Planning Commission

BOROUGH OF CARROLL VALLEY PLANNING COMMISSION MEETING Monday, May 2, 2022 – 7:00 P.M. Borough Office AGENDA A. Approval of Meeting Minutes A. Minutes of the April 4, 2022 meeting B. Open to the Public C. New Business A. Property Maintenance D. Old Business E. Adjournment  Property Maintenance Definitions As used in this chapter, the following terms shall have the meanings indicated: BOROUGH – The Borough of ______ CODE OFFICIAL – The official who is charged with the administration and enforcement of this Code, or any duly authorized representative. The Code Official, or any duly authorized representative, shall have all authority necessary to enforce the provisions of this act, including instituting summary citation proceedings. EXTERIOR PROPERTY AREAS – The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE – The animal and vegetable waste resulting from the handling, preparation cooking and consumption of food. INFESTATION – The presence within or contiguous to a structure or premises of insects, rats, vermin or other pests. MOTOR VEHICLE NUISANCE – A motor vehicle nuisance shall include any motor vehicle which is unable to move under its own power and has any of the following physical defects: A. Broken windshields, mirrors or other glass with sharp edges. B. One or more flat or open tires or tubes which could permit vermin harborage. C. Missing doors, windows, hoods, trucks, or other body parts which could permit animal harborage. D. Any body parts with sharp edges including holes resulting from rust. E. Missing tires resulting in unsafe suspension of the motor vehicle. F. Upholstery which is torn or open which could permit animal and/or vermin harborage. G. Broken headlamps or tail lamps with sharp edges. H. Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle. I. Protruding sharp objects from the chassis. J. Broken vehicle frames suspended from the ground in an unstable manner. K. Leaking or damaged oil pan or gas tank which could cause fire or explosion. L. Exposed battery containing acid. M. Inoperable locking mechanism for doors or trunks. N. Open or damaged floor boards including trunk and fire wall. O. Damaged bumpers pulled away from the perimeter of vehicle. P. Broken grill with protruding edges. Q. Loose or damaged metal trim and clips, broken communications equipment and antenna. R. Suspended on unstable supports. S. Such other defects which could threaten the health, safety and welfare of the citizens of the borough. OPERATOR – Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER – Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the county as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON – An individual corporation, partnership, or any other group acting as a unit. PREMISES – A lot, plot or parcel of land, including the buildings or structures thereon. PUBLIC NUISANCE – Includes the following: A. The physical condition or use of any premises regarded as a public nuisance at common law. B. Any physical condition, use or occupancy of any premises appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures. C. Any premises which has unsanitary sewage or plumbing facilities. D. Any premises designated as unsafe for human habitation or use. E. Any premises which is manifestly capable of being a fire hazard or are manifestly unsafe or unsecure as to endanger life, limb or property. F. Any premises from which the plumbing, heating and/or facilities required by this code have been removed or from which utilities have been disconnected, destroyed or rendered ineffective or from which utilities have been disconnected, destroyed or rendered ineffective or the required precautions against trespassers have not been provided. G. Any premises which is unsanitary or which is littered with rubbish or garbage or which has an uncontrolled growth of weeds. H. Any structure or building that is in a state of dilapidation, deterioration or decay, faulty construction overcrowded, open, vacant or abandoned, damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises.  RUBBISH – Combustible and noncombustible waste materials except garbage, and the term shall include the residue from burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. STRUCTURE – That which is built or constructed, including without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open-grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground. Maintenance of exterior property areas: A. Sanitation. All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition, free from any accumulation of rubbish or garbage. B. Containers. The operator of every establishment producing garbage, a vegetable waste or other putrescible material shall provide, and at all times cause to be used, leak proof approved containers provided with close- fitting covers for the storage of such materials until removed from the premises for disposal. C. Grading and drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or with any structure located thereon. Stagnant water shall be determined as any accumulation that has not disbursed within seven days of the last recorded local rainfall. Exception: Water retention areas and/or reservoirs approved by the Code Official. D. Insect and rat control. An owner of a structure or property shall be responsible for the extermination of insects, rats, vermin or other pests in all exterior areas of the premises, except that the occupant shall be responsible for such extermination in the exterior areas of the premises of a single-family dwelling. Whenever infestation exists in the premises of other than a single-family dwelling, extermination shall be the responsibility of the owner. E. Weeds. All lots shall be maintained free from weeds or plant growth in excess of 10 inches. 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.  