Article 1721
PROPERTY MAINTENANCE CODE
Sections:
1721.04 Adoption of International Property Maintenance Code.
1721.12 Authority of code officials.
1721.14 Violation notices and orders.
1721.16 Enforcement proceedings.
1721.17 Unsafe structures and equipment.
1721.20 Additions, insertions and changes to International Property Maintenance Code.
1721.30 Weeds and high grass prohibited.
1721.31 Removal of snow and obstructions from sidewalks.
1721.32 Refuse and garbage accumulations prohibited.
1721.33 Standard of maintenance and mandatory compliance for public sidewalks.
Prior legislation: Ord. 3608.
1721.01 Title.
The title of this article shall be the City of Meadville or Meadville Property Maintenance Code (and may be referred to as “MPMC”). (Ord. 3676 § 1, 2010)
1721.02 Authority.
This property maintenance code is adopted in accordance with authority existing under Sections 4130 and 4131 of the Third Class City Code and Article III of the Optional Third Class City Charter Law. (Ord. 3676 § 1, 2010)
1721.03 Purpose.
The property maintenance code is being adopted to establish recognized minimal standards for maintenance of property to protect the health and safety of occupants and the public. (Ord. 3676 § 1, 2010)
1721.04 Adoption of International Property Maintenance Code.
The International Property Maintenance Code, 2009 Edition, as published by the International Code Council, Inc. (herein referred to as the “IPMC”), is hereby adopted as the property maintenance code for the City of Meadville for the regulation and control of buildings, structures, premises and facilities as therein provided; and each and all of the regulations, provisions, conditions and terms of this International Property Maintenance Code are hereby incorporated, adopted, and made a part hereof as if fully set forth in this code, with the additions, insertions, deletions, and changes as set forth in this article. (Ord. 3676 § 1, 2010)
1721.05 – 1721.09 Reserved.
1721.10 Applicability.
Sections 101 and 102 of the 2009 IPMC pertaining to applicability of the Meadville Property Maintenance Code are hereby adopted in their entirety except as modified by this code. (Ord. 3676 § 1, 2010)
1721.11 Administration.
This property maintenance code shall be administered and enforced by a code official appointed by the city manager and such deputies as may be authorized and appointed by the city manager. The code official and deputies shall meet such standards relating to the property maintenance code as the manager may establish, shall receive instruction on code administration and enforcement, and shall be law enforcement officers. (Ord. 3676 § 1, 2010)
1721.12 Authority of code officials.
A. As permitted by law, the code official and duly appointed deputies shall have those powers and responsibilities set forth in Sections 104, 105.1, 105.4, 105.5, 105.6, 108, 109, 110, 111, and 112 of the 2009 IPMC hereby adopted as well as other provisions of this code.
B. Search Warrants. If, after proper notice and request, entry or access to property is refused, the code official may compel such access by applicable provisions of the Pennsylvania Judicial Code and Pennsylvania Rules of Criminal Procedure and this article. A court may issue a search warrant to the code official for purposes of inspecting or examining any property, premises, place, or physical evidence, to determine compliance with this code. Such warrant shall be issued upon probable cause. It shall be sufficient probable cause to show any of the following:
(1) That the inspection, examination or test is pursuant to a general administrative plan to determine compliance with this code; or
(2) That the code official has reason to believe that violation of this code has occurred or may occur, and that the code official has been refused access to the property, building, premises, place or physical evidence, or has been prevented from conducting tests. (Ord. 3676 § 1, 2010)
1721.13 Violations.
A. Unlawful Acts. It shall be unlawful for any person to (1) cause or permit a condition to exist with respect to, maintain or fail to maintain, or use or occupy any structure, premises, or equipment, regulated by this code, contrary to or in violation of any of the provisions of this code; (2) provide or fail to provide any equipment or facilities regulated by this code in a manner contrary or in violation of the requirements of this code; (3) permit another person to use or occupy any structure, premises or equipment in violation of this code; or to cause such unlawful acts to occur; (4) fail to obey a lawful order of the code official; or (5) remove or deface a notice posted under the provisions of this code, or remove or interfere with safety barriers or devices.
B. Notice of Violation. The code official shall serve a notice of violation or order in accordance with the requirements of MMC 1721.14.
