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Part 12
Property Maintenance Rules and Regulations
Property Maintenance Rules and Regulations
[Adopted 6-28-2010 by Ord. No. 28-2010 (Ch. 5, Part 14, of the 2001 Code of Ordinances) ; Amended 1-25-2021 by Ord. No. 7-2021]
Lack of maintenance of properties, littering, improper storage of trash and rubbish, storage of inoperable/nonregistered vehicles, vendor operations without permits and accumulation of snow and ice are costly problems that contribute to the deterioration of property values and general disorder in a community. These problems degrade the physical appearance of the City, which reduce business and tax revenue, inhibiting economic development. The quality of life and community pride of the citizens of Reading are negatively impacted by the occurrences and existence of these activities. Recognizing these are community problems, the purpose of this Part is to promote the health, safety and general welfare of the City by helping to create a clean environment for the citizens of Reading.
[Amended 1-25-2021 by Ord. No. 7-2021]
The following words, terms and phrases, when used in this Part, shall be defined as follows, unless context clearly indicates otherwise:
DEBRIS - Any material upon the premises that is a residue of structural demolition, or any other material that is not neatly stored, stacked or piled in such a manner so as not to create a nuisance or become a harboring place or food supply for insects and rodents.
HOUSEHOLD HAZARDOUS WASTE (HHW) - See Chapter 496-201, “Solid Waste.”
ILLEGAL DUMPING - The unauthorized depositing, placing, throwing or dumping of solid waste or recyclable materials on public or private property or at any location other than a permitted disposal or processing facility.
INDOOR FURNITURE - Any and all pieces of furniture which are made for only inside use including, but not limited to, upholstered chairs and sofas, etc.
JUNKED VEHICLE -
A. Any vehicle which presents a hazard or danger to the public or is a public nuisance by virtue of its state or condition of disrepair.
B. The following conditions, if present, are examples of a state or condition of disrepair:
(1) Rusted and/or jagged metal on or protruding from the body of the vehicle.
(2) Broken glass or windows on or in the vehicle.
(3) Leaking of any fluids from the vehicle or deflated or flat tire(s).
(4) Unsecured and/or unlocked doors, hood or trunk.
(5) Storage or placement of the vehicle in an unbalanced condition, on concrete blocks or other similar apparatus.
(6) Harboring of rodents, insects or other pests.
C. The foregoing examples are not inclusive of all conditions which may constitute a state or condition of disrepair. See also "motor vehicle nuisance."
LITTER - Any solid waste or recyclable material improperly discarded, deposited, or abandoned. Litter can be intentional or unintentional. It can come from a person, vehicle, or other source. Litter can occur anywhere but is often found on streets, sidewalks, in parks, and near abandoned properties or empty lots.
LITTER RECEPTACLE - A permanent or semi-permanent receptacle placed on public or private property for the purpose of preventing litter by collecting small amounts of waste material from passersby.
LOCAL RESPONSIBLE AGENT - Any person residing or working within the County of Berks designated to accept service on behalf of a legal owner or operator of a rental dwelling unit.
MOBILE VENDOR - A vendor or seller of food and/or goods from a vehicle or other conveyance upon the public streets or alleys of the City that does not typically remain stationary for more than approximately 10 minutes each hour.
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 defects:
A. Broken windshields, mirrors or other glass, with sharp edges.
B. Broken headlamps, tail lamps, bumpers or grills with sharp edges.
C. Any body parts, truck, firewall or floorboards with sharp edges or large holes resulting from rust.
D. Protruding sharp objects from the chassis.
E. Missing doors, windows, hood, trunks or other body parts that could permit animal harborage.
F. One or more open tires or tubes which could permit animal harborage.
G. 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 property on which said vehicle is found.
H. Any excessive fluids leaking from vehicle which may be harmful to the public or the environment.
I. Disassembled body or chassis parts stored in on or about the vehicle.
J. Vehicles that do not display a current valid license and registration.
K. Such other defects which the Fire Department determines to be a danger to the general public or property.
L. Motor vehicles parked, drifted or otherwise located which may interfere with flow of pedestrian or automobile traffic or impede emergency efforts.
MUNICIPAL WASTE - See Chapter 496-201, “Solid Waste.”
NOTICE OF VIOLATION - A written document issued to a person in violation of a City ordinance which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.
NUISANCE - Any condition, structure or improvement which constitutes a danger or potential danger to the health, safety or welfare of citizens of the City or causes a blighting effect in City neighborhoods. See also "public nuisance."
PERSON - Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity whatsoever which is recognized by law as being subject to such rights and duties.
PLANTER STRIP - The non-concrete space in the sidewalk area filled with dirt and/or grass.
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 improvement; walkways and alleyways; and parking areas, designed or used either wholly or in part for private residential, industrial or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC NUISANCE - Any condition or premises which is unsafe or unsanitary.
PUBLIC OFFICER - Any police officer, authorized inspector, or public official designated by the Mayor to enforce the City ordinances.
PUBLIC RIGHT-OF-WAY - The total width of any land used, reserved or dedicated as a street, alley, driveway, sidewalk or utility easement, including curb and gutter areas.