F. Public nuisance. All exterior property areas and premises shall be maintained in such a manner so as not to constitute a public nuisance. G. Motor vehicles in residential areas. Not more than one currently unregistered and/or uninspected motor vehicle shall be parked on any property in a residential district, and said vehicle shall not at any time be in a state of disassembly, disrepair, nor shall it be in the process of being stripped or dismantled. A vehicle of any type shall not at any time undergo major overhaul, including body work, in a residential district unless said work is performed inside a structure or similarly enclosed area designed and approved for such purposes. In addition, not more than one currently unregistered and/or uninspected motor vehicle shall be parked on any property in a residential district if such motor vehicle constitutes a motor vehicle nuisance. Duties and powers of Code Official. A. General. The Code Official shall enforce all provisions of this chapter. B. Notices and orders. The Code Official shall issue all necessary notices and orders to abate illegal or unsafe conditions to ensure compliance with this chapter’s requirements for the safety, health and general welfare of the public. C. Inspections. In order to safeguard the safety, health and welfare of the public, the Code Official is authorized to enter any structure, premises or exterior property area at any reasonable time for the purpose of making inspections and performing duties under this chapter. D. Right of entry. If any owner, occupant or other person in charge of a structure, premises or exterior property area subject to the provision of this Code refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the structure or premises where an inspection authorized by this chapter is sought, the administrative authority shall be permitted to seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge shall cease and desist with such interference. E. Access by owner or operator. Every occupant of a structure, premises or exterior property area shall give the owner or operator thereof, or agent or employee, access to any part of such structure, premise or exterior property area, at reasonable times for the purpose of making such inspection maintenance, repairs or alterations as are necessary to comply with the provision of this chapter.  F. Notice to owner or to person or persons responsible. Whenever the Code Official determines that there has been a violation of this chapter or has reasonable grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner described below. G. Manner of notice. The notice provided by the Code Official shall be in writing, include a description of the real estate sufficient for identification, include a statement of the reason or reasons why it is being issued, include a correction order allowing a reasonable time for the repairs and improvements required to bring the structure, premises or exterior property area into compliance with the provisions of this chapter. Violations and penalties. A. Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, use or occupy any structure, premises or exterior property area, or cause the same to be done, contrary to or in conflict with or in violation of any of the provisions of this chapter. B. Penalty. Any person, firm or corporation who or which shall violate any provision of this chapter shall, upon conviction thereof, be subject to a fine of no more than $1,000, plus costs, and in default of payment of said fine and costs to imprisonment for a term not to exceed 30 days. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense. C. Borough permitted to perform work. If the tenant, occupant or owner of the exterior property area permits or causes said property to be maintained in violation of this chapter, the borough may, after providing said tenant, owner or occupant 20 days’ prior written notice, correct the matter giving rise to the violation at borough expense and may thereafter collect all costs and expenses, plus 10% incurred in connection with correcting the violation by filing a municipal claim or by an action in assumpsit. This is a sample ordinance. We suggest that it be modified, as appropriate, to fit the needs of your borough. We also suggest that all proposed ordinances be reviewed by your solicitor. Although these are samples of ordinances which have been adopted by other municipalities, the Association cannot assume responsibility for ensuring their legality. We are pleased to provide this service free of charge to our members. If we can be of further assistance, please do not hesitate to contact us: PENNSYLVANIA STATE ASSOCIATION OF BOROUGHS , 2941 North Front Street, Harrisburg, PA 17110. 717-236- 9526.  AN ORDINANCE OF THE BOROUGH RELATING TO MAINTENANCE OF PROPERTIES WITHIN THE BOROUGH IN REGARD TO CUTTING OF GRASS, WEEDS OR OTHER VEGETATION; THE REMOVAL OF SNOW FROM SIDEWALK AREAS; PROHIBITING THE STORAGE OF JUNK; PROVIDING FOR REMEDIAL ACTION BY THE BOROUGH IN SPECIFIED SITUATIONS; AND PRESCRIBING PENALTIES FOR VIOLATION OF THE REGULATIONS. BE IT ENACTED AND ORDAINED by the Borough and hereby enacted and ordained as follows: Section 1. A. Any person firm or corporation, owning any property within the Borough, shall as provided in this Ordinance, trim or cut all grass or weeds or other vegetation whatsoever, no planted or used for some agricultural or ornamental purpose. So such person, firm, or corporation shall permit to grow upon property owned by it any grass, weeds, or other vegetation which does emit any unpleasant or noxious odor or which does conceal any filthy deposit. Any grass, weeds or other vegetation growing upon any premises in the Borough on violation of any of the provisions of this Section, is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Borough. B. The owner of a property shall remove, trim or cut to height of 4 inches or less, all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of this Ordinance in accordance with the following minimum schedule: at least one time prior to May 31st of each year; at least one time between July 16th and August 31st of each year; and at least one time between September 1st and the end of the growing season. Provided, However, that no owner shall at any time permit any grass, weeds, or other vegetation to grow on his property to a height in excess of 8 inches. C. The Borough Council shall give notice by publication in a local newspaper, at least one time during the months of April or May of each year, of the dates established for cuttings. The Borough Council or any officer or employee of the Borough designated thereby for the purpose, is hereby authorized to give notice, by personal service, by United States Mail or by posting the property, to the owner of any premises whereon grass, weeds, or other vegetation or growing or remaining in violation of the provisions of this Ordinance, directing and requiring such owner to remove, trim or cut such grass, weeds or vegetation, so as to conform to the requirements of this Ordinance, within five (5) days after the issuance of such notice. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice, within the period of time stated  therein, the Borough authorities may remove, trim or cut such grass, weeds or vegetation, and the cost thereof, together with any additional penalty authorized by the Law, may be collected by the Borough from such person, firm or corporation, in the manner provided by Law. Section 2. Any person, firm, or corporation owning any property within the Borough shall remove all accumulation of snow or ice from the sidewalk within 24 hours after the ceasing of the snowfall or ice storm, or the formation of ice. No person, firm, or corporation, shall deposit or cause to be deposited any snow, ice, hail, or sleet upon any plowed portion of a Borough street or road. The Borough Council or any officer or employee of the Borough designated thereby for the purpose, is hereby authorized to give notice, by personal service, by United States Mail or by posting the property, to the owner of any premises informing the owner that he is in violation of the provisions of this Section 2, and ordering said owner to immediately comply with such notice, the Borough authorities may clear the premises of all snow or ice, and the cost thereof, together with any additional penalty authorized by the Law, may be collected by the Borough from such person, firm or corporation, in the manner provided by Law. Section 3. A. No person, firm, or corporation owning property within the Borough shall permit the accumulation or storage of any junk on said property. For the purpose of this Ordinance, the term “junk” shall include any discarded material or article including, but not limited to, scrap metal, scrapped, abandoned or junked machinery; and paper or glass waste. Junk shall not include refuse or garbage kept in a proper container for the purpose of prompt disposal. B. No person, firm, or corporation owning property within the Borough shall permit the outside storage or deposit of any motor vehicle, recreational vehicle, or parts thereof, not displaying a valid current registration issued by the Commonwealth of Pennsylvania Bureau of Motor Vehicles, Department of Transportation. The definition of “motor vehicle” set forth in the Pennsylvania Motor Vehicle (75 Pa.C.S.101 et seq.) is incorporated by reference herein and made a part hereof. Provided, However, that this Section 3 shall not apply to the storage of motor vehicles, recreational vehicles, or parts thereof by licensed auto dealers nor the storage of motor vehicles, recreational vehicles, or parts thereof within a fully enclosed garage or other building.  Section 4. Any person, firm or corporation or which shall violate or fail, neglect or refuse to comply with any of the provisions of this Ordinance, shall, upon conviction of a summary offense by a District Justice be fined not less than $25.00 nor more than $300.00 for each offense, shall be ordered to pay the Borough any costs incurred by the Borough as provided in Section 1 and 2 above, together with the costs of this action, and in default of payment thereof, be committed to the County Prison for a period not exceeding thirty (30) days. Section 5. Should any section or provision of this Ordinance be declared to be invalid by the courts, such decision shall not affect the validity of the Ordinance as a whole, nor the validity of any other section or provisions of the Ordinance than the one so declared. Section 6. All other ordinances or parts of ordinances which are contrary to the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect. This is a sample ordinance. We suggest that it be modified, as appropriate, to fit the needs of your borough. We also suggest that all proposed ordinances be reviewed by your solicitor. Although these are samples of ordinances which have been adopted by other municipalities, the Association cannot assume responsibility for ensuring their legality. We are pleased to provide this service free of charge to our members. If we can be of further assistance, please do not hesitate to contact us: PENNSYLVANIA STATE ASSOCIATION OF BOROUGHS, 2941 North Front Street, Harrisburg, PA 17110. 717-236-9526.  Part 3 FIRE INSURANCE PROCEEDS REQUIREMENTS :1  § 303 § 301. Enforcement Responsibilities. [Ord. 8-7-97A] The Township of Logan Manager or such official's designee is hereby appointed as the designated officer authorized to carry out all responsibilities and duties set forth herein. § 302. Issuance of Certificate. [Ord. 8-7-97A] No insurance company, association or exchange (hereinafter the "Insuring Agent") doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within the Township of Logan (hereinafter the "Municipality") where the amount recoverable for a fire loss to the structure under all policies exceeds $7,500, unless the named insured or Insuring Agent is furnished by the municipal treasurer with a municipal certificate pursuant to Section 508(b) of Act 98 of 1992 as it may be amended from time to time and unless there is compliance with Section 508(c) and (d) of Act 98 of 1992 as it may be amended from time to time and the provisions of this Part. § 303. Payment of Insurance Proceeds. [Ord. 8-7-97A] Where, pursuant to Section 508(B)(1)(i) of Act 98 of 1992 as amended, the municipal treasurer issues a certificate indicating that there are no delinquent taxes, assessments, penalties or user charges against real property, the Insuring Agent shall pay the claim of the named insured, provided however, that if the loss agreed upon by the named insured and the Insuring Agent equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or other structure, the following procedures must be followed: 1. The Insuring Agent shall transfer from the insurance proceeds to the designated officer of the Municipality in the aggregate of $2,000 for each $15,000 of a claim and for each fraction of that amount of a claim, this section to be applied such that if the claim is $15,000 or less, the amount transferred to the Municipality shall be $2,000; or 2. If at the time of a proof of loss agreed to between the named insured and the Insuring Agent, the named insured has submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, the Insuring Agent shall transfer to the Municipality from the insurance proceeds the amount specified in the estimate. 