C. Action to Remedy Unlawful Act. If action is not taken to remedy a violation or to comply with a notice or order directing certain action to correct a violation, the code official may institute an action for imposition of a penalty in accordance with MMC 1721.15 or other sections of the MPMC as applicable; or institute appropriate legal proceedings to restrain, correct or abate the violation; institute legal proceedings to remove persons from or to terminate occupancy of a structure in violation of the provisions of this code; or institute legal proceedings to enforce an order. In the case of an emergency, the code official may take immediate action to protect the public health, safety and welfare.
D. Recovery of City’s Costs. In the event the city incurs expenses in conjunction with the correction or abatement of any violation which creates a serious health or safety hazard to the public, because of an emergency or because the persons responsible for the violation or property have failed to comply with orders/notices issued by the code official, such expense including reasonable attorneys’ fees and costs may be collected by means of a municipal lien against the subject property or by suit against the persons responsible for the violation or property, or in any other manner permitted by law. (Ord. 3676 § 1, 2010)
1721.14 Violation notices and orders.
A. Notice to Persons Responsible. When the code official determines that a violation exists, except as otherwise provided in this code, notice shall be given in the manner set forth below to the owner of the property, any person in possession of the property, and any other person responsible for the property or the violation.
In the event the code official determines that action to correct a violation or to abate a public nuisance may require the demolition or removal of any structure or part thereof, or other action likely to cause injury to real or personal property, the code official shall make reasonable efforts to identify and locate all persons with an ownership interest in such property and serve them with notice of any notices and orders affecting said property.
B. Form of Notices. Notices shall:
(1) Be in writing.
(2) Include a description of the real estate sufficient for identification.
(3) Include a statement of the violation or violations and why the notice is being issued.
(4) Include a correction order, allowing a reasonable time to take corrective action or to make the repairs and improvements required to bring the premises or structure into compliance with the provisions of this code.
(5) Inform of the right to appeal.
(6) Include a statement regarding the city’s right to take corrective action under certain circumstances, recover the costs and to seek penalties as permitted by the code and the law.
C. Method of Service. Such notice shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally; or
(2) Sent by certified mail addressed to the last known address; or
(3) Sent by first-class mail addressed to the last known address; or
(4) If the notice sent by the method in subsection (C)(2) or (3) of this section is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place on or about the structure affected by such notice.
D. If two notices of violation are issued in any 12-month period for the same type of violation at the same property against the same person, no additional notice of violation is required to be issued prior to seeking corrective action and penalty as permitted by the code and the law, even if the violation(s) that were the subject of the said prior notices of violation were rectified in accordance with the requirements contained in the prior notices of violation. Persons responsible shall have the opportunity to be heard in any court proceeding instituted for imposition of a penalty for violation. (Ord. 3789 § 1, 2021; Ord. 3749 § 1, 2016; Ord. 3676 § 1, 2010)
1721.15 Penalty.
A. Any person who shall violate a provision of this code, or who shall fail to comply with any of the requirements of this code, or who shall fail to comply with an order issued by the code official, shall, except as otherwise specifically provided in this code, be subject to a fine or penalty as follows:
(1) No less than $100.00 and no more than $1,000 for the first two continual and uncorrected violations of the same provision of the code on the same property.
(2) No less than $100.00 and no more than $5,000 for the third and any subsequent, continual and uncorrected violation of the same provision of the code on the same property.
B. If a violation of the MPMC is found to pose a threat to the public’s health, safety or property, then the following penalties shall be applicable:
(1) A fine of no less than $500.00 and no more than $1,000 for the first two continual and uncorrected violations of the same provision of the code on the same property, and no less than $1,000 and not exceeding $10,000 for the third and any subsequent continual and uncorrected violation of the same provision of the code on the same property, or imprisonment for a term not exceeding 90 days, or both.
(2) Under this subsection, no more than one citation may be issued per five calendar days for a continual and uncorrected violation of the same provision of this code on the same property.
C. Specific Penalty for Properties Deemed a Blighting Influence. If the owner does not comply with the violation notice or fails to correct the conditions specified in the violation notice within the required period of time from the date of the notice from the city, the owner shall be subject to a fine of $300.00; provided, that it shall be a separate offense, for which a separate fine may be imposed, for the owner to fail to secure or seal, under Section 301.3.2, each separate door, window, or other entrance or opening enumerated in the violation notice, and provided that each day that each such separate offense continues after the required period of time has expired shall be a separate offense for which a separate fine may be imposed.