RECYCLABLE MATERIAL - See Chapter 496-201, “Solid Waste.”
RESIDUAL WASTE - See Chapter 496-201, “Solid Waste.”
SHADE TREE - Unless otherwise specified, includes all trees, shrubs, and woody vegetation in the public right-of-way.
SIDEWALK AREA - The public right-of-way between the property line and the curbline or the established edge of the roadway.
SOLID WASTE - See Chapter 496-201, “Solid Waste.”
STORAGE - The containment of any solid waste or recyclable material on a temporary basis in such a manner as not to constitute disposal of said waste, and it shall be presumed that the containment of any solid waste or recyclable material in excess of three months constitutes disposal.
TREEWELL - The non-concrete area surrounding a shade tree planted in a sidewalk area.
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 a police officer or public officer to a person who violates a provision of this Part. The violation ticket is an offer by the City of Reading extended to a person to settle a violation by paying the fine in lieu of a citation being issued against the violator.
WEEDS -
A. Shall be defined as all grasses, annual plants and vegetation, which meet any of the following criteria:
(1) Exceed six 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 a public nuisance.
B. 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.
[Amended 9-12-2011 by Ord. No. 39A-2011; 11-28-2011 by Ord. No. 56-2011; 4-23-2012 by Ord. No. 38-2012; 1-25-2021 by Ord. No. 7-2021]
A. QOL.001 Accumulation of waste. All exterior property and the interior of every structure shall be free from any accumulation of solid waste or recyclable material.
B. QOL.002 Animal maintenance and waste/feces cleanup. People owning, harboring or keeping an animal within the City of Reading shall not 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. All waste from animals must be cleaned up on a daily basis.
C. QOL.003 Improper disposal or dumping of waste. Improper disposal of solid waste or recyclable material or dumping of said material on vacant, unoccupied, or other property.
D. QOL.004 High weeds, grass or plant growth. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches (152.4 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation. Cultivated flowers, gardens, trees and shrubs shall not be included as a violation of this Part.
E. QOL.005 Littering or scattering waste. No person shall throw, dump, place, sweep or dispose of anysolid waste or recyclable material upon any public sidewalk, alley, street, bridge, public passageway, public parking area or on any public property.
F. QOL.006 Motor vehicles. It shall be unlawful to store, park or place any unregistered, uninspected, inoperative, unlicensed or nuisance motor vehicle 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.
G. QOL.007 Operating a food cart illegally. It shall be unlawful to operate any food cart without the proper permits and/or inspections. It shall also be unlawful to operate any food cart while any portion of the cart is inoperable.
H. QOL.008 Operating or vending without the proper permit/license. It shall be unlawful for any person, business, partnership or entity to operate, including but not limited to any business, vending cart, store or establishment without the proper permits.
I. QOL.009 Outside placement of indoor appliances/furniture. It is prohibited to store or place any/all appliances or furniture, including but not limited to ranges, refrigerators, air conditioners, ovens, washers, dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior chairs or interior tables on the exterior of any property for the purpose of sale or any other reason except for the temporary purpose to perform maintenance in said property.
J. QOL.010 Ownership presumption of waste. It shall be the responsibility of every owner and/or occupant to dispose of their solid waste and recyclable materials in a proper manner. Any business or person who is unable to show proof that they have legally disposed of any solid waste or recyclable materials will be in violation of this Part. Should any person or business use an unlicensed hauler to dispose of said materials, said person or business shall be in violation of this Part. Upon request of the Property Maintenance Manager or his/her designee, any owner or occupant must show proof of their appropriate solid waste or recyclable hauler. For any material found within any container or any loose trash/waste found that displays the name and/or address of a person and/or persons, that material shall be presumed to be the property of such person and/or persons. It shall be unlawful for any person, business, partnership or entity to remove or haul solid waste or recyclable material without the proper approval or license. Any solid waste or recyclable material found not to be disposed of in accordance with this Part, will be a violation of this Part.
K. QOL.011 Placement or littering by private advertising matter. No person shall throw, place, sweep or dispose of litter or private advertising matter upon any public sidewalk, alley, street, bridge, public passageway, public parking area or any public property. No person, group, organization or entity will hang, place or advertise on any public property in any manner. No person, group, organization or entity will hang, place or advertise on any property that they do not have any ownership rights without written approval of said owner.
