BOROUGH OF CLARKS SUMMIT COUNTY OFLACKAWANNA COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 2017-05  AN ORDINANCE ADOPTING THE QUALITY OF LIFE. AND VIOLATIONS TICKET PROCESS IN' THE. BOROUGH OF CLARKS SUMMIT WHEREAS, after discussion Borough Council determined it is necessary to adopt this Ordinance to ensure the health, safety and welfare ofr residents and visitors to the Borough, NOW, THEREFORE, it is hereby ORDAINED and ENACTED by the Borough Council of the Borough oft the Borough of Clarks Summit, County of Lackawanna and Commonwealth of  Pennsylvania, as follows: Section 1. Purposè.  Lack of maintenance of properties, improper storage of trash and rubbish, storage of noperiblehon-egstered vehicles, and accumulation of snow and ice are costly problems that hwseadvry values and general disonderinacommuniy. These problems degrade the physical appearance of the Borough, which reduces business and tax revenue inhibiting economic development. The qualityoflife and community pride oft the citizens ofClarks Summit are negatively impacted by the occurrences and existence of these activities. Recognizing these are community problems, the purpose of this Ordinance is to promote the health, safety and general welfare of the Borough by helping to create a clean environment for the citizens of Clarks Summit.  Section 2. Definitions.  The following words, terms, and phrases; when usedi in this Part, shall be defined as follows, GARBAGE - the animal or vegetable waste resulting from the handling, preparation, HAZARDOUS WASTE - any waste: material or a combination ofsolid, liquid, semisolid, or contained gaseous material that because of its quantity, concentration, physical,  unless context clearly indicates otherwise:  cooking, and consumption of food.  chemical, or infectious characteristics may:  (1) Cause, or significantly contribute to, an increase in mortality or an increase  in serious irreversible or incapacitating illness.    (2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of  or otherwise managed.  HOUSEHOLD HAZARDOUS WASTE (HHW) - waste which would be chemically or physically classified as a hazardous waste, but is excluded from regulation as a hazardous waste beçause it is produced in quantities smaller than those regulated by the Pennsylvania Department of Environmental Protection, and because it is generated by persons not otherwise covered as hazardous waste generators by those regulations. Such HHW: materials meet one ofthe following four classifications: toxic, flammable, reactive, or corrosive. HHW consists sofnumerous products that are common to the average household such as: pesticides INDOOR FURNITURE any and all pieces of furniture which are made for only inside JUNKED VEHICLE - any vehicle which presents a hazard or danger to the public ori is The following conditions, ifpresent, are examples of a state or condition of disrepair: (1) Rusted and/orj jagged metal on or protruding from the body oft the vehicle.  and herbicides, cleaners, automotive products, paints, and acids. use including, but not limited to, upholstered chairs and sofas, etc. ap public nuisance by virtue ofits state or condition of disrepair.  (2) Broken glass or windows on ori in the vehicle.  (3) Leaking ofa any fluids from the vehicle or deflated or flat tire(s). (4) Unsecured and/or unlocked doors, hood, or trunk.  (5) Storage or placement ofthe vehicle in an unbalanced condition, on concrete blocks,  or other similar apparatus.  (6) Harboring of rodents, insects, or other pests.  The foregoing examples are not inclusive of all conditions which may constitute a state or condition ofdisrepair. See also the definition of"motor vehicle nuisance." 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 or motor vehicle seats, vehicle parts, automotive products, shopping carts, construction or demotion 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 Borough ofClarks Summit designated to accept service on behalfofa a legal owner or operator ofa MOBILE VENDOR = a vendor or seller of food and/or goods from a vehicle or other conveyance upon the public streets or alleys oft the Borough that does not typically remain MOTOR VEHICLE = 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. MOTOR VEHICLE NUISANCE = a motor vehicle with one or more of the following  rental dwelling unit.  stationary for more than approximately 10 minutes each hour.  defects:  (1) Broken windshields, mirrors, or other glass, with: sharp edges. (2) Broken headlamps, tail lamps, bumpers, or grills with sharp edges.  (3) Any body parts, truck, firewall, or floorboards with sharp edges or large holes  resulting from rust.  (4) Protruding sharp objects from the chassis.  (5) Missing doors, windows, hood, trunks, or other body parts that could permit animal (6) One or more open tires or tubes which could permit animal harborage. (7) Any vehicle suspended by blocks, jacks, or other such materials in a location which may pose a danger to the public, property owners, visitors, or residents of the  harborage.  property on which said vehicle is found.  (8) Any excessive fluids leaking from vehicle which may be harmful to the public or (9) Disassembled body or chassis parts stored in, on, or about the vehicle. (10) Vehicles that do not display a current valid license and registration.  the environment.  (11) Such other defects which the Fire Department determines to be a danger to the (12) Motor vehicles parked, drifted, or otherwise located which mayi interfere with flow  general public or property.  of pedestrian or automobile traffic or impede emergency efforts.    