D. Any violation which remains continuing and unabated after adjudication of a summary offense shall be given no more than 25 days to abate in subsequent notices of violation before subsequent citations may be filed. This shall not apply to properties which are deemed a blighting influence as defined by this code. (Ord. 3789 § 2, 2021; Ord. 3749 § 2, 2016; Ord. 3727 § 1, 2014; Ord. 3676 § 1, 2010)
1721.16 Enforcement proceedings.
Enforcement proceedings may be instituted by the code official or duly appointed deputies with the approval of the code official by citation or complaint in the manner provided by the applicable Pennsylvania Rules of Criminal Procedure, Rules 402 through 424, or amendments thereto, and the provisions of this code. (Ord. 3676 § 1, 2010)
1721.17 Unsafe structures and equipment.
A. Sections 108, 109 and 110 of the 2009 IPMC are hereby adopted in their entirety as the regulations governing unsafe structures, unsafe equipment, structures unfit for human occupancy, dangerous structures, emergency measures and demolition.
B. Review and Notice of Remedial Actions. Whenever the code official determines, under the following sections of the IPMC, that a building or structure should be vacated under Section 108, or demolished under Section 110, or that emergency measures need to be taken under Section 108.2 or 109, unless the circumstances require immediate action, such remedial action shall not be taken without:
(1) Consulting with designated professionals as necessary to determine that the proposed action is the minimum action required to protect occupants and the public;
(2) Making reasonable efforts to identify and give notice to all persons with an ownership or possessory interest in the premises, and to all persons who may be adversely affected, of the actions to be taken by the city; and
(3) Providing a reasonable opportunity for an appeal to persons adversely affected by such action who may request same.
C. Scope of Remedial Action. The remedial action taken under Sections 108.2, 109 and 110 should be no more than necessary to protect the occupants and property and the public health, safety and welfare. (Ord. 3676 § 1, 2010)
1721.18 Appeals.
A. The appeals provisions, Section 111 of the IPMC, are hereby adopted in full with the modifications set forth in subsections (B) through (E) of this section.
B. An application for appeal must be accompanied by an appeal fee to be established by resolution of the city council.
C. Section 111.2.5, entitled “Compensation,” is deleted.
D. Section 111.4.1, entitled “Procedure,” shall read as follows:
111.4.1 Procedure. Hearings and appeal proceedings shall be conducted in accordance with the provisions of the Pennsylvania Local Agency Law, 2 Pa. C.S. § 551 et seq., and in accordance with the applicable requirements of the Pennsylvania Sunshine Law, 65 Pa. C.S. § 701 et seq. Proceedings need not comply with the strict rules of evidence.
E. Section 111.7, entitled “Court Review,” shall read as follows:
111.7 Court Review. An aggrieved person may take an appeal from the decision of the Board of Appeals in accordance with the applicable provisions of law.
(Ord. 3676 § 1, 2010)
1721.19 Deletions.
The following sections of the 2009 IPMC are not adopted or included as part of the MPMC:
103
105.2 and 105.3
106
107
112.4
(Ord. 3676 § 1, 2010)
1721.20 Additions, insertions and changes to International Property Maintenance Code.
The following sections of the IPMC adopted hereunder are modified as follows:
A. Revise Section 102.3 to read as follows:
Repairs, additions and alterations to a structure or changes in occupancy shall be done in accordance of the requirements of the Pennsylvania Construction Code, as amended from time to time.
B. Remove reference to International Zoning Code in Section 201.3.
C. The following definitions are added to the definitions in Section 202:
“Blighting Influence” means a residential or commercial building, or portion of any such building, which lacks framed glass or plexiglass within designated window areas and/or lacks opening doors in designated entryways, provided that:
1. the City of Meadville, through its Code Enforcement personnel, has provided 180 days’ notice to the owner of the property that the City has determined that the lack of windows and/or entry doors has a significant adverse influence on the community, which finding shall be based upon one or more of the following factors:
a. deterioration and/or safety of the property;
b. safety of the surrounding community;
c. the value of intact, occupied properties in the surrounding vicinity of the property;
d. the marketability of the property; and
e. community morale.
2. The Property owner, within 180 days of the date of the notice, fails to cure the condition by installation of windows and/or doors.
“Jurisdiction” shall mean the City of Meadville.
“Code Official” shall mean the person appointed by the City Manager to administer and enforce the Property Maintenance Code, and duly appointed Deputies.
“Chief Appointing Authority” shall mean the City Council.
