Tabled 9/28/09
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 571
AN ORDINANCE AMENDING Chapter 5 OF THE CODE OF THE BOROUGH OF EDINBORO, BY ESTABLISHING PART 3, PROPERTY NUISANCE CODE. AN ORDINANCE DEFINING AND REGULATING CERTAIN ACTIVITIES DECLARED A NUISANCE AND PRESCRIBING PENALTIES FOR SUCH VIOLATIONS
WHEREAS, the Borough of Edinboro has previously adopted and enacted ordinances to regulate zoning and property maintenance; and
WHEREAS, to eliminate possible ambiguity and contradiction in the administration and enforcement of Borough of Edinboro ordinances; and
WHEREAS, the Borough of Edinboro realizes the nature of certain activities, if not corrected promptly can create a nuisance to neighboring properties and the Borough as a whole; and
WHEREAS, the Borough has the power and duty to enact ordinances that promote the health, safety and general welfare of the residents and visitors; and
THEREFORE, the Home Rule Borough of Edinboro hereby enacts the following:
SECTION 1. Administration and Enforcement: The Edinboro Building Code Department shall administer and enforce the provisions of this ordinance. The Ordinance will be known as the Borough of Edinboro Property Nuisance Ordinance.
SECTION 2. Definitions : For the purpose of this ordinance, the following definitions shall be applied to words and terms hereinafter set forth:
Clutter: An accumulation of items other than garbage, trash, refuse, rubbish or recyclables in such a manner that it would be deemed a nuisance by reasonable living standards. Examples of this would include but not limited to; construction materials not associated with a current construction project of steady, significant progress; automobile parts, appliances, bicycles, etc.
Composting: A method of disposal for household foodstuffs, wastes, leaves, grass/yard clippings, etc. thru biological conversion or breakdown for alternate use.
Curbside placement and return of trash receptacles: The time frames established for curbside trash can placement for pickup by trash haulers and the proper return location after pickup. This time frame is prescribed in the Borough of Edinboro Solid Waste Chapter #20 Section 20-104 F of the Borough Code of Ordinances.
Garbage: Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
Grass: Vegetation planted in yard spaces and parcels for ornamental purposes.
Non-operating Vehicle: A motor vehicle or trailer which lacks current registration or licensing and/or inspection. A vehicle which has a current registration or license and/or inspection but which is in a condition of major disrepair or disassembly. A vehicle which, due to its’ condition is not permitted on public streets.
Nuisance: An activity or action that interferes with the reasonable use and enjoyment of neighboring and affected adjoining properties.
Outdoor and patio furniture. A type of furniture designed and manufactured in a manner suitable for outdoor use. This definition does not include indoor furniture designed and manufactured for inside use only.
Recreational Equipment: Equipment used for recreational purposes, which is transported by attachment to a licensed motorized vehicle or transported on a trailer that is attached to such vehicle. The equipment can include but not limited to boats, personal watercraft, rowboats, canoes, kayaks, campers (fixed and pop up) snowmobiles, all terrain vehicles and trailers utilized to transport.
Recreational Vehicle: A self propelled, motorized vehicle generally used for camping purposes. It is designed and licensed to be driven on streets and highways. The vehicle may contain housing amenities utilized separate form the principal residence including eating, cooking, sleeping and sanitation facilities.
Recycling: The proper collection and storage items and materials for future reuse thru industrial processes. This includes but is not limited to plastics, newspapers, paper, glass, etc which are disposed of at regular intervals.
Rubbish: Combustible and non-combustible waste materials, except garbage. The term shall include residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust, and other similar materials and animal feces.
Weeds: Any noxious vegetation planted or existing not for ornamental purposes. This may include any species not considered grass.
SECTION 3 Specific activities declared a nuisance. The following activities are deemed a nuisance and therefore, in violation of this ordinance.
A] The height of grass or weeds on private property that exceeds eight inches (8”). Any vegetation or flowers planted for ornamental or decorative purposes are exempted.
B] The storage of any non-operating motor vehicle on private property unless permitted by established zoning ordinance. Vehicles in a state of disrepair or disassembly stored in an enclosed garage are exempted.
C] The improper storage and placement of recreational equipment (as defined) on private property. Proper storage shall comply with the following yard requirements (storage shall not occur within these yard areas).
