[HISTORY: Adopted by the Council of the City of Latrobe 9-8-2014 by Ord. No. 2014-6. Amendments noted where applicable.]
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.
Editor's Note: This ordinance also repealed former Ch. 132, Housing Standards, adopted 7-13-1981 by Ord.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:
There shall be added to Part 2, Administration and Enforcement, the following sections:
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:
- 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.
- 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.
The Property Code, Section 404.4.4, Prohibited occupancy, be and is hereby amended to read as follows:
The Property Code, Section 108.6, Abatement methods, be and the same is amended to read as follows:
The Council of the City of Latrobe does hereby further amend the Property Code hereinabove adopted as follows:
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."
Chapter 7, Subsection 704.2, Smoke alarms, be and is hereby amended to read as follows:
Editor's Note: See 35 P.S. § 7221 et seq.
Section 101, General, Subsection 101.2, Scope, be and the same is hereby amended to read as follows:
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."
Section 103.5, Fees, be and the same is hereby amended to read as follows:
Section 106, Violations, Subsection 106.3, Prosecution of violation, be and the same is hereby amended to read as follows:
Section 401, General, Subsection 401.1, Scope, be and the same is hereby amended to read as follows:
Chapter 1, Section 112.4, Failure to comply, be and the same is hereby amended to read as follows:
Chapter 3, Section 302, Exterior Property Areas, Subsection 302.4, Weeds, first paragraph be and the same is hereby amended to read as follows:
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."
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.
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."
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:
Chapter 3, Section 308, Rubbish and Garbage, Subsection 308.2, Disposal of rubbish, be and the same is hereby amended to read as follows:
Chapter 3, Section 309, Pest Elimination, Subsection 309.1, Infestation, be and the same is hereby amended to read as follows:
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."
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:
Chapter 3, Section 302, Exterior Property Areas, Subsection 302.9, Defacement of property, be and the same is hereby deleted in its entirety.
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:
- 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 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.
- DWELLING UNIT
- 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.
- 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.
- Any person who grants a lease or otherwise permits the use of his real estate or portion thereof for a consideration, monetary or otherwise.
- 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.
- 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.
- The total width of any land used, reserved or dedicated as a street, alley, driveway, sidewalk or utility easement, including curb and gutter areas.
- 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.
- 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:
Accumulation of rubbish, garbage, junk or litter.
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.
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.
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.
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.
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.
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.
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.
Placement or littering by private advertising matter.
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.
No person, group, organization or entity will hang, place or advertise on any public property in any manner.
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.
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.
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.
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.
Streets, sidewalks, alleyways, squares, and rights-of-way.
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.
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.
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.
Permits and approvals.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
If abatement or other costs were associated with the violation, these will be posted, along with the appeal.
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.