Ordinance # 442 NUISANCE  44 422A    Ordinance No. 422  AN ORDINANCE REGULATING PUBLIC NUISANCES RELATED TO MAINTENANCE OF BUILDINGS, EXTERIOR SURFACES OF BUIDINGS/STRUCTURES, GRASS, WEEDS AND OTHER VEGETATION; BULKY WASTE, RUBBISH; AND ALTOMOBLES/VENICES, WHEREAS, the Borough of Meyersdale enacted Ordinance #178 dated. July 3,1 1956 relating to grass, weeds and other vegetation; Ordinance #332 dated February13, 1990 relating to public nuisances regarding buildings; and Ordinance #358 dated April 9, 1996 relating to automobiles and other vehicles. These Ordinances did not adequately deal with numerous problems which the Borough is experiencing related tot these topics; and, WHEREAS, the Council of the Borough of Meyersdale desires to amend Ordinance No. WHEREAS, the Council of the Borough of Meyersdale has resolved to repeal the prior BEIT ORDAINED AND ENACTED by the Council of the Borough of Meyersdale and itis  EQUIPMENT.  178, No. 332, and No 358.  ordinances and replace them with the Ordinance set forth below. hereby ordained and enacted by the authority of the same as follows:  Section 1. Definitions  The following words and terms as used int this Ordinance shall have the meaning herein described thereto, unless the context clearly indicates: a different meaning: utomabiepedw/lsp-pnent Nuisance - any uomobiepence/upnent outside of a fully enclosed building not inf full and complete working order, orwithout current registration plates and State inspection sticker, or stored for resale asj junk metal Borough of Meyersdale the Borough of Meyersdale, Somerset County, Pennsylvania Code- any code or ordinance adopted, enacted and/or ine effect in andi for the Borough of Meyersdale concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential rental unit. Included within, but not limited by, this definition are the following: The Uniform Construction Code (hereinafter "UCC"), the International Property Maintenance Code, International Plumbing Code, International Fire Prevention Code, International Electrical  orf fort the sale of individual auto parts.  1    Code, Flood Plain! Management Ordinance, the International Building Code and any duly enacted amendment or supplement to any oft the above and: any new enactment falling Code Enforcement Officer the duly appointed Code Enforcement Officer having charge of the Code Enforcement within the Borough of Meyersdale and: any assistants, agents and co-employees. The Bureau of Veritasi is the current Code Enforcement Officer. Dangerous Building/Structure: -any building/structure which has any or all oft the A. The nominal strength of any structural member is exceeded by nominal loads, the load effects ort the required strength. B. The anchorage of thef floor or roof to walls/columns, and of walls/columns to foundations is not capable of resisting all nominal loads orl load effects. C. Structures/components that have reached their limit state. D. Siding and masonry. joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects. F. Foundation systems that are not firmly supported byf footings, are not plumb andi free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. G. Exterior walls that are not anchored to supporting and supported elements or are not plumb andf free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable ofs supporting all H. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs or deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored ort that re anchored with connections not capable of supporting all nominal loads and resisting all load  within this definition.  following defects:  resistant or water tight.  nominal loads and resisting all load effects.  effects.  resisting all load effects.  effects.  2    K. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escaped, standpipes and exhaust ducts not properly anchored ort that are anchored with connections not capable ofs supporting all nominal loads and resisting all loade effects. Exterior stairs, decks, porches, balconies and alls similar appurtenances attached, including guards andi handrails, are not structurally: sound, not properly anchored ort that are anchored with connections not capable of supporting nominall loads and resisting alll load effects. M. Chimneys, cooling towers, smokestacks ands similar appurtenances not structurally sound or not properly anchored, ort that are anchored with connections not capable of supporting all nominal loads and resisting alll load N. Those which have been damaged by fire, wind or other causes so as tol have become dangerous tol life, safety ort theg generall health and welfare oft the occupants ort the residents of Meyersdale Borough. 0. Those which! have become ora are: sO dilapidated, decayed, unsafe, unsanitary orv whichs so utterly fail top provide the amenities essential to decent living that they are likelyt to cause: sickness or disease. P. Those which! have parts thereof which are: so attached that theyr mayf fall and injure members oft thep public or property. 