BOROUGH OF MT. OLIVER ORDINANCE NO. 1004 AN ORDINANCE OF THE BOROUGH OF MT. OLIVER, ALLEGHENY COUNTY, COMMONWEALTH OF PENNSYLVANIA, AMENDING CHAPTER 87 (CONSTRUCTION & MAINTENANCE CODES) OF THE MT. OLIVER BOROUGH CODE BY ADDING ARTICLE X ENTITLED QUALITY OF LIFE TICKETING ORDINANCE" AND AMENDING SECTION 209-4 OF THE MT. OLIVER BOROUGH CODE (COLLECTION AND STORAGE OF SOLID WASTE) WHEREAS, the Code Enforcement Officer ("Officer") of Mt. Oliver Borough is responsible for enforcement of various ordinances of said Borough; and WHEREAS, there are properties and structures within the Borough of Mt. Oliver that are not properly maintained, which has caused a negative effect on the quality oflife of the residents oft the Borough; and WHEREAS, it is in the best interest of the residents of the Borough for the Officer to achieve compliance with the various ordinances of this Borough and not simply to always prosecute violations through summary citations; and WHEREAS, the goal of compliance with the ordinances will be advanced by providing the Officer with an alternate preliminary means of achieving compliance, comparable to the means of collecting monetary penalties for parking violations in lieu of summary proceedings. WHEREAS, it is desirous of Borough Council to amend the Borough's existing code sections, namely Section 209-4, SO the language is consistent with Chapter 87, Article 10. NOW, THEREFORE, the Council of Mt. Oliver Borough ordains as follows: SECTION 1 S 87-34. Quality of Life (QOL) Violations (a) QOL-1. Exterior Sanitation - Exterior property and premises shall be maintained in a clean and sanitary condition. (b) QOL-2. Improper Storage of Cans All municipal waste containers must be stored on the side or rear of the property in durable, watertight containers with tight-fitting lids. Containers shall be kept in a clean, neat, and sanitary condition SO as not to create an attraction or harborage for rodents, insects, and other pests. If the property is located on a corner, then the containers shall be stored outside of the public view. (c) QOL-3. Early Set out or Late Removal of Cans - Municipal waste shall be placed curbside for collection no earlier than 6:00 PM the day before collection and no later than 6:00 AM the day of collection. Containers shall be removed from the collection site and stored in accordance to $209-4(F) no later than 10:00 PM on collection days. (d) QOL-4. Overgrowth - Exterior property and premises shall be maintained free from grass and weeds in excess of eight inches in height. (e) QOL-5. Snow & Ice - All sidewalks must be maintained free of snow and ice within 24 hours of a snow event. (f) QOL-6. Pet Waste - Pet waste must be removed on a daily basis. (g) QOL-7. Streets & Sidewalks - No person shall allow, cause, or permit any grass clippings, leaves, or other yard debris to be deposited or blown from a lawn or property onto any public sidewalk, street, or other public property. All grass clippings and other yard debris must be removed from public sidewalks and streets immediately following mowing or trimming. S 87-35. Authority of Issuance and Enforcement (a) The Code Enforcement Officer may, in their sole discretion, issue a preliminary notice of violation, in the form of a quality oflife ticket, and assess a financial penalty directly against a person violating any ofthe provisions ofs 87-34 above in lieu of proceeding against such person in a summary proceedings before a Magisterial District Judge. Such issuance of a preliminary notice ofv violation and assessment of a financial penalty by the Officer as described herein shall be preliminary and not in lieu or in limitation of any other enforcement remedy or procedure available to the Borough under applicable ordinances or applicable law. S 87-36. Service (a) Ifthe Officer elects to proceed in the manner provided for in $ 87-35 above, the Officer shall deliver to the violator a written notice of violation in the form of a quality of life ticket that includes the Officer's name, address and telephone number, the specific ordinance being violated, a concise statement of the nature of the violation and a deadline for corrective action. (b) The quality of life ticket shall be served to the violator in one of the following manners: 1. By handing the ticket or notice of violation to the violator or other adult person in charge at the residence ofthe person to be served;; 2. By leaving or affixing the violation ticket or notice to the property where the violation exists; 3. By mailing the violation ticket or notice to the violator's address ofrecord. (c) For residential properties, ifthe owner and the occupant of are different persons, 2 the owner shall be the responsible party. For commercial properties, if the owner and the occupant ofare different persons, the owner shall be the responsible party, unless able to provide the Borough with a lease signed by both parties clearly stating the commercial tenant's responsibilities and dated prior to the issuance of the quality oflife ticket. S 87-37. Fines and Penalties (a). Any person who is found in violation oft the provisions of $ 87-34 shall pay a fine of thirty-five dollars ($35.00) within ten (10) calendar days of delivery oft the violation ticket or notice. After ten (10) calendar days, the fine shall increase to ($50.00). (b) The monetary penalty set forth in this Section may be changed from time to time by Resolution ofthe Board ofSupervisors adopted at a public