1) Front Yard 30 feet
2) Side Yard 10 feet
3) Rear Yard 6 feet
4) Street Corner (corner lots) Side Yard 30 Feet.
At no times shall recreational vehicles or equipment be stored in yard areas along street frontages or on right of ways. Boats in process of restoration or repair shall be kept only within enclosed garages.
D] The placement or storage of larger commercial vehicles over 1 ton or busses or semi trucks and or semi trailers or dump trucks in a residential zoned district.
E] The exterior accumulation of garbage, rubbish, trash, junk items or recyclables on private property. This shall not include items properly set at curbside for pickup by trash haulers as described in the Solid Waste Ordinance.
F] The untimely placement or return of trash cans for regular trash pickup as regulated by the Borough of Edinboro Solid Waste Chapter #20 Section 20-104 F of the Borough Code of Ordinances.
G] The placement of indoor type furniture in yard areas and open porches.
H] Dumping or placement of items such a leaves into open drainage ditches.
I] An accumulation of clutter (as defined) in yard areas.
SECTION 4 Notice of Violation Upon investigation of complaint or thru casual observation and determination by the Building Code Department or by a member of the Police Department that a violation exists, a notice shall be served on the property owner or tenant or responsible party. The violation notice may be served in person or by posting of notice or by USPS Certified Mail, First Class mail, or via email. The notice shall contain the following information ;
A] Name and address of owner or tenant or responsible party.
B] Address and date of violation.
C] Specific section of ordinance which is in violation.
D] Action required to correct the violation.
E] Date and or time period within which it is to be corrected.
F] Fines and penalties to be assessed if the violation is not corrected.
SECTION 5 Penalties and Fines All violations of this ordinance shall be processed as a Non Traffic Citation. Fines and penalties shall be sought thru the local District Courts. Each offense is deemed a Summary Offense and subject to a fine of $25.00 first offense, $50.00 second offense, and $100.00 for all offenses or repeated offenses over the second within a 2-year period plus all court costs. Each day following the passage of the required compliance shall constitute a separate violation. Any costs incurred in the enforcement of this ordinance shall also be sought. Fines maybe amended annually at the first meeting of Council each year or as deemed necessary by resolution of Council.
SECTION 6 Abatement The Borough of Edinboro may, at its’ discretion abate any nuisance if not corrected by the responsible party. The Borough shall also demand payment for costs incurred in the abatement of such nuisance. Failure to reimburse the Borough of Edinboro for such costs will result in an additional civil action.
SECTION 7 Saving Clause If any provision of this Chapter or the application thereof to any Person or circumstances is held invalid, such holding shall not affect the other provisions or applications of this Chapter, which can be given affect without the invalid provisions or applications, and to this end, the provisions of this Chapter are declared severable. All Ordinances or parts of Ordinances which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
SECTION 8 Repealer Clause Borough Council may repeal any part of this ordinance. Any part of this ordinance found to be inconsistent with law may be repealed without nullifying the entire ordinance.
SECTION 9 Repeal of certain sections of existing ordinances The following sections of existing ordinances are hereby repealed with the remaining sections of said ordinances and sections to remain in effect:
Borough of Edinboro Code of Ordinance Chapter 5 Part 2 of the International Property Maintenance Code as amended delete the following sections in their entirety:
PM 303.4 Grass and weeds.
PM 303.8 Motor Vehicles.
PM 306.1 Accumulation of rubbish or garbage.
Borough of Edinboro Code of Ordinances Chapter 27 Part 4 known as the Zoning Ordinance as amended by Ordinance 545 delete the following items in their entirety:
Section 27-407 B (9) Parking of Major Items of Recreational equipment in Areas Outside of Travel parks.
Section 27-407 B (10) Parking of Vehicles Used in Vocational/Avocational Pursuits.
Section 27-407 B (11) Outdoor storage of Inoperative, Unlicensed, Uninspected Vehicles.
SECTION 10 Amendments to existing ordinances
Borough of Edinboro Code of Ordinances Chapter 20 (Solid Waste) Part I Section 20-104 item F add the following:
“Violations of this provision are subject to enforcement thru the Borough Property Nuisance Ordinance.”
ENACTED AND ORDAINED THIS ____ DAY OF _______, 2009 by the Council of the Home Rule Borough of Edinboro.