the word "doors." Further, Section 304.18.1, Doors, be and the same is hereby deleted in its entirety. Lastly, Section 304.18.2, Windows, is hereby renumbered to Section 304.18.1, and Section 304.18.3, Basement and Hatchways, be and is hereby renumbered to Section 304.18.2.
[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:
ADULT
Any person 18 years of age or older.
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.
DWELLING UNIT
One or more rooms, including a kitchen or kitchenette and sanitary facilities in a dwelling structure, designed as a unit for occupancy.
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INDOOR FURNITURE
Any and all pieces of furniture which are made for only inside use including, but not limited to, upholstered chairs and sofas, etc.
LANDLORD
Any person who grants a lease or otherwise permits the use of his real estate or portion thereof for a consideration, monetary or otherwise.
LITTER
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.
MOTOR VEHICLE
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.
OCCUPANT
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.
PUBLIC NUISANCE
Any condition or premises which is unsafe or unsanitary.
PUBLIC OFFICER
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.
RECYCLABLE MATERIAL
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.
RIGHT-OF-WAY
The total width of any land used, reserved or dedicated as a street, alley, driveway, sidewalk or utility easement, including curb and gutter areas.
TENANT
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.
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 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.
(4) 
Any violation of Chapter 72 of the Latrobe Code shall be considered a violation of this part and may also be enforced and ticketed as such.
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.
D. 
Storage containers for waste or trash. All containers that store waste or trash shall be in compliance with Latrobe Code § 319-5. Any violation of Latrobe Code Chapter 319 shall be considered a violation of this article 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.
(4) 
Any violation of Latrobe Code Chapter 251 shall be considered a violation of this article and may also be enforced and ticketed as such
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.
(2) 
Any violation of Latrobe Code §§ 85-9, 85-10, and 85-11 shall be considered a violation of this article and may also be enforced and ticketed as such.
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).
(3) 
Any violation of the City's Property Maintenance Code, Latrobe Code Chapter 132, Article I, shall be considered a violation of this article and may also be enforced and ticketed as such.
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.