3. The transfer of proceeds shall be on pro rata basis by all companies, associations or exchanges insuring the building or other structure. 4. After the transfer, the named insured may submit a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, and the designated officer shall return the amount of the funds transferred to the Municipality in excess of the estimate to the named insured, if the Municipality has not commenced to remove, repair and secure the building or other structure. 5. Upon receipt of proceeds under this section, the Municipality shall do the :2 § 303 § 305 following: (a) The designated officer shall place the proceeds in the separate fund to be used solely as security against the total costs of removing, repairing, or securing the building or structure which are incurred by the Municipality. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Municipality in connection with such removal, repair or securing of the building or any proceedings related thereto; and (b) It is the obligation of the Insuring Agent when transferring the proceeds to provide the Municipality with the name and address of the named insured. Upon receipt of the transferred funds and the name and address of the named insured, the designated officer shall contact the named insured, certify that the proceeds have been received by the Municipality and notify the named insured that the procedures under this subsection shall be followed; and (c) When repairs, removal or securing of the building or other structure have been completed in accordance with all applicable regulations and orders of the Municipality and the required proof of such completion received by the designated officer, and if the Municipality has not incurred any costs for repairs, removal or securing, the fund shall be returned to the named insured. If the Municipality has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund and if excess funds remain, the Municipality shall transfer the remaining funds to the named insured; and (d) To the extent that interest is earned on proceeds held by the Municipality pursuant to this section, and not returned to the named insured, such interest shall belong to the Municipality. To the extent that proceeds are returned to the named insured, interest earned on such proceeds shall be distributed to the named insured at the time that the proceeds are returned. 6. Nothing in this section shall be construed to limit the ability of the Municipality to recover any deficiency. Furthermore, nothing in this subsection shall be construed to prohibit the Municipality and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated. § 304. Fees. [Ord. 8-7-97A] The Board of Supervisors may by resolution adopt procedures and regulations to implement Act 98 of 1992 and this Part and may by resolution fix reasonable fees to be charged for municipal activities or services provided pursuant to Act 98 of 1992 and this part, including but not limited to issuance of certificates and bills, performance of inspections and opening separate fund accounts. § 305. Penalty. [Ord. 8-7-97A] Any owner of property, any named insured or any Insuring Agency who violates this :3 § 305 § 305 Part shall, upon conviction thereof, be subject to a penalty of not less than $500 and not more than $1,000 per violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense. :4  Part 1 VACANT, BLIGHTED AND DANGEROUS BUILDINGS :1  § 102 § 101. Title. [Ord. 2-22-79] This Part 1 shall be known as the "Logan Township Red-Tag Ordinance." § 102. Definitions. [Ord. 2-22-79; as amended by Ord. 08-23-07A] For the purpose of interpreting the provisions of this chapter, the following words shall have the meaning or meanings ascribed: BLIGHTED STRUCTURE — All buildings or structures which have been determined by the Code Enforcement Officer to have any or all of the following defects: 1. Is in physical deterioration, may or may not be habitable as a dwelling or useful for the purpose for which it was originally intended; 2. Is partially completed and is not presently being constructed under an existing valid building permit; 3. May or may not be structurally sound, weather-tight, waterproof or verminproof; 4. Is in the process of demolition or partial demolition and is not carried out within 60 days. 5. Is a Vacant Structure possessing one or more of the above listed defects. A blighted structure is a danger to the occupant of the structure and/or the general public. DANGEROUS OR RED-TAGGED PROPERTY — All buildings or structures which have been determined by the Board of Supervisors in accordance with the provisions of this chapter to have any or all of the following defects: 1. Those buildings or structures which have been damaged by fire, wind, or other causes so as to have become dangerous to the life, safety, morals or the general health and welfare of the occupants or the people of the Township of Logan; 2. Those buildings or structures which have become or are so dilapidated, decayed, unsafe, unsanitary, vermin-infested, rat-infested, a fire hazard, or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause accidents, sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein as well as other citizens of the Township of Logan; 3. Those buildings or structures which have parts thereof which are so attached that they might fall and injure members of the public or adjoining property; 4. Those buildings or structures which, because of their general condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Township of Logan. FIRE HAZARD — A structure that has defects such that said structure and/or the defects existing on and/or therein which may be likely to cause the structure and/or any nearby :2 § 102 § 105 structures to catch fire as determined by the local Fire Chief. PERSON — Any natural person or persons, corporation, partnership, association or any lawful entity. The use of the singular include the plural, and the use of any gender shall include all genders. VACANT STRUCTURE — Any structure or building that is unoccupied, not legally in use, or occupied by unauthorized persons, and is unsecured and/or boarded. § 103. Public Nuisances. [Ord. 2-22-79, as amended by Ord. 08-23-07A] All "dangerous or red-tagged buildings or