“Chief Administrative Officer” shall mean the City Manager.
“Code” or “MPMC” shall mean the Property Maintenance regulations adopted by this Ordinance as same may be amended and the International Property Maintenance Code published by the International Code Council, 2009 Edition, as modified by this Ordinance.
“Junk” shall mean any used and discarded or abandoned materials or articles including, but not limited to, boats, trailers, machinery, equipment, appliances, house furnishings, structures, recreational equipment, building materials and debris, vehicle parts, rimless tires, the scrap and parts thereon and any other article or material which has been discarded and is not generally useable for the purpose for which it was manufactured. It shall also mean materials or articles including, but not limited to grills, building materials, toys, household goods, lawn mowers and similar equipment, machinery, appliances, house furnishings, structures, vehicle parts, and any other article or material which has not been stored in compliance with the following standards, and remained unused for a period of more than 180 days, whether or not it is still generally useable for the purpose for which it was manufactured: (a) Within an enclosed building or structure in a manner which does not violate any other law and regulation and which does not cause a public health or safety hazard or public nuisance; or (b) on a site at least ten (10) feet from all adjoining properties and twenty-five (25) feet from adjoining public roadways and water courses, and positioned or maintained in such a manner as to be screened from the view of adjoining properties and adjoining public roadways and so as not to cause a public health or safety hazard or public nuisance.
“Person” shall mean any individual, partnership, corporation, association, institution, cooperative enterprise, governmental entity or agency, or any other legal entity which is recognized by law. In any provision of this Ordinance prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term person shall include the officers and directors of any corporation or other legal entity having officers and directors.
“Responsible Person” or “Person Responsible” shall mean an owner, renter, tenant, lessor, lessee, manager, agent or any fiduciary or person with power of attorney or other person who is occupying or having charge of, possession or control of the premises or has the authority and ability to act on behalf of, or in the interest of, the owner.
D. Add new Section 302.1.1 as follows:
302.2.2 Surfaces. Any area not used for buildings, structures, vehicle access, parking or screening shall be planted with an all-season ground cover and/or other landscape materials.
E. Add Section 302.4.1 to read:
302.4.1 Vehicular and Pedestrian Traffic Obstructions. Trees, plants, shrubs and other obstructions which constitute a traffic hazard as set forth below shall be removed or cut back to remove the obstruction. Obstructions subject to this requirement include those which restrict the stopping sight distance for drivers of through vehicles or the available corner sight distance for drivers entering from side roads or driveways to less than the appropriate minimum stopping sight distance or minimum corner sight distance standards as established by recognized traffic safety organizations, and those which significantly restrict the sight distance to a traffic-control device. Also subject to this requirement are trees, plants, shrubs and other obstructions which overhang the public sidewalk within eight (8) vertical feet of grade or overhang a curb or cartway of a public street within fourteen (14) vertical feet of grade.
F. Amend Section 302.8, entitled “Motor Vehicles,” to read as follows:
302.8.1 No vehicle without current registration or inspection shall be parked or stored outside of a building or enclosure for more than sixty (60) days.
302.8.2 No vehicle in a state of disassembly, such as but not limited to, a vehicle with a wheel or tire removed for repair, shall be parked or stored outside of an enclosed building, such as a garage, for more than sixty (60) days.
302.8.3 No vehicle in a state of major disassembly, disrepair or damage requiring substantial repairs or body work shall be parked, kept or stored outside a building or enclosed area suitable for such storage, for more than sixty (60) days.
302.8.4 The prohibitions in Sections 302.8.1, 302.8.2, and 302.8.3 above shall not apply where such vehicles are parked and stored in specifically designated and approved outdoor areas in conjunction with a properly permitted and licensed vehicle repair business on the condition that the storage area is properly screened and secured, and that vehicles and parts stored on the premises are not stored for more than (90) days. Appropriate screening shall include fences, walls, landscape, or evergreens or combination thereof.
G. Add the following sections:
302.10 Maintenance or Storage of Junk. No junk shall be maintained, stored or accumulated on any property unless it is maintained, stored or accumulated:
(1) within an enclosed building or structure in a manner which does not violate any other law and regulation and which does not cause a public health or safety hazard or public nuisance; or
(2) on a site at least ten (10) feet from all adjoining properties and twenty-five (25) feet from adjoining public roadways and water courses, and positioned or maintained in such a manner as to be screened from the view of adjoining properties and adjoining public roadways and so as not to cause a public health or safety hazard or public nuisance.