MUNICIPAL WASTE - any garbage, refuse, industrial, lunchroom, or office waste, and other material including solid, liquid, semisolid, or contained gaseous material resulting from operation or residential, municipal, commercial, or institutional establishments or from community activities, and which is not classified as residual waste orl hazardous waste as defined herein. The term does not include source separated recyclable materials or 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 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 the definition of"publici nuisance." OWNER - A person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property including the principals ofal limited liability company or officer, director or shareholder of a corporation if that individual is responsible for the management and control of the property; including the guardian of the estate of any such person, and the executor or administrator of the estate of such person ifordered to take possession ofreal property by PERSON: - every natural person, firm, corporation, partnership, association, or institution. 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, PUBLIC OFFICER any authorized inspector, Borough Manager, Code Enforcement Officer, Police Officer or public official designated by the Borough Council to enforce the Borough ordinances, and for purposes oft this definition includes aj police officer. PUBLIC NUISANCE - any conditions or premises which are unsafe or unsanitary. PUBLIC RIGHT-OF-WAY - the total width of any land used, reserved, or dedicated as as street, alley, driveway, sidewalk, or utility easement, including curb and gutter areas.  organic waste.  action within a specified time frame or face further legal action.  acourt.  house, building, or other structure.    RESIDUAL WASTE - any discarded material or other waste including solid, semisolid, or contained gaseous materials resulting from construction, industrial, mining, and agricultural RUBBISH - combustible and noncombustible waste materials, except garbage; the term shall include residue from the burning ofwood, 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, and dust and other similar materials. SIDEWALK AREA - the public right-of-way between the property line and the curb line or SOLID WASTE - any waste including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid, or contained gaseous materials. 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 aj police officer or public officer to a person who violates a provision of this Part. The violation ticket is an offer by the Borough of Clarks Summit extended to a person to settle a violation by paying a fine in lieu ofa citation being WEEDS - shall be defined as all grasses, annual plants, and vegetation, which meet any of  operations, excluding municipal water and sewer operations.  the established edge oft the roadway.  issued against the violator. the following criteria:  (1) Exceed ten (10) inches in height.  (2) Exhale unpleasant noxious odors or pollen such as ragweed, dandelion, and miscellaneous other vegetation commonly referred to as weeds or brush. (3) May conceal filthy deposits or serve as breeding places for mosquitoes, other insects,  or vermin.  (4) May cause aj public nuisance. (5) Includes unmaintained, overgrown shrubs  Weeds shall not include cultivated and managed vegetation planted for edible or ornamental  purposes such as vegetable gardens, trees, shrubs, flowers, etc. YARD an open space on the: same lot with a structure.    Section 3. Quality of Life Violations.  A person, owner, or responsible person commits a quality oflife violation by any of the 1. Accumulation of Rubbish or Garbage. All exterior property and premises, and the interior of every structure, shall be free from excessive accumulation of waste, trash, rubbish, or 2. Animal Maintenance and Waste/Feces Clean-Up. People owning, harboring, or keeping an animal within the Borough ofClarks Summit shall notj 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. Alwmsrfom-mimi-matbesdamdwpma dailybasis. No person shall cause or allow any animal to defecate upon any property within the Borough of Clarks Summit without immediately removing said feces and depositing in 3. High Weeds, Grass or Plant Growth. All premises and exterior property shall bei maintained free from weeds or plant growth in excess of ten (10) inches (254mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, vegetation and unmaintained, unreasonably overgrown shrubs. Cultivated flowers, gardens, trees, and shrubs 4. Motor Vehicles, It shall be unlawful to store, park, or place any unregistered, uninspected, inoperative, unlicensed, or nuisance motor vehicle in view of the public for aj period oft time in excess of72 continuous hours on any premises No vehicle. shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. The prohibition of 5. Outside Placement ofIndoor. Applianes/Pumniture. Iti is prohibited to store or place any/all appliances or furniture including, but not limited to, non-operational ranges, non-operational refrigerators, air conditioners, non-operational ovens, washers, dryers, non-operational microwaves, dishwashers, mattresses, recliners, sofas, interior chairs, or interior tables on the exterior of any property for the purpose ofs sale or any other reason, except for the temporary 6. 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 Clarks Summit, is required: Snow and ice shall be removed from all sidewalks within the Borough of Clarks Summit on the same day of the cessation of any fall of snow, sleet, or freezing rain or within the first 4 hours of daylight after the cessation of any such fall, whichever period is longer. Furthermore, they must create a path, free from any snow ori ice, oft thirty (30) inches on said sidewalk. Snow and ice shall be removed from sidewalks in all business districts within 2 business hours after the cessation of any fall of snow, sleet, or  following:  garbage.  