structures" and all Blighted Structures within the terms of § 102 of this Part 1 are hereby declared to be public nuisances and shall be vacated, removed, repaired or demolished as hereinbefore and herein after provided. § 104. Investigation Procedures. [Ord. 2-22-79, as amended by Ord. 08-23-07A] 1. Whenever it shall be reported or come to the attention of any Township Official or police officer that any building or structure, completed or in the process of construction, or any portion thereof, is in a dangerous or red-tagged condition, and/ or would be considered a blighted structure, such person having knowledge thereof shall report same to the Township Manager, and the Township Manager shall immediately cause an investigation and examination to be made of such building or structure. Such investigation and examination shall be made by the Township Manager, or his/her designated representative, the Township Code Enforcement Officer, and/or the Chief of the Police, or his or her designated representative. If said investigation and examination indicates that the said building or structure is dangerous and/or is a blighted structure in accordance with the provisions of this Part 1, a written report of such investigation and examination shall be submitted to the Board of Supervisors, specifying the condition of such building or structure, and setting forth whether or in what respect the building or structure is dangerous and/ or a blighted structure and whether it is capable of being repaired or whether it should be demolished. 2. It shall be unlawful for any person to refuse entrance to or to impede any Township official or any other authorized individual in the investigation of any such building or structure under this Part 1. The owner, occupant or operator of every building or structure within the Township, or the person in charge thereof, shall give such official or authorized individual free access thereto and to all parts thereof, and to the premises on which it is located, at all reasonable times for the purpose of such investigation upon display by such individual of proper identification. § 105. Hearing Procedures. [Ord. 2-22-79; as amended by Ord. 08-23-07A] Upon receipt of a report in accordance with § 104 of this Part 1, the Board of Supervisors of Logan Township shall: 1. Give written notice to the owner of said building or structure, and to all other persons having an interest in said building or structure as shown by the land records :3 § 105 § 107 of the Recorder of Deeds of Blair County, to appear before the Board of Supervisors on the date specified in the Notice to show cause why the building or structure reported to be a dangerous or red-tagged building and/or blighted structure should not be repaired, vacated, removed or demolished in accordance with the enforcement provisions set forth in this Part 1; 2. Hold a hearing and hear such testimony as the owner, or any other person having an interest in said building or structure, shall offer relative to the condition of said building or structure; 3. Make written findings of fact from the testimony presented at said hearing as to whether the building in question is a dangerous or red-tagged building and/or blighted structure within the terms of § 102 of this Part 1; 4. Issue an order based upon said findings of fact demanding that the owner or other persons having an interest in said building repair, vacate, remove or demolish said building in accordance with the provisions of this Part 1. § 106. Standards for Repair, Vacation or Demolition. [Ord. 2-22-79; as amended by Ord. 08-23-07A] The following standards shall be the basic guidelines to be followed by the Board of Supervisors in ordering the repair, vacation or demolition of any building or structure pursuant to the provisions of this Part 1: 1. If the dangerous or red-tagged building or structure and/or blighted structure can be reasonably repaired so that it will no longer be in violation of the provisions of -this Part 1, the Board of Supervisors shall order that said building or structure be repaired. 2. If the dangerous or red-tagged building or structure and/or blighted structure cannot be reasonably repaired so that it will no longer be in violation of the provisions of this Part 1, the Board of Supervisors shall order that said building or structure be demolished. 3. If the dangerous or red-tagged building or structure and/or blighted structure is in such condition so as to make it dangerous to the health, morals, safety or general welfare of its occupants the Board of Supervisors shall have the authority to order said building or structure to be vacated. § 107. Enforcement Procedures. [Ord. 2-22-79; as amended by Ord. 10-27-88; and by Ord. 08-23-07A] If any building or structure is deemed to be a dangerous or redtagged building and/or blighted structure pursuant to the provisions of this Part 1, the Board of Supervisors of Logan Township shall immediately cause written notice to be served upon the owner, occupants and all other persons having an interest in said building or structure as shown by the land records of the Recorder of Deeds of the County of Blair. 1. The Notice required by this § 107 shall be served upon the owner, occupants and :4 § 107 § 108 all other persons interested in said building or structure by sending said Notice by certified or registered mail to such individual at his last known address. 2. The Notice shall identify the building or structure deemed to be dangerous or red- tagged and/or a blighted structure, and contain a statement of the particulars which made this building or structure dangerous, and shall contain an order from the Board of Supervisors requiring said building or structure to be repaired and/or vacated and/or demolished; provided that in any case where the Notice includes an order to repair said building or structure, the owner thereof shall have the option to remove or demolish such building or structure in lieu of making the repairs thereto. 3. Said Notice shall require any person notified and ordered to repair, vacate or demolish any such building or structure to commence the work or act required by the Notice within 10 days of receipt of such Notice and to complete the required work or act within 60 days thereof. The Board of Supervisors may, at their discretion, and upon presentation to said Board of evidence of good cause, grant extensions of time for the commencement and completion of such work or act required by the Notice. 