302.11 Outdoor Storage of Furniture. Furniture or household furnishings which deteriorate if exposed to rain or snow or are susceptible to infestations by insects, rats or other vermin is prohibited from being placed or stored on exterior property, including open or roofed decks and open or roofed porches. Such prohibited furniture shall include, but is not limited to, upholstered couches and chairs, davenports, mattresses, sofas and other interior-type fabric-covered articles not designed or intended for use in an exterior area.
302.12 Rubbish and Garbage.
(1) No rubbish, refuse or garbage shall be accumulated or stored outside of an enclosed building or structure, except in appropriate containers which are set outside for collection in the manner required by Article 931 of the Meadville Municipal Code. Appropriate containers are those receptacles or bags as required by the City regulations with contents secured to keep the contents from being scattered or leaked.
(2) All rubbish, refuse and garbage accumulated or stored inside of an enclosed building shall be regularly disposed of by use of a refuse collection service or other lawful means.
(3) No rubbish, refuse or garbage shall be accumulated or stored inside an enclosed building so as to create a nuisance.
302.13 Disposal of Certain Materials. No person shall deposit, or cause to be deposited, any refuse, garbage, offal, pomace, dead animals, decaying matter or similar substance of any kind in or upon any premises, building or structure, so that the same shall may afford food, harborage or breeding areas for vectors, or cause a nuisance.
302.14 Leaf Burning. The burning of leaves shall be prohibited at all times and in all places in the City.
302.15 All animal waste must be kept and maintained so as not to create a public nuisance. Unless another manure management plan consistent with recognized standards is approved and implemented, animal waste must be properly removed from the premises regularly or composted so as not to create a public nuisance.
302.16 Filling of Ditches or Watercourses. No person, whether as owner or occupant of any part of any ditch or watercourse, shall fill such ditch in such a way as to cause standing pools of water or to divert the water flow onto adjacent properties. Stagnant pools of water shall be properly drained. Anyone filling such ditch shall provide proper drains or culverts to carry off the water that might collect in the same, in accordance with the requirements of the City engineers.
H. Add a sentence to Section 303.2, entitled “Enclosures,” as follows:
Swimming pools whose sides are at least forty-eight (48) inches in height above the finished ground level and provide approved access prevention measures, including but not limited to, removable or lockable ladders or decks with gates that meet the requirements of this Section are exempt from the fence or barrier requirement.
I. Section 304.14, Insect Screens. Insert “May 1st to November 1st.”
J. Amend the last sentence of Section 304.3, entitled “Premises Identification,” to read:
Numbers shall be a minimum of three (3) inches high with a minimum stroke width of one-half (1/2) inch.
K. Add Section 304.7.1 to read:
Rainwater leaders, yard drains, footer drains, downspouts, roof drains, subsoil drains, French drains, sump pumps or other equipment discharging stormwater or groundwater shall not empty water in a manner that allows the discharged water to enter or drain directly into or onto a public sidewalk, a street or public right-of-way. This restriction shall not apply to downspouts, roof drains or other conveyances carrying only stormwater that empty into a street that were in place prior to the adoption date of this code as evidenced by a curb hole, duly issued permit or other documentation.
L. Replace Section 309, “Pest Elimination,” with the following:
309.1 Responsibility for general measures.
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in the dwelling or on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for extermination whenever his or her dwelling is the only one infested, except that where infestation is caused by failure of the owner to maintain the dwelling in a rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling, extermination shall be the responsibility of the owner. Whenever infestation exists in any rooming house, extermination shall be the responsibility of the operator.
309.2 Protection against rodents.
309.2.1 No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, dwelling unit or rooming unit, unless every foundation, floor, wall, ceiling, roof, window, exterior door and basement hatchway is free from openings large enough to permit the entry of rodents.
309.2.2 No person shall occupy as owner occupant, or let to another for occupancy, any dwelling, dwelling unit or rooming unit, unless every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement or cellar which may permit the entry of rodents shall be supplied with a protective device which will effectively prevent the entry of rodents.
309.3 Protection against insects. No person shall maintain or permit to be maintained any receptacle or pool, whether natural or artificial, containing water in such condition that insects breeding therein may become a menace to the public health.
M. Sections 602.3, entitled “Heat Supply,” and 602.4, entitled “Occupiable Working Space.” Insert “September 1st to June 1st.”
