Wharton |
Code of Ordinances |
Part II. General Legislation |
Chapter 231. Property Maintenance |
Article III. General Requirements |
§ 231-14. Exterior property areas.
Latest version.
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A.Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in clean and sanitary condition.B.Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon, except for approved retention areas and reservoirs.C.Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions and free from obstructions.D.Grass and weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches, including weeds, before it shall be mowed or cut down. If the owner or occupant of the premises fails to cut the grass, within seven days after notice to do so, the Borough may hire a contractor to cut the grass or do so itself. The owner will be charged for all associated costs. If unpaid, pursuant to law said costs will become a lien upon the property. If the owner or occupant habitually fails to comply with the provisions of this section, the Borough will take corrective action as set forth in this chapter. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens.E.Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. Proof of extermination shall be provided to the Borough to verify that adequate measures were taken.F.Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.G.Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.H.Outdoor storage.[Amended 10-23-2006 by Ord. No. O-22-06](1)Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in the state of major disassembly, disrepair or in the process of being stripped or dismantled. Commercial painting of vehicles is prohibited unless conducted inside an approved spray booth. No motor vehicle, boat, trailer or storage container shall be parked, kept or stored on the front lawn; on an unpaved area in the front of the dwelling; on a sidewalk or on an unpaved walkway in front of the dwelling. Off-street parking of motor vehicles for all dwellings shall only be on areas designed and constructed for such use; for dwellings with garages, such areas shall lead directly to the garage; for dwellings without garages, such areas shall only be located on the side of such dwellings unless there is insufficient area on the side to accommodate a parking area.(2)Exception: A vehicle of any type is permitted to undergo major overhaul, including bodywork, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.I.Defacement of property. No person shall willfully or wantfully damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.J.Exterior maintenance standards. The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and all structures thereon shall reflect a level of maintenance in keeping with the character of the neighborhood, residential, commercial and/or industrial, and such that the appearance of the premises and structures shall not constitute a blighting factor on adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood.K.Free of matter, materials or conditions. The exterior of all premises shall be kept free of the following matter, materials or conditions:(1)Refuse, as herein defined.(2)Rubbish, as herein defined.(3)Abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations, excavations or outhouses.(4)Abandoned iceboxes, refrigerators, boilers, hot-water heaters, television sets, and other similar appliances.(5)Furniture not designed for outdoor use.(6)Structurally unsafe or unsound buildings, structures or fences.(7)Animal excrement.(8)Hidden or uncovered ground or surface hazards, such as holes, sudden depressions, and sharp or jagged projections or obstructions.(9)Buried rubble, refuse or rubbish.(10)Nuisances, as herein defined.(11)Dangerously loose and overhanging objects, including but not limited to dead trees, tree limbs, hedges, accumulations of ice or any object, natural or man-made, which could threaten the health and safety of persons if caused to fall, or other similar dangerously loose and overhanging objects which by reason of their location above ground level constitute an actual hazard to persons or vehicles in the vicinity thereof. A minimum clearance of eight feet shall be provided above pedestrian pathways.(12)Inadequate or unsafe foundation walls, piers and columns and other similar structurally unsound, damaged or defective load-bearing components which are incapable of bearing imposed loads safely at all points, as determined by the Housing Officer.(13)All firewood shall be stacked neatly and shall not be stacked or stored within any front yard as determined by the orientation of the house. The firewood shall not be closer than three feet to any property line unless it is fully covered, and it shall be raised a minimum of 12 inches off the ground.(14)Structurally unsound, loose, dangerous, crumbling, missing, broken, rotted or unsafe exterior portions of buildings or structures, including, but not limited to, porches, landings, balconies, stairways, handrails, steps, walls, timbers, overhangs, roofs, fences, supporting members, abutments, fire escapes, and signs; loose, crumbling or falling bricks, stones, mortar or plaster.(15)The exterior of every structure or accessory structure, including fences and walls, shall be maintained in good repair. The same shall be maintained free of broken window glass, loose shingles, crumbling stone or excessive paint peeling or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety or fire hazards eliminated or adjoining properties protected from blighting influences. Except in a case of a fire, no window may be boarded over except as a temporary emergency measure and, in no case, for more than 90 days, unless approved by the Housing Officer, upon such terms and conditions as he deems advisable. (Windows boarded up as of the effective date of this chapter shall be treated as if first boarded up on said date.) In the event of a fire, the Housing Officer may permit the windows of the property to remain boarded up for additional ninety-day periods, but not for more than 270 days. The Housing Officer is empowered to grant a permit to erect temporary fences, such as but not limited to fences to protect new plantings, fences to secure abandoned property, fences to be erected during construction or similar fences. Except in the case of construction or repair of premises, no such temporary fence shall be permitted for more than 60 days, unless an extension is approved by the Housing Officer upon such terms and conditions, as he deems advisable. Snow fences may be temporarily installed, without permit, from November 1 through March 31 of each year.(16)Garbage containers and storage.(a)Every owner, operator and occupant shall have the duty and responsibility of providing sufficient and suitable receptacles with close-fitting covers for receiving and holding refuse, garbage and recyclable cans and bottles. The receptacles shall be maintained with the cover in place to prevent the creation of a nuisance. All receptacles shall be kept separate and apart from public sidewalks and other pedestrian areas, except when set out for collection during the hours of a day scheduled for collection. To the extent possible, all such receptacles shall be concealed or camouflaged from view from any member of the public facing the premises in question. Commercial establishments shall keep all such receptacles in an enclosed area not subject to public view.(b)No garbage, refuse, rubbish, recyclable, container or receptacle for the aforesaid or any articles or materials for removal by the Borough's Department of Public Works, or by private contractor where applicable, shall be placed or permitted to remain forward of the building line of any premises or at any curb in the Borough for collection, except between 5:00 p.m. of the day preceding the collection day and 9:00 p.m. of the collection day. For good cause shown, on a case-by-case basis, the Housing Officer may vary the hours set forth above, subject to such conditions as he, in his discretion, shall impose.(17)It shall be the responsibility of every owner or occupant of property in the Borough to keep the adjacent curbs and sidewalks free from accumulations of litter, dirt and weeds, or obstructions, including the area known as a "mowing strip" between the sidewalk and the curbs.