approved containers ofs said person,  shall not be included as a violation ofthis Part.  painting set forth in this subsection excludes touch-up painting.  purpose toj perform maintenance on said property.    freezing rain or by the beginning of business hours of the next business day following such 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 ort trash shall be durable and water tight. Containers must have tight fitting covers, and must bel kept clean and odor free at all times. All, containers must bes stored in al location ont the owner's) propertynot within thej public right-ofw/Municipal waste containers with lids inj place ands secured bundles shall for thej purposeofcolection, bej placed at ground level along, but not within, the adjoining public street no sooner than twenty-four (24) hours prior to the day ofscheduled collection. All emptied containers shall be removed  fall, whichever period is shorter,  7.  no later than twenty-four (24) hours following the collection time.  Section 4. Authority for Issuance of Violation Ticket.  Upon finding a quality of life violation, any Public Officer authorized by the Borough of Clarks Summit, mayi issuec qualityoflife violation tickets to the owner and/or occupant ofthej property  at issue or to the individual(s) known to have violated this Part.  Section 5. Enforcement.  1. 2.  The provisions of this part shall be enforced by the Code Official, Borough Manager, Police Officers, or any other public officer authorized to enforce ordinançes. Any violation of the provisions of this Part may be cause for a citation, a violation ticket, and/or a notice of violation to be issued to the violator.  Section 6. Service. i.  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 oft the residence, by leaving or affixing the notice orviolation ticket to the property where the violation exists, by handing it at anyoffice or usual place ofbusiness oft the violator, to his/her agent or to the person for the time being in charge thereof, or by mailing the notice to the violator's address ofi record.  Section 7. Separate Offense.  Each day a violation continues or is permitted to continue may constitute a separate offense  for which a separate fine may bei imposed.  Section 8. Fines and Penalties.  A. For the first ofa a violation of this part within a 12-month period, violation tickets  shall be issued in the amounts of $25.00, as set forth on the chart below.    B. For the second offense ofa violation ofthis Part within a 12-month period, violation C. For the third offense of a violation of this Part within a 12-month period, violation  tickets shall bei issued in the amounts of $50.00, as set forth on the chart below. tickets shall bei issued in the amounts of$100.00, as set forth on the chart below.  Violation Description  Fine 1 Fine 2 Fine 3+ $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00  QOL-001 Accumulation of rubbish or garbage QOL-003 High weeds, grass, or plant growth QOL-004 Motor vehicles QOL-005 Outside placement ofi indoor QOL-006 Snow and ice removal from sidewalks QOL-007 No containers for waste or trash  QOL-002 Animal maintenance and waste/feces clean-up $25.00 $50.00 $100.00  appliances/fumiture  D. For each offense subsequent to three offenses oft this Part within a 12-month period, amounts of violation tickets shall increase in the amount of $100.00, accumulative for each  subsequent offense.  E. Any persons who receive a violation ticket for any violation oft this Part may, within fifteen (15) days, admit the violation, waive a hearing, and pay the fine in full satisfaction.  F. violation. G.  Anyperson who violates thisl Part shall payai fine as set forthl herein for each offense,  plus all direct and indirect costs incurred by the Borough for the cleanup and abatement of the  Failure of the person to make payment within fifteen (15) 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.  H. has been given. I. permitted by law. J.  If violations are continuous or egregious, enforcement officer and/or  Code Officials have the right to issue citations without first issuing tickets, provided notice  In addition to all of the remedies, the Borough is authorized to exercise and  reserves all rights of enforcement and remedies for Municipal Claims and Tax Liens as  In addition to assessment penalties and liens, under subsection At tolor otherwise  in this Ordinance, any person who violates or permits a violation oft this Ordinance, upon being found liable therefore in a civil enforcement proceeding before a district justice or magisterial district judge, shall pay a fine and/or penalty of not less than three hundred ($300.00) dollars    nor more than one thousand ($1000) per violation, plus all court costs, including reasonable attorney's fees incurred by the Borough in the enforcement of this Ordinance. Each day the violation exists shall constitute a separate offense. In any case where a penalty for a violation has not been timely paid, and the person against whom the penalty was imposed is found to have been liable therefore in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for attorney's fees incurred by the Borough in the enforcement proceedings. If the violator neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.  K. In addition to or in lieu of a civil action before a district justice or magisterial district judge, or Court, the Borough may enforce this Ordinance in equity. The appropriate officers or agents, including Borough Council, Borough Manager, or Code Officer of the Borough are hereby authorized to seek equitable relief, including injunctions, to enforce  compliance herewith. to enforce this ordinance.  