L. QOL.012 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 City of Reading is required to remove any snow or ice from their sidewalk. Any property located along Penn Street, Washington Street and/or Court Street or along Second Street, Third Street, Fourth Street, Fifth Street, Sixth Street, Seventh Street, Eighth Street and Ninth Street, between Penn Street and Washington Street, shall have all snow or ice removed within two hours of the cessation of said snow and ice falling. Furthermore, the entire sidewalk must be free of all snow and ice in these areas. Any other property within the City of Reading shall have all snow and ice removed within four hours of the cessation of said snow and ice falling and must create a path, free from any snow or ice, of three feet on said sidewalk. Should any property be a place of business within the City of Reading, all snow and ice must be removed within four hours of the cessation of said snow and ice falling. For any property deemed a business, the entire sidewalk must be free from any snow and ice. If/when the snow and/or ice cessation happens during the hours of darkness, the time limit of removal of all snow and ice begins at daybreak. [Amended 12-9-2013 by Ord. No. 72-2013]
M. QOL.013 Storage containers for solid waste or recyclable material. The owner of every premises shall supply containers forsolid waste and recyclable materials that meet the specifications in Chapter 496
“Solid Waste” as well as be responsible for the removal of all waste from the property. All containers that store solid waste or recyclable material shall be durable, watertight and made of metal or plastic. Containers must have tight-fitting covers and must be kept clean and odor free at all times. Any containers provided free of charge by the City shall remain the property of the City and the property owner where the container is received shall be responsible for securing and maintaining said container. City-provided containers may not be permanently modified, except by the City or its designees, and shall only be used for their intended purpose. All containers must be stored such that said containers are not visible from the public right-of-way. Storage containers may only be placed in front of any property for collection after 5:00 p.m. the day before the scheduled collection. Containers shall be returned to an appropriate storage location no later than 7:00 a.m. on the day after the scheduled collection. (Example: Jim Smith's trash collection day is Wednesday. Jim Smith may place his trash containers out front of his property on Tuesday night, after 5:00 p.m. Jim Smith must place his trash containers in the rear of his yard before 7:00 a.m. on Thursday morning.) [Amended 12-9-2013 by Ord. No. 72-2013]
N. QOL.014 Storing or discarding of appliances. Refrigerators and similar equipment, including but not limited to washers, dryers, dishwashers and ranges not in operation, shall not be discarded, stored or abandoned on any premises without first removing the doors.
O. QOL.015 Storing of hazardous material. It shall be unlawful for any person, business or entity to store combustible, flammable, explosive or other hazardous waste or household hazardous waste, including but not limited to paints, volatile oils and cleaning fluids or combustible rubbish, including but not limited to wastepaper, boxes or rags unless the storage of said materials is stored in compliance with the applicable Building Codes.
P. QOL.016Separation and collection of recyclable materials. It shall be the responsibility of the owner of all residential, commercial and industrial properties to provide for the storage, collection and processing of all recyclable material, as defined in Chapter 496, “Solid Waste,” from their property.
Q. QOL.017 Storing or serving of potentially hazardous food. No person, business, partnership or entity shall store or serve potentially hazardous food, including but not limited to out-of-date food, food being stored above or below the appropriate temperature, food being stored directly on a flooring surface, infestation problems at the location or serving food that had previously been open are considered a violation of this Part.
R. QOL.018 Swimming pools. Swimming pools shall be maintained in good repair at all times. They shall also be kept clean, safe, covered and sanitary as well.
S. QOL.019 Violating the terms of any vending license. It shall be unlawful to violate any term, part, portion or in total, any vending license. Any person, business, partnership or entity violating their vending license shall be in violation of this Part.
T. QOL.020 Historic District violation. It shall be the responsibility of the owner of a property located in a Historic District, so designated by City ordinance, to obtain a certificate of appropriateness from the Preservation Officer or the Historic Architecture Review Board before making any alteration, including paint, to the exterior of a structure visible from a public right-of-way. Failure to produce a bona fide certificate of appropriateness upon request by a Codes official shall constitute a violation of this Part.
U. QOL.021 Visible Satellite Dish in Historic District. It shall be the responsibility of the owner of a property located in a Historic District, so designated by City ordinance, to obtain a certificate of appropriateness from the Preservation Officer or the Historic Architecture Review Board before installing or retaining any satellite dish visible from a public right-of-way.
V. QOL.022 Registered waste hauler(s) required. It shall be the responsibility of the owner of every property to retain active and appropriate solid waste and recycling collection services from a licensed waste hauler at all times and submit documentation of said service(s) to the City according to the provisions in Chapter 496, "Solid Waste."
W. QOL.023 Temporary dumpster permit. Each temporary dumpster, whether placed on private property or in a public right-of-way, shall display a valid permit issued by the City of Reading.
X. QOL.024 Temporary dumpster maintenance. Each temporary dumpster must meet all requirements identified in chapter 496 “Solid Waste.” Temporary dumpsters containing solid waste must be covered from 6:00 p.m. to 6:00 a.m. or during all periods on non-use.
Y. QOL.025 Improper use of litter receptacle. A litter receptacle is placed on public property by the City, private property by the property owner, or within the public right of way by the city or adjacent property owner for use by the public to deposit small quantities of handheld trash, but not household or commercial waste. No person shall place household or commercial waste, trash bags, tires, bulky waste, or large quantities of other materials in or around a litter receptacle.
Upon finding a quality of life violation, any City of Reading Property Maintenance Inspector appointed by the Property Maintenance/Codes Administrator of the City of Reading may issue quality-of-life violation tickets to the owner and/or occupant of the property at issue or to the individual known to have violated this Part.
A. The provisions of this Part shall be enforced by police officers, or any other public officer authorized to enforce ordinances.
B. 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.
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