meeting. S 87-38. Abatement of Violation (a) If after issuance of the notice of violation, the violation is abated within the required time period, the Code Enforcement Officer may, in their reasonable judgment, determine the matter to be settled without payment of the monetary penalty stated in the notice of violation, and will then consider the notice of violation to be withdrawn. Such determination to withdraw a notice of violation shall be an option in cases involving a first offense. (b) In all cases, ifthe offender timely pays the monetary penalty and acts to bring the property into compliance within the prescribed time period, then the Officer shall not initiate summary proceedings for that violation. If, however, the violation is of a continuing nature and continues beyond the prescribed time period or the monetary penalty remains unpaid, the Officer may issue additional preliminary notices ofviolation in the form oftickets and assess additional financial penalties as provided herein for as long as the violation continues, or the Officer may issue a notice ofviolation under Section 107 ofthe Code, or the Officer may initiate summary proceedings for continuing violation or unpaid monetary penalty. (c) The Borough of Mt. Oliver and/or its contractor reserves the right to perform any necessary work to abate any violation once 72 hours passes from the date of delivery of the violation ticket or notice. Should the violation pose a health hazard and/or public nuisance, the Borough reserves the right to perform the abatement work immediately. The Borough will perform this work at a rate designated by the Borough's adopted Fee Schedule. A bill/invoice will be generated for payment by the owner or occupant of the property, separate from the violation ticket. 3 SECTION 2 $209-4 shall be amended to read as follows = A. The municipality shall provide for the collection of all garbage, rubbish, and bulky wastes from individual residences and multifamily residences with up to four units. All households shall utilize the residential collection service provided by the municipality unless they can demonstrate that they have made alternate arrangements with aj properly licensed waste hauler. B. Multifamily residences of more than four units and commercial, institutional, or industrial establishments shall negotiate and individually contract collection service with the municipality's collector or another properly licensed waste hauler oft their choice. C. Residential garbage and rubbish shall be collected at least once a week. Bulky waste shall be collected subject to requirements set forth by the municipality's contracted hauler. D. Multifamily, commercial, institutional, or industrial waste shall be collected at least once a week or as often as necessary to control health hazards, odors, flies, and unsightly conditions. The municipality reserves the right to require more frequent collections when deemed necessary. E. No person shall put out for pickup more than what the municipality's contracted hauler is required to collect, as specified in the contracted hauler's guidelines for collections, unless prior arrangements have been made and communicated to the Borough Code Enforcement Officer ahead of time. Guidelines for collection are available at the Municipal Building and on the Borough website. F. All municipal waste containers must be stored on the side or rear oft the property in durable, watertight containers with tight-fitting lids. Containers shall be kept in a clean, neat, and sanitary condition SO as not to create an attraction or harborage for rodents, insects, and other pests. Ifthe property is located on a corner, then the containers shall be stored outside oft the public view. G. Municipal waste shall be placed curbside for collection no earlier than 6:00 PM the day before collection and no later than 6:00 AM the day of collection. Containers shall be removed from the collection site and stored in accordance to $209-4(F) no later than 10:00 PM on collection days. H. When solid waste is permitted to be placed at the collection site, solid waste not in an approved container must be contained within disposable plastic bags. Disposable plastic bags must be designed for waste disposal and shall have sufficient strength to maintain physical integrity when lifted by the top. Plastic bags shall be securely tied at the top for collection and have a capacity ofnot more than 30 gallons and a loaded weight of not more than 35 pounds. Bulk items shall be put out for pickup in accordance with requirements set forth by the municipality's contracted hauler. 4 SECTION 3 - REPEALER As ofthe effective date of this Ordinance, all ordinances currently in existence are repealed to the extent that such ordinances are inconsistent with the provisions ofthis Ordinance. SECTION 4 - SEVERABILITY The provisions of this Ordinance are severable. If any section, sentence, or clause of this Ordinance is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any ofthe remaining sections, sentences, or clauses of this Ordinance. SECTION 5 - EFFECTIVE DATE This Ordinance shall become effective upon enactment by the County of Mt. Oliver Borough. ORDAINED AND ADOPTED at a duly assembled public meeting held the I day of Mast 2025. ATTEST: BOROUGH OF MT. OLIVER 72 L 4 By: Chtnp Lup Secretary Council President Recording Certification. This Ordinance recorded in the Township Ordinance book on May 19 2025, by the undersigned. t Lu 1 5