2. Those which are unsafe, unsanitary or dangerous tot the health, morals, safety or generalwelfare oft the occupants ort the residents of Meyersdale Extermination the control and elimination ofi insects, rodents, or other pests by eliminating their harborage places; by removing or makingi inaccessible materials that may serve ast theirt food; by poisoning, spraying, fumigating, trapping; or any other Infestation the presence ofi insects, rodents, vermin and/or other pests. Lot-ap plot, tract, premises or parcel of land, with or without improvements thereto. Nuisance- fori the purpose oft this ordinance, nuisance is defined as follows: A. Any public nuisance known in common! law ore equity jurisprudence. B. Any nuisance which may prove detrimental to children whether ina al building or upon an unoccupied lot. This includes, buti isr notl limitedt to, abandoned wells, shafts, basements ande excavations; or abandoned: appliances, furnaces, vehicles, machinery or parts thereof, structurally unsound fences and structures; or anyl lumber, bricks, cement blocks, tires, trash, debris or Whateveri is dangerous tol human life ori is detrimental tol health.  effects.  Borough.  approved pest elimination methods.  vegetation which may prove al hazard.  3    D. Dwelling or non-dwelling structures which tend to depreciate property values and jeopardize or be detrimental to the health, safety, morals or welfare of the residents of the Borough due toi faulty design or construction, or to failure to maintain them ina proper state of repair or to improper Occupant any person living, sleeping or eating, or having actual possession ofa Owner an individual or entity in possession of title for residential rental unit, a building Person -a natural person, partnership, corporation, unincorporated association, limited Police- - the Police Department oft the Borough of Meyersdale or any properly authorized member or officer thereof or any other law enforcement agency having Premises anyl lot, plot or parcel of land either occupied or unoccupied by any dwelling Unoccupied Hazard - any building, or part thereof, or manmade structure, which remains unoccupied for a period of more than six (6) 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 froa Vegetation - any plant growth toi include grass, shrubs, weeds, flowers. Yard-a any open space on1 the same lot witha building and, for the most part,  management. dwelling or structure. or land.  partnership, trust or any other entity. jurisdiction within the Borough of Meyersdale. orr non-dwelling structure.  period of more than six (6) months. unobstructed from the ground up. Section 2. Responsibility  The owner of the premises shall maintain the structures, lot and yardi in  compliance with the requirements ini this Ordinance. A person shall not occupy or permit another person to occupy premises which are not inas sanitary and safe condition and which do A. The exterior oft the dweling/non-dwelling structures and premises shall be kept ina B. Rubbish, garbage and other debris shall be disposed of ina clean, sanitary ands safe An infestation of insects, rodents, vermin and/or other pests in structures or on  not comply witht the requirements int this Ordinance. clean, sanitary and safe condition. manner ina accord with the Ordinance No. 421. premises shall be exterminated immediately.  4    D. Grass, weeds and vegetation shall be maintained ata al height six (6) inches orl less. E. Automobiles, vehicles and/or equipment shall be maintained iny working ordera and Occupants ofac dwelling or structure are responsible for keepingi iti ina ac clean, sanitary and safe condition that part oft the dwelling ors structure which they occupy and control.  inspected, if required by law. Section 3. Buildings ands Structures  A. No owner of any building or structure shall fail tot take such steps and perform such maintenance with respect thereto, asr may be required from time tot time, to ensure that thep propertyi is safe, sound, sanitary ands secure and does not present al health and/ors safety hazardt to surrounding properties ort tot the general public. B. No owner of any unoccupied! building or structure: shallf fail tot takes suchs steps as requiredt toi insure that the: same are: securely closeds so ast to prohibit and deter entryt thereto andt toi insure that nol health and/ors safety! hazard, ort threat thereof, is precipitated duet toal lack ofr maintenance or due to neglect. Owners ofa anya anda all unoccupied! buildings and/ors structures which, through neglect, have deteriorated" tot the point of being classified as unoccupied hazards, and therefore constitute: as severe health and/or safety) hazard, upon direction oft the Police and/or Code Enforcement Officers shall remove or causei the removal oft the D.A All structural members: shall ber maintained free from deterioration, and shall be capable ofs safely supporting the imposed dead and live