(A) Definitions in IPMC. All of the definitions contained in the IPMC, 2018 Edition, Chapter 2, entitled “Definitions” are hereby incorporated by reference as though set forth herein at length.
(B) Amendment of Property Maintenance Code to add definitions. The IPMC 2018 Chapter 2, Section 202, entitled “General Definitions” is amended to add the following words, terms, and phrases:
(1) “BOROUGH” - The Borough of Topton, Berks County, Pennsylvania.
(2) “BOROUGH COUNCIL” - The governing body of the BOROUGH.
(3) “DUMPING” - conduct which includes, but is not limited to, depositing of LITTER, depositing large or small appliances or other durable goods, furniture, INDOOR FURNITURE, carpeting, tires, MOTOR VEHICLES, MOTOR VEHICLE parts, automotive products, MUNICIPAL WASTE, HAZARDOUS WASTE, JUNK, and construction or demolition debris on public or private property, except as authorized by law.
(4) “GRAFFITI” - any unlawful inscription, word, figure, painting, or other defacement that is written, marked, scratched, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property to the extent not authorized in advance by the owner or individual allowed to give such permission with respect to that property.
(5) “INDOOR FURNITURE” - any and all pieces of furniture which are made only for interior household or commercial use.
(6) “JUNK”- any discarded material or article, including but not limited to: scrap metal, scrapped, abandoned, or junked MOTOR VEHICLES, furniture, MOTOR VEHICLE parts, machinery, machinery parts, equipment, paper, glass, containers, and abandoned, dilapidated or partially dismantled structures. It shall also include, as defined further herein, a fully or partially dismantled motor vehicle or vehicle not bearing current registration, inspection, or license plates and which is not in the process of immediate repair or restoration. It shall not, however, include refuse or garbage kept in a proper container for the purpose of prompt disposal in accordance with applicable laws and ordinances.
(7) “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.
(8) “NOTICE OF VIOLATION” - a written document issued to a person alleged to be in violation of a BOROUGH Ordinance.
(9) “NUISANCE” - any condition, structure, or improvement which constitutes a danger or potential danger to the health, safety, and welfare of the citizens of the BOROUGH or persons on or near a property, or causes a blighting effect in neighborhoods. See also, “PUBLIC NUISANCE.”
(10) “PRIVATE PROPERTY” - any land, and the improvements thereon, owned by any PERSON, whether inhabited, temporarily inhabited, continuously uninhabited, or vacant, and including front, side, and rear yards; vacant lots; buildings and other structural improvements; walkways and alleyways; parking areas; walkways; driveways; porches; steps; vestibules; mailboxes or other items or features belonging to or appurtenant to such dwelling, house, land, building, or other structure.
(11) “PROPERTY MAINTENANCE CODE” - The International Property Maintenance Code (International Code Council, 2009 Edition).
(12) “PROPERTY MAINTENANCE CODE ORDINANCE” - This Borough Ordinance No. 03-2021, containing the PROPERTY MAINTENANCE CODE, and BOROUGH modifications thereto.
(13) “PUBLIC NUISANCE” - any condition or premises which are unsafe or unsanitary and present a hazard to the health, safety, and/or welfare of Borough residents, or PERSONS on or near the property on which the unsafe or unsanitary condition exists.
(14) “QUALITY OF LIFE APPEALS OFFICER” - Individual appointed by BOROUGH COUNCIL to hear appeals from QUALITY OF LIFE VIOLATION TICKETS.
(15) “QUALITY OF LIFE VIOLATIONS” - Violations of the following Sections of this PROPERTY MAINTENANCE CODE, as amended by this PROPERTY MAINTENANCE CODE ORDINANCE, which have been deemed by BOROUGH COUNCIL to be a PUBLIC NUISANCE and an immediate threat to the health, safety, welfare, and morals of BOROUGH citizens:
A. Section 302.3.1 - Failure to Remove Ice and Snow from Sidewalks.
B. Section 302.4 - Weeds or Grass and Plant Growth in Excess of Ten Inches (10").
C. Section 302.8 - Storing, Parking or Placing of More Than One Unregistered and/or Unlicensed Motor Vehicle on any PREMISES.
D. Section 302.9 - Defacement of Property.
E. Section 302.10 - Outdoor Placement of Appliances and INDOOR FURNITURE.
F. Section 308.1 - Permitting Accumulation of Rubbish or Garbage.
G. Section 308.3 - Improper Disposal of RUBBISH or GARBAGE and dumping of RUBBISH or GARBAGE on any PRIVATE PROPERTY or PREMISES.
H. Section 308.4 - Illegal Dumping, Hauling, Littering or Scattering of RUBBISH or GARBAGE.
(16) “RECYCLABLE MATERIAL” - material which would otherwise become “WASTE,” which can be collected, separated, or processed, and returned to the economic mainstream in the form of raw materials or products. These materials may include, but not be limited to, aluminum cans, ferrous and bi-metallic cans, glass containers, plastic containers, newspaper, and mixed paper.
(17) “SIDEWALK AREA” - the PUBLIC RIGHT-OF-WAY between the property line and the curb line or the established edge of the roadway.
(18) “STORAGE”- the containment of any WASTE on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any WASTE in excess of fourteen (14) days constitutes disposal.
(19) “VEGETATION” - any planting that is cultivated and managed for edible or ornamental purposes such as trees, fruit or vegetable plants or gardens, flowers or flower gardens, shrubs, and hedges.
(20) “VIOLATION TICKET” or “QUALITY OF LIFE VIOLATION TICKET” - a form issued by the authorized CODE OFFICIAL to a person alleged to be in violation of this Ordinance.
(21) WASTE” - any garbage, refuse, industrial, commercial, or office waste, and other material, including solid, liquid, semisolid, or contained gaseous material resulting from operation of residential, municipal, commercial, or institutional establishments or from community activities
(22) “WEEDS” - shall be defined as plant matter which is not VEGETATION as defined above, and/or meets the following criteria:
A. Exceeds ten inches (10") in height.
B. Disseminates noxious odors, pollen, or seeds, including but not limited to ragweed, dandelion, and other plant matter commonly considered “weeds” or “brush.”
C. Is not cultivated, planted, or managed for esthetic purposes or for use as food.
D. May conceal animal waste or LITTER or other filthy deposits, or serve as a breeding or harborage grounds for mosquitos, insects, vermin, or other pests.
E. Conceals or creates other hazards to public health or safety, or otherwise may create a PUBLIC NUISANCE.
(Ord. 2-2014, passed 5-12-2014; Ord. 03-2021, passed 4-12-2021; Ord. 08-2021, passed 10-11-2021)