4. In addition to the written Notice to be served as aforesaid, the Board of Supervisors shall cause a Notice to be placed upon any building or structure determined to be in a dangerous red-tagged condition, and/or determined to be a blighted structure which Notice shall read substantially as follows: "This building has been found to be a dangerous or red-tagged building and/or blighted structure by the Board of Supervisors of the Township of Logan. This Notice is to remain on this building until it is repaired, vacated or demolished in accordance with the Notice which has been given to the owner and other persons interested in this building. It is unlawful to remove this Notice until compliance is made under the provisions contained in the Notice given to the above-named party. This Notice is posted upon this building in accordance with the Logan Township Blighted, Vacant and Red-Tag Ordinance." 5. Any person who has been notified pursuant to the terms of this Part 1 to repair or demolish any building or structure which has been determined to be in a dangerous or red-tagged condition and/or which is determined to be a blighted structure, shall immediately apply for and obtain from the Township of Logan the necessary permit to repair or demolish said building or structure. A fee as established from time to time by the Board of Supervisors shall be charged by the Township of Logan for such permit. § 108. Enforcement and Penalty. [Ord. 2-22-79; as amended by Ord. 10-27-88; by Ord. 9-19-96; by Ord. 2-13-97; and by Ord. 08-23-07A] 1. Enforcement. The Township Manager, Code Enforcement Officer, Chief of Police, any police officer and/or other person authorized by the Board of Supervisors may enforce the violation of this Part. 2. Penalties. :5 § 108 § 110 A. Any person who shall fail to comply with any Notice or order to repair, vacate or demolish any dangerous or red-tagged building and/or blighted structure issued pursuant to the provisions of this Part 1, or any regulation or order issued thereunder, shall upon conviction thereof, be subject to a fine of not less than $300 and not more than $1,000 and costs, and/or be sentenced to imprisonment in the Blair County Jail for a period not exceeding 90 days, and each day's continuance of a violation shall constitute a separate offense. Penalties contained in this Part are in addition to any other remedies provided by this Part. B. Any person removing the Notice provided for in § 107, Subsection 4 hereof, shall upon conviction thereof, be subject to a fine of not less than $300 and not more than $1,000 and costs for each offense, and/or to imprisonment in the Blair County Jail for a period not exceeding 90 days. C. If the owner, occupant or any other person having an interest in any dangerous or redtagged building or structure and/or blighted structure, as shown by the land records of the Recorder of Deeds of the County of Blair, fails to comply with any Notice or order to repair, vacate or demolish any such building or structure within 30 days, from the date of said Notice or order, the Township is empowered to cause such building or structure to be repaired, vacated, or demolished by the Township and to cause the costs of such repair, vacation or demolition, together with a penalty of 10% to be charged against the land on which the building existed as a municipal lien, or to recover such costs in a suit at law against the owner or such other person having an interest in the building, and, the recovery of such cost and expense, together with the aforesaid penalty, may be in addition to the penalty imposed in Paragraphs a and b of this § 108. § 109. Emergency Cases. [Ord. 2-22-79; as amended by Ord. 08-23-07A] In cases wherein it reasonably appears that there exists an immediate danger in the life or safety of any person caused or created by a dangerous or red-tagged building as defined herein, the Board, Township Manager, or his/her designated representative, the Township Code Enforcement Officer, and/or the Chief of Police may cause the immediate repair, vacation or demolition of such dangerous building and/or blighted structure. The costs of such emergency repair, vacation or demolition of such dangerous or red-tagged building and/or blighted structure shall be collected in the same manner as provided for in § 108, Subsection 3. § 110. Liability. [Ord. 2-22-79; as amended by Ord. 08-23-07A] In the event that the owner of a building or structure, which has been determined to be a dangerous or red-tagged building and/or blighted structure within the provisions of this Part 1, conveys said building or structure in any manner or method whether by sale, lease or otherwise, said owner shall still be responsible for compliance with the provisions of this Part 1; and it is the intent of this Part 1 that the person acquiring said building or structure, shall be jointly and severally liable with the owner for compliance with this :6 § 110 § 110 Part 1. :7  § 110 Part 2 REQUIREMENTS AND ISSUANCE OF BUILDING PERMITS :9 § 110 § 203 § 201. Title. [Ord. 11-14D-85] This Part 2 shall be known and may be cited as "The Logan Township Building Permit Ordinance". § 202. Permit Required. [Ord. 11-14D-85; as amended by Ord. 9-3-92; and by Ord. 10-23-08] Prior to the commencement of any work thereon, no building or structure, or any part thereof, shall be erected, enlarged, converted, repaired or altered, razed and/or demolished until a building permit shall have been procured by the owner or owner's agent from the Building Permit Clerk. A building permit, once issued, shall be valid for a period of one year from the date of issuance. If necessary, due to work contemplated by the permit being not completed, said building permit may be renewed on a yearly basis (upon payment of the appropriate reissuance fee for the same) for a total period of three consecutive one-year periods only, which total period shall include the year of first issuance. § 203. Application and Proof of Waste Disposal. [Ord. 11-14D-85; as amended by Ord. 9-3-92; and by Ord. 09-25-08] 1. Application for said permit shall be made in writing in a form prescribed by the Township by the owner or owner's agent and shall contain the names and addresses of the owners; a description sufficient to identify the property for which the permit is sought; the nature of the construction, improvement, razing and/or demolition (whether pursuant to Chapter 4, Part 1 or for any other reason), in detail; the amount of estimated cost thereof, and, in the case of construction and improvement, shall be accompanied by one set of dimensioned plans showing all habitable floors, basement or cellar and foundation and with said plans being prepared, signed and approved by all County and Commonwealth authorities where required by law. Provided, however, that the Building Permit Clerk may waive the requirement for filing plans where the work involved is of a minor nature and the building operation is adequately described in the application. 