loads. . All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kepti ins such condition: so ast top prevent the entry ofr rodents and Alle exterior walls shallb be free from! holes, breaks, and loose ori rottingr materials; and maintained weatherproof and properly: surface coated where required toj prevent G. Ther roof andi flashing shall bes sound, tight and not have defects that admit rain. Roof drainage shall be adequate top prevent dampness or deterioration int the walls ori interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in goodr repair andi free from obstructions. Rood water shall not! be dischargedi inar manner that creates a public nuisance. H. All cornices, belt courses, corbels, terra cotta trim, wall facings and: similar decorative features shall be maintained in good repair with proper anchorage andi in Allo overhang extensions including, but not limited to canopies, marquees, signs, metala awnings, fire escapes, standpipes and exhaust ducts shall be maintained in goodir repair and be properly anchored so ast tol be kept inas sound condition. When required, alle exposed surfaces ofr metal or wood shall be protected from the  building and/or structure.  other pests. deterioration.  as safe condition.  5    elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surfacei treatment. Every exterior: stairway, deck, porch and balcony, anda alla appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. K. All chimneys, cooling towers, smoke stacks and similar appurtenances: shall be maintained structurally: safe and sound, and ing good repair. All exposed: surfaces of metal or woods shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface Every handrail and guards shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. M. Every window, skylight, door and frame shall be kept ins sound condition, good repair N. Allg glazing material shall be maintained free from cracks and holes. O. Allexterior doors, doora assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units shall tightly secure the door. P. Every basement hatchway shall be maintained to prevent the entrance of rodents, A. Fences and/or minor structures shall not be constructed: and maintained so ast to present a safety or health hazard to persons and/or property. B. No person shall permit the development or accumulation of hazards, rodent harborage and/or infestation upony yards, lots or parking areas. With the exception of approved storm water retention areas, all lots and yards shall be graded and maintained to prevent the erosion ofs soil andi to prevent the accumulation of stagnant water thereon, or within any: structure located thereon. D. No person shall permit the accumulation of heavy undergrowth: and/or vegetation which would impair the health and/or safety oft ther neighborhood; nor shall they permit any trees, plants or shrubbery, or any portion, to grow on their property and which constitute a safety hazard to pedestrian and/or vehicular traffic. E. Grass, weeds and vegetation: shall be maintained atal height of six (6) inches orl less. No person shall accumulate or store junk, wood, brick, cement block or other debris. Nor shall they permit omabepncVAeneNs appliances, furnaces, machinery or other nuisances to be stored ont their property and which constitutesa G. No person shall store any refrigerator, freezer and/or other similar storage chest to be discard, abandoned or stored in any place or location whichi is accessible tot the general public without first completely removing any and all locking devices and/or  treatment.  and weather tight.  rain ands surface drainage water.. Section 4. Yards, Open Lots, Parking Areas  health and safety hazard.  6    doors; provided that nothing hereins shall be construed: so ast top permit any act or practice otherwise prohibited by the Ordinance No. 421. Section! 5. Infestation, Prevention and Correction A. Alls structures, lots andy yards shall be keptf freei from rodents and other wild and feral animal harborage and infestation. Where rodents orv wild orf feral animals are found, they shall be promptly exterminated or removed by processes which will not bei injurious tol human health. After extermination or removal, proper precautions shall bet taken1 to eliminate such harborage and prevent re-infestation. B. Adequate sanitary facilities and methods shall be usedf for the collection, storage, handling and disposal of garbage and refusei in: accordance with the Ordinance No. Where there exists rodent and vermin infestation, corrective measures: shallb be undertaken byt the property owner: and/or occupant to alleviate the existing problem (s), toi include screening, extermination and/or garbage: andi refuse control. Methods employed for extermination shall conform toa approved anda accepted practices. Section 6. Automobiles, Vehicles and Equipment A. No person shall store on public or private property ana automobile, vehicle or other equipment whichi isr noti inf full or complete working order ori is without current registration plates ands statei inspection. sticker. B. No person shalls store onp public orp private property: ana automobile, vehicle or other equipment to be used for resale asj junk metal and/or parts. Section 7. Repair, Vacation or Demolition Thet following standards are set forth:  421.  