N. Section 701.1 is hereby revised to read as follows:
701.1 Scope. The provisions of this chapter together with the applicable provisions of the International Fire Code published by the International Code Council and as adopted from time to time as part of the PA Uniform Construction Code, shall govern the minimum conditions and standards for fire safety relating to maintenance of structures and exterior premises, including fire safety facilities and equipment to be provided.
O. Add subsections to Section 301.3, entitled “Vacant Structures,” to read as follows:
301.3.1 Vacant structures. All vacant structures and portions thereof shall be maintained in a clean, safe, secure and sanitary condition, with required windows and entry doors as provided in this Code, so as not to cause a Blighting Influence or adversely affect the public health or safety.
301.3.2 Windows and doors. The owner of a vacant building that is a Blighting Influence, as defined in this Code, shall secure all spaces designed as windows with glass or plexiglass windows that have frames and glazing, and all entryways with doors which open. Sealing such a property with boards or masonry or other materials that are not glass/plexiglass windows with frames and glazing, or entry doors, shall not constitute good repair or an acceptable property condition and shall be a violation of this Code.
P. Amend Section 403.5 entitled “Clothes Dryer Exhaust” to read:
Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instruction, but under no circumstances shall they be exhausted inside of a structure without approved dust and lint interception.
Q. Add to Section 304.1, entitled “General,” as follows:
Unapproved materials may not be used for repair or construction of any building, structure or appurtenance thereof, except as follows: Clear plastic sheeting may be used to enclose a roofed porch from October 1 to April 1 only. Material shall be neatly, tightly and uniformly affixed to the structure to accomplish the intended purpose. Any tears, rips, or sections that have come away from the structure in any manner shall be considered a violation of this section.
(Ord. 3789 §§ 3 – 7, 2021; Ord. 3749 § 3, 2016; Ord. 3735 § 1, 2015; Ord. 3727 § 1, 2014; Ord. 3676 § 1, 2010)
1721.30 Weeds and high grass prohibited.
A. Removal of Weeds and High Grass Required. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches high. All noxious weeds shall be prohibited. “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 and gardens.
B. High Grass Notices. Written notice of the violation of this section shall be given in the manner set forth in MMC 1721.14(B) and (C) except that only seven days shall be permitted to correct the violation. If the persons responsible fail to take corrective action to eliminate the violation(s), no additional notices shall be required for continuing uncorrected violations of the same provision on the same premises during the calendar year.
C. Remedies for Grass and Weed Violations. Whenever any person permits grass, weeds or other objectionable vegetation to remain upon premises in violation of this section and fails to have same removed within five days, after notice is given, the city is hereby authorized to cause the same to be removed by the city or a contractor hired by the city on a biweekly basis if reasonably required without further notice. The cost of such remedial action and all expenses incidental thereto together with a penalty of 10 percent of the costs may be collected from the owner or other person responsible for the premises in any manner permitted by law. In addition, a municipal lien or claim in the amount of the costs, related expenses, and penalties may be filed against the premises which were in violation. In addition, the city may pursue any and all other lawful remedies for the violation including prosecution of the offense. (Ord. 3789 § 8, 2021; Ord. 3676 § 1, 2010)
1721.31 Removal of snow and obstructions from sidewalks.
A. Snow, Ice and Debris to be Removed from Sidewalks. Owners of and persons responsible for premises located in the city on which are located sidewalks adjacent to public streets shall keep the sidewalks free and clear of snow and ice and from debris that poses a hazard to pedestrians between the daytime hours of 8:00 a.m. and 5:00 p.m.
B. Snow/Ice Removal Notices. Written notice of the violation of this section shall be given in the manner set forth in MMC 1721.14(B) and (C) except that only seven days shall be permitted to correct the violation. If the persons responsible fail to take corrective action to eliminate the violation(s), no additional notices shall be required for continuing uncorrected violations of the same provision upon the same premises during the calendar year.
C. Remedies for Snow/Ice Removal Violations. If persons responsible fail to remove snow and ice or debris from sidewalks in accordance with the requirements of this section, the city is hereby authorized to and may take action to remove the snow or ice or debris with city personnel or a contractor hired by the city as often as reasonably required, without further notice, in order to keep the sidewalk reasonably safe for pedestrian use. The cost of such remedial action and all expenses incidental thereto together with a penalty of 10 percent of the costs and expenses shall be collectible from the owner or other persons responsible in any manner permitted by law. In addition, the