L. The Borough shall be exempt from the payment of costs in any civil case brought  Violation Ticket Penalties.  A. Ifthe person in receipt ofa $25.00 violation ticket does not pay the fine or request ahearing within fifteen (15)d days, the person will be subject to a $10.00 penalty for days 16 through  30.  B. Ift the person in receipt ofa $50.00 violation ticket does not pay the fine or request al hearing within fifteen (15)days, the person will be subject to as $25.00 penalty for days 161 through  30.  C. Ifthe person in receipt ofa $100.00 or higher violation ticker does not pay the fine orr request a hearing within ten (10) days, the person will be subject to a $50.00 penalty for days 16  through 30.  D. Failure of the person to make payment or request a hearing within thirty (30) days  ofa violation ticket shall make the person subject to a citation for failure to pay.  E.  Ifviolations are continuous or egregious, Code Officials have the right to issue  citations without first issuing tickets, provided notice has been given. Upon issuance of four (4) tickets for the same violation, right is reserved for the Code Officials to issue citation for the fifth  and subsequent offenses.    Section 11. Citation Fines:  Any person, firm, or corporation who shall fail, neglect, or refuse to comply with any oft the terms or provisions ofthis Part, or ofany regulation or requirement pursuant hereto and authorized hereby shall, upon conviction before the Magisterial District Judge, be ordered to pay a fine ofr not less than one hundred ($100.00) dollars, and not more than one thousand ($1,000.00) dollars on each offense, the costs of prosecution including restitution of the fees of the Code Official or imprisoned no more than ninety (90) days, or both subject to Pa R Crim P. 456 (c) and 42 Pa C.S. 9730 (b). A separate offense under this Ordinance shall be deemed to occur for each day for which aviolation occurs. Nothing herein isi intended to impede or restrict the prosecution ofany criminal offense for any person continuing to violate the terms ofthisordinance or any order to stop or desist from any illegal conduct or from being charged with any separate offense under the criminal codes  oro otherwise.  Section 12. Restitution.  The Magisterial District Judge may order the violator to make restitution against a real or personal property owner where appropriate, to pay the Borough's costs of collection/citation procedingeproscaution, reports, engineering or Code official fees and toj pay the Borough's.costs, fees and reasonable Attorneys' Fees associated with the prosecution of the same. The reasonable attorney's fees shall be at the rate of one hundred and twenty-five ($125) dollars per hour. Said  sum may be amended by Resolution of thel Borough, from time to time.  Section 13. Collections.  At the discretion of the Borough of Clarks Summit, all tickets for which payment is not received within forty-five (45) days of issuance of a ticket for which an appeal is not taken, and forty-five (45) days from denial of appeal and monies paid by the Borough of Clarks Summit for abatement of a violation not paid within forty-five (45) days of billing, may be turned over by the  Borough to a collection agency for receipt.  Section 14. Liens.  At the discretion of the Borough of Clarks Summit, liens may be places upon a property against which tickets were: issued for which payment is not received within forty-five (45) days of issuance ofat ticket for which an appeal is not taken, and forty-five (45) days from denial ofappeal and monies paid by the Borough ofClarks Summit for abatement ofa violation and not paid within  forty-five (45) days ofbilling,    Section 15. Nonexclusive Remedies.  The penalty lien and collection provisions oft this Section shall bei independent, non-mutually exclusive separate remedies, all ofwhich shall be available to the Borough of Clarks Summit as may be deemed appropriate for carrying out the purposes of this Part. The remedies and procedures provided in this Part for violation hereof are not intended to supplant or replace to any degree the remedies and procedures available to the Borough in the case ofa violation ofany other Borough of Clarks Summit Code or Codified Ordinances, whether or not such other Code or Ordinance is referenced in this Part, and whether or not an ongoing violation of such other Code or Ordinance  is cited as the underlying ground for a finding ofa violation oft this Part.  Section 16. Severability.  Ifany provision, paragraph, word, section, or subsection oft this Part is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or Section 17. All relevant ordinances, regulations, and policies of the Borough of Clarks Summit, Section 18. Ifany section subsection, sentence, or clause ofthis ordinance is held, for any reason, to be invalid, such decision shall not affect the validity oft the remaining portions oft the Section 19. Any Ordinance or part of an Ordinance conflicting with the provisions ofthis Ordinance shall be and the same is hereby repealed to the extent ofs such conflict subject to Section 20. This Ordinance shall be effective immediately upon passage and approved in the  subsections shall not be affect and shall remain in full force and effect. Pennsylvania not amended shall remain in full force and effect.  Ordinance.  Section 151 hereof.  manner prescribed by law.    ORDAINED AND: ENACTED into an Ordinance this 6th day ofDecember, 2017.  Borough Council ofthe Borough of Clarks Summit SC C  Germaine Carey, President  ATTEST:  APPROVED by the Mayor this 6th day ofDecember, 2017.  5A  BY:  R Herman Johrison, Mayor