A. Ifthe dangerous building can reasonably be repaired: sot thati it willr no longer exist in violation oft the terms oft this Ordinance, its shall be ordered repaired. B. Ifthe dangerous buildingi isi ins such condition as tor make it dangerous tot the health ors safety ofi its occupants, its shall be order tol be vacated. Incases where a dangerous building is damaged fifty (50) percent or moret from its valuei immediately prior tot the loss, its shall be demolished,: andi ina all cases where a building cannot be repaired sot that itv will no longer exist in violation oft the terms of this Ordinance, it shall be demolished. In cases wherea a dangerous buildingi is at fire hazard existing or erected in violation oft the terms of the Ordinance, its shall be A. Thep purpose of this sectioni ist top provide a mechanism for the issuance oft tickets rather than citations tor residents who arei in violation oft the terms oft this Ordinance  demolished. Section 8. Enforcement  7  -    to pay at ticket fine rather thana citation whichi is costly and requires al legal hearing before a Judge and potential appeals. A resolution int this manner is beneficial from at two-fold aspect in that itp permits the Borough to maintain and enforce its Ordinance and permits a resident so accused to resolve the dispute ina a manner that does not unduly burden the resident by requiring the issuance ofa citation anda court hearing. It does not deprive the resident the right to dispute the ticket and receive the full benefit of procedural and substantive due process of law. B. The provision of any Section of this Ordinance may be enforced by police officers, code enforcement officers ora public officer sworn to uphold and enforce the law of The Borough Council mayf from time tot time change, increase or decrease those sections to be covered under this enforcement by passing a resolution. D. Any violation oft the provisions of this Ordinance may be cause for a notice of violation, violation ticket, or citation to be issued tot the violator. Section 9. Process for Issuing Violation Tickets The following process shall be utilized:  the Borough.  A. The Notice of Violation shall be in writing and shall identify the property address, include a clear and concise statement oft the violation(s), specify the maximum time framet to take corrective. action to bring the property into compliance with the Ordinance and/or Property Maintenance Code and detail the fine for non-payment B. The Police and/or Code Enforcement Officer shall serve the Notice of Violation to b. By handing the Notice of Violation to! bes served to ana adult member oft the household or other person in charge oft the resident at the residence of the By leaving or affixing the Notice of Violation ticket to the property where the d. By handing the Notice of Violation toi the violator's agent or tot the person in charge thereof at any office of usual place of business of the violator. e. By mailing the notice to the violator's address of record first class mail witha . Ifthe violation is not addressed tot thes satisfaction of the Police, Code Enforcement Officer and/or Borough Council withint ten (10) days from the issuance of the Notice of Violation, the Police or Code Enforcement Officer shall issue a Violation Ticket to the violator consistent witht the service of process described in Section 9Ba above. The Violation Ticket shall be iny writing and shall identify the property address, include a clear and concise statement of the violation(s), specify the maximum time  oft thet ticket within the prescribed time frame.  the violator:  a. By handing the Notice of Violation tot the violator  person to be served. violation exists.  certificate of mailing.  8    -  frame tot take corrective: actiont to being the property into compliance with this Ordinance and/or Property Maintenance Code and detail thef fine for1 the ticket. D. Each day a violation continues ori isp permitted to continue after the allotted time frame constitutes as separate offense for whichas separate fine mayb bei imposed. E. The Police and/or Code Enforcement Officer is authorized ande empoweredi to correct or abate any violation whichi int the discretion oft the officer suchy violation constitutes ac clear and present danger to the health: ands safety of the community. Ins said circumstance, alls steps shall bet takent to correct ora abate the violation within 24 hours as described in the Borough's Property Maintenance Code. Ifthe Borough has effected a correction of thev violation, the cost thereof shall be charged tot the owner oft the property consistent with the provisions oft the  Borough's Property Maintenance Code. Section 10. Violation Ticket Disposition  A! personi in receipt ofa Violation Ticket shall have ten (10) days within which time to gayt the amount stated on the ticket. Int the event the ticket isr not paid withint ten (10) Afldays such failuret to pays shall result int the issuance ofa citation fori the offense witht the  local District. Justice. Section 11. Fines and Penalties  A. For thef first offense oft the violation oft this ordinance withinai 12 month period, the B. For thes second offense of the violation oft this ordinance within a 12 month period, Fort the thirdo offense oft the violation oft this ordinance withina 12 month period, the D. For the fourth offense oft thev violation oft this ordinance withina a 12 month period, Ina addition toi imposing fines and penalties as listedi in Section 11, the magisterial district courtj judge may order the violator upon conviction tor make restitution to any aggrieved The Borough Council may enter or may cause, through ana authorized representative of the Borough, entry onto premises fort thep purpose ofi inspection of anya and all premises, properties, buildings and/or structures located within Meyersdale Borough, upon reasonable (ie 24 hour) advance notice, for the purpose ofa ascertaining thee existence of violations. In1 those matters wheret the nature of an alleged violationi is suchi that an  ticket shall bei issued int the amount of $50. the tickets shall bei issuedi int the amount of $100. ticket shall be issued in thea amount of $200. thet ticket shall be issuedi int the amount of $300.  - S  Section 12. Restitution person. Section 13. Inspection  9    inspection of the interior ofab building ors structure is necessitated, prior arrangements must be made witht the owner, or agent, to secure access thereto. Effective Date: This Ordinance shall take effect immediately upon passage. ENACTED AND ORDAINED into law by the Borough of Meyersdale, Somerset County,  Pennsylvania, this 14th day of April: 2015.  ATTEST:  BOROUGH OF MEYERSDALE  BY:  CdEhas Secretary (SEAL)  6y  résident L  EXAMINED AND APPROVED by me this 14" day of April, 2015.  MA Mayor  Ihereby certify that the foregoing Ordinance was advertised in the Daily American, April2, 2015, a newspaper of general circulation ini the Municipality and was duly ENACTED. AND APPROVED ass set forth at a Regular Meeting of the Borough of Meyersdale held April 14,2015.  haaia C.CGREVR Patricia C. Ackerman Borough Secretary  10    BOROUGH OF MEYERSDALE ORDINANCE NO. 422A Somerset County, Pennsylvania AMENDED PUBLIC NUISANCE ORDINANCE  WHEREAS, the BOROUGH OF MEYERSDALE enacted the Public Nuisance Ordinance, WHEREAS, thel BOROUGH OF MEYERSDALE desires to Amend Ordinance No. 422 Sections 9, 10 and 11 to effectuate compliance with the Ordinance, all other sections of Ordinance No. 422 remaining in full: force and effecta and top promote the health, safety and WHEREAS, thel BOROUGHO OFN MEYERSDALEI hasi resolved to enact Ordinance No. 422A to  Ordinance No. 422t to address issues within thel Borough; and,  welfare of the Brough and,  Amend Ordinance! No. 422 as set forth! below: and, Section 9: Process for Issuing Tickets  G. After 30 days ofr noncompliance, beginning on date oft the service of the violation upon the violator, on the 3151 day and every subsequent day thereafter the violator may bei issued at ticket  for each day as and ongoing and continuing violation. Section 10: Violation Ticket Disposition  Aj person in receipt ofay violation shall have 10 days toy payt the amount stated on the ticket and alleviate the violation. Int the event thet ticketi ist not paid and the violation isr not alleviated within 10 days, such failuret to pay and alleviate the violation shall result in thei issuance ofa citation for  the offense with the local district magistrate.    Section 11. Fines and penalties  A. The first offense of the violation of this ordinance within a six- -month period, the ticket B. The second offense of violation oft this ordinance within a six month period, the ticket The third offense of violation of thc ordinance within a six-month period. the ticket shall D. The fourth offense of the violation oft this ordinance within a six-month period, the ticket  shall be issued in the amount of$100.00; shall be issued in the amount of $250.00: bei issued in the amount of $500.00; shall be issued in the amount of $1.000.00. This Amendment is effective upon enactment.  ENACTED AND ORDAINED into an Ordinance this Dd day of  JANVARY 2023  ATTEST:  hiain ADeNas Borough Secretary  124 President of Council  APPROVED, this oB day of JANUANY  2023.  Mayor  chekD  2    Ihereby certify that the foregoing Ordinance was advertised int the Daily American, December 22, 2023, a newspaper of general circulation in the Municipality and was duly ENACTED AND APPROVED as set forth at al Regular Meeting oft the Borough of! Meyersdale held January 10, 2023.  Abia AOshw Patricia C. Ackerman Borough Secretary