[HISTORY: Adopted by the Borough Council
of the Borough of Kane 6-12-1995 by Ord. No. A-908. Amendments noted
where applicable.]
This chapter shall be known and cited as the
"Borough of Kane Property Maintenance Ordinance."
Recognizing the need within the Borough of Kane
to establish certain minimum health and safety requirements for those
buildings, structures or properties which are used or associated with
human occupancy, this chapter hereby establishes standards which the
Council of the Borough of Kane considers to be fair and essential
in meeting those minimum requirements.
As used in this chapter, the following terms
shall have the meanings indicated:
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials
equipment or animals.
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin and/or other pests.
Plot, tract, premises or parcel of land, with or without
improvements thereto.
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or otherwise,
is vested with the title to a lot and/or improvements thereto or who
retains the exclusive control of such a lot and/or improvements thereto
in his capacity as a legal representative, such as an administrator,
trustee, executor, etc.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
Any building, or part thereof, or manmade structure, which
remains unoccupied for a period of more than six months, with either
doors, windows or other openings broken, removed, boarded or sealed
up or any building under construction upon which little or no construction
work has been performed for a period of more than six months.
Any open space on the same lot with a building and, for the
most part, unobstructed from the ground up.
The provisions of this chapter shall supplement
local laws, ordinances or regulations existing in the Borough of Kane
or those of the Commonwealth of Pennsylvania. Where a provision of
this chapter is found to be in conflict with any provision of a local
law, ordinance, code or regulation or those of the Commonwealth of
Pennsylvania, the provisions which are more restrictive or which establish
the higher standard shall prevail.
A.
No owner of any building or structure shall fail to
take steps and perform such maintenance thereto, as may be required
from time to time, to ensure the property is safe, sound, sanitary
and secure and does not present a health and/or safety hazard to surrounding
properties and to the general populace.
B.
No owner of any unoccupied building or structure shall
fail to take such steps as may be required to insure that these are
securely closed so as to prohibit and deter entry thereto and to insure
that no health and/or safety hazard, or threat thereof, is precipitated
due to a lack of maintenance or due to neglect.
C.
Owners of any and all unoccupied buildings and/or
structures which, through neglect, have deteriorated to the point
of being classified as unoccupied hazards, and therefore constitute
a severe health and/or safety hazard, shall, upon direction of the
Council of the Borough of Kane, remove or cause the removal of the
building and/or structure.
No person shall permit:
A.
Fences and/or minor structures to be constructed and
maintained so as to represent a safety or health hazard to persons
and/or property.
B.
The development or accumulation of hazards, rodent
harborage and/or infestation upon yards, courts, lots.
C.
Objectionable materials to accumulate and to be blown
about the surrounding neighborhood.
D.
Cesspools, cisterns, sedimentation ponds, stormwater
management impoundment ponds of a similar nature to remain open without
adequate fencing or barricades to prevent access thereto by the general
public.
E.
The accumulation of heavy undergrowth and/or vegetation
which would impair the health and/or safety of the neighborhood; nor
shall they permit any trees, plants or shrubbery, or any portion thereof,
to grow on their property and which constitute a safety hazard to
pedestrian and/or vehicular traffic.
F.
The placing of brush, lawn clippings or other yard
waste on the borough right-of-way for disposal. The property owner
shall dispose of these types of waste in the proper manner and at
his/her own expense.
[Added 3-27-2000 by Ord. No. A-944]
A.
Grounds, buildings and structures shall be maintained
free of insect, vermin and rodent harborage and infestation.
B.
Adequate sanitary facilities and methods shall be
used for the collection, storage, handling and disposal of garbage
and refuse.
C.
Where there exists rodent and vermin infestation,
corrective measures shall be undertaken by the property owner and/or
occupant to alleviate the existing problem(s), to include screening,
extermination and/or garbage and refuse control. Methods employed
for extermination shall conform with generally accepted practices.
No person shall permit:
A.
Any refrigerator, freezer and/or other similar storage
chest to be discarded, abandoned or stored in any place or location
which is accessible to the general public without first completely
removing any and all locking devices and/or doors.
Any occupant of a premises shall be responsible
for compliance with the provisions of this chapter with respect to
the maintenance of that part of the premises which he occupies and/or
controls in a safe, sound and/or sanitary condition pursuant to the
terms of the contract/agreement under which he exercises occupancy
and/or control thereof.
A.
Owners of premises shall comply with the provisions
of this chapter as well as operators and occupants regardless of any
agreements between owners and operators or occupants as to which party
shall assume such responsibility.
B.
In instances where an occupant is responsible, or
shares responsibility with an owner, for the existence of one or more
violations of this chapter, said occupant shall be deemed responsible
and treated as if an owner within the true intent and meaning of this
chapter.
[Amended 7-11-2011 by Ord. No. A-1004]
Borough Council’s designee is authorized and empowered
to enter on the premises for the purpose of inspection of any and
all premises, properties, buildings and/or structures located within
the Borough of Kane for ascertaining the existence of violations.
In those matters where the nature of any alleged violation is such
that an inspection of the interior of a building or structure is necessitated,
prior arrangements must be made with the owner, or his/her agent,
to secure access thereto.
[Amended 7-11-2011 by Ord. No. A-1004]
A.
If a noncompliance
with the provisions of this chapter constitutes a nuisance, or if
any condition, structure or improvement poses a threat to the health,
safety or welfare of the public, Borough Council’s designee
shall issue a written notice to be sent by United States mail, and
if no response within 10 days said notice shall be sent via certified
mail, upon the owner of said premises, or, if the owner’s whereabouts
or identity is unknown, by posting the notice conspicuously upon the
offending premises.
B.
Said notice
shall specify the condition or structure or improvement complained
of and shall require the owner to commence to remove or otherwise
rectify the condition or structure or improvement as set forth therein
within 10 days of mailing or posting of said notice and, thereafter,
to fully comply with the requirements of the notice within a reasonable
time and to stay in compliance no less than 12 consecutive months
thereafter.
If the owner does not comply with the notice
to abate the nuisance or the conditions stated in the notice, within
the time limit prescribed, the Borough of Kane shall have the authority
to take measures to correct the conditions and collect the cost of
such corrections, plus 10% of all costs. The Borough of Kane, in such
event and pursuant to its statutory or otherwise authorized police
powers, shall have the right and power to enter upon the offending
premises to accomplish the foregoing.
Any person who shall violate any provisions
of this chapter shall, upon conviction before the District Justice,
be sentenced to pay a fine of not more than $600, and, in default
of payment, to undergo imprisonment for a term not to exceed 30 days.
Each day that a violation of this chapter continues shall constitute
a separate offense.
If the premises are owned by more than one owner,
each owner shall severally be subject to prosecution for the violation
of this chapter.
The remedies provided herein for the enforcement
of this chapter, or any remedy provided by law, shall not be deemed
mutually exclusive; rather they may be employed simultaneously or
consecutively, at the option of the Council of the Borough of Kane.