2. Any person who obtains a building permit pursuant to this Part 2, shall, subject to § 203(3), certify to the Township that any construction waste of any nature caused by or due to the construction, improvement, razing and/or demolition of any building and/or structure will be properly disposed of in a landfill approved by the Pennsylvania Department of Environmental Resources for the disposal of such construction waste. In furtherance of this subsection, any person issued a building permit pursuant to this Part 2 shall, within one year of the date of the issuance of said building permit, file with the Building Permit Clerk the original of all disposal payment slips or records clearly indicating the type and amount of said construction waste and cost of disposal thereof and that said waste was disposed of in a landfill approved by the Pennsylvania Department of Environmental Resources for disposal of such construction waste. Said disposal payment slips may be signed by the appropriate landfill official or a solid waste hauler duly licensed by the Township. :10 § 203 § 207 3. Any person who obtains a building permit pursuant to this Part 2 for the purpose of constructing a building and/or structure, and not for razing and/or demolition purposes, shall be exempt from certifying that the construction waste caused by said construction (except any roofing material) has been disposed of in an approved landfill if said permit was issued for a building project the cost of construction of which is less than $1,000 and if said person states in writing the method employed by such person to dispose of the construction waste associated with the issuance of said building permit. 4. Any person desiring to construct any structure designed primarily for human habitation including, but not limited, to single family and two family dwellings and townhouses shall be required to connect to a public water system if such public water system is within 150 feet of the structure to be constructed and said public water system has adequate pressure and supply. § 204. Building Permit Clerk. [Ord. 11-14D-85; as amended by Ord. 10-27-88] The Building Permit Clerk is vested the powers, duties and obligations herein set forth or required by law. § 205. Fees. [Ord. 11-14D-85; as amended by Ord. 10-27-88] There shall be paid by the applicant to the Building Permit Clerk for the issuance of said Building Permit, fees as established from time to time by the Board of Supervisors, to which there shall be added the charge, now or hereafter provided by law for the certification of the issuance of said permit to any lawful authority requiring the same. All fees, so collected by the Building Permit Clerk, shall be accounted for and paid over by him to the Treasurer of the Township of Logan, daily. § 206. Enforcement and Penalty. [Ord. 11-14D-85; as amended by Ord. 10-27-88 by Ord. 9-19-96; and by Ord. 2-13-97] 1. Enforcement. Any police officer, the Building Permit Clerk and/or any person authorized by the Board of Supervisors may enforce the violation of this Part. 2. Penalty. Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $300 and not more than $1,000 plus the cost of prosecution, and/or be sentenced to imprisonment for a term not to exceed 90 days. Every day that a violation of this Part continues shall constitute a separate and distinct offense which shall be subject to the aforesaid penalties. § 207. Definitions. [Ord. 11-14D-85; as added by Ord. 9-3-92] 1. For the purpose of interpreting this Part, the following words shall have the meaning or meanings ascribed: CONSTRUCTION WASTE — Any refuse or other material including, but not limited to, liquid, semisolid or contained gaseous material, resulting from the :11 § 207 § 207 construction, razing and/or demolition of a building or structure. The term does not include recyclables as defined under Chapter 20, Part 1, of the Township of Logan Code of Ordinances known as "Solid Waste and Recyclables Storage, Collection, Disposal and Processing Ordinance." PERSON — Every natural person, association, firm or corporation. STRUCTURE — Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. 2. In this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter. 3. Other words not defined herein shall have the meaning set forth in said Chapter 20, Part 1, and Chapter 27 (Zoning) of the Township of Logan Code of Ordinances. If not otherwise defined, said words shall have the meaning ordinarily ascribed to them in everyday usage. :12  § 207 Part 3 POLICE AND FIRE SAFETY KEY BOX :13 § 207 § 302 § 301. Key Box. [Ord. 3-14-96] When a structure of any type within the Township is protected by an automatic burglar and/or fire alarm system and/or a fire sprinkler system, a Key Box of a UL type approved by the Township Fire Chief shall be installed on the property in a location approved by the Township Fire Chief. Residential structures shall be exempt from this requirement. Such Key Boxes shall contain the following: 1. Keys to locked points of egress whether on the interior or exterior of such structures. 2. The keys to locked mechanical equipment rooms. 3. The keys to locked electrical rooms. 4. Keys to elevator controls. 5. Keys to other areas as directed by the Township's Fire Chief. 6. A tamper alarm which shall be connected to a Township approved monitoring system. § 302. Penalties. [Ord. 3-14-96] Any person who shall violate any provision of this Part and/or who shall attempt to tamper with any Key Box located on any structure subject to this Part, shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $600 or imprisonment for a term not to exceed 30 days or both, at the discretion of the court. Each day that a violation continues shall be deemed a separate offense. :14  § 302 Part 4 PROPERTY MAINTENANCE :15 § 302 § 405 § 401. Title. [Ord. 7-15-99B] These regulations shall be known as the Property Maintenance Regulations of Logan Township. § 402. Intent. [Ord. 7-15-99B] These regulations are enacted to protect the public health, safety and welfare of the residents of the Township of Logan. Therefore, these regulations shall be construed to secure its express intent, which is to ensure public health, safety and welfare insofar as they are affected by the matters covered by these regulations. § 403. Definitions. [Ord. 7-15-99B] The following words and phrases shall have the meaning set forth: CODE OFFICIAL — The official who is charged with the administration and enforcement of these regulations including but not limited to the Code Enforcement Officer and any duly appointed police officer. HABITABLE STRUCTURE — Any building, dwelling or other space in which any person may reside or which is intended for human occupancy. OPERATOR — Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER — Any person, agent, operator, firm or corporation having a legal or equitable interest in the premises or, if applicable, any personal property; or recorded in the official records of Blair County, Pennsylvania, as holding title to the premises; or otherwise having control of the premises, including the guardian of the estate of such person, and the executor or administrator of the estate of such person. PERSON — An individual, corporation, partnership or any other group acting as a unit. PREMISES — A lot(s), plot(s) or parcel(s) of land including any habitable structure(s) located thereon. § 404. Weed and Plant Height. [Ord. 7-15-99B] An owner of any premises shall ensure that said premises shall be maintained free from all weeds or plant growth in excess of 12 inches within 100 feet of any habitable structure regardless of whether said habitable structure is owned by said owner. 1. Exceptions. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided, however, this term shall not include cultivated flowers, gardens and/or cultivated crops. This regulation shall not apply to any premises owned, operated or controlled by a governmental unit used for a public purpose. § 405. Motor Vehicles. [Ord. 7-15-99B] Not more than two currently unregistered or uninspected motor vehicles shall be parked, :16 § 405 § 406 kept or stored on any premises, and no motor vehicle shall, at any time, be in the process of being stripped or dismantled. Any and all such unregistered or uninspected motor vehicle(s) shall be kept or stored only on owner's premises on which owner resides. 1. Permit Required. An owner having or permitting unregistered or uninspected motor vehicles on the owner's premises shall obtain, on an annual basis, a permit (the cost of which shall be established by the Board of Supervisors from time to time) from the Township indicating whether said motor vehicle is being restored or is a vehicle intended only for use off of public streets. In all events, said motor vehicle must be intact. 2. A motor vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed and the motor vehicle is kept at all times inside a structure or similarly enclosed area designated and approved for such purposes. 3. This § 405 shall not apply: A. To any motor vehicle being stored as a wrecked and/or damaged motor vehicle in a properly zoned area in connection with a lawful automobile repair business, where such wrecked and/or damaged motor vehicle is stored merely to await repair thereof in the immediate future; or B. To any motor vehicle being kept in an enclosed building; or C. To any motor vehicle on the premises of a business operated in a properly zoned area and lawful manner when necessary in the operation of such business; or D. To any motor vehicle kept in a storage area and/or depository owned by a governmental entity; or E. To any motor vehicle which is not required by any governmental entity to obtain a registration or inspection in order to be used on a public roadway. § 406. Notices and Orders. [Ord. 7-15-99B] 1. Notice to owner or to person or persons responsible. Whenever the code official determines that there has been a violation of this Part or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the following described manner: A. Be in writing; B. Include a description of the real estate sufficient for identification; C. Include a statement of the reason or reasons why the notice is being issued; and D. Include a correction order allowing a reasonable time for the repairs and improvements required to bring the premises into compliance with the :17 § 406 § 407 provisions of this code. 2. Method of service. Such notice shall be deemed to be properly served if a copy thereof is (a) delivered to the owner personally; or (b) sent by certified or registered mail addressed to the owner at the last known address with return receipt requested. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the premises affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the premises shall constitute service of notice upon the owner. 3. Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the prospective grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the said prospective grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. § 407. Penalties. [Ord. 7-15-99B] 1. Unlawful acts. It shall be unlawful for any person to maintain, fail to maintain, provide, fail to provide or let to another or occupy or permit another person to occupy any premises, property, structure or motor vehicle regulated by this Part, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this Part, or to fail to obey a lawful order of the code official, or to remove or deface a placard or notice posted under the provisions of this Part. 2. Penalty. Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a term not to exceed 90 days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Notwithstanding any other provision herein to the contrary and in addition to any penalty imposed herein, in the event any person shall fail or refuse to comply with such notice within the period of time stated therein, the Township may remove any and/or correct said violation including but not limited to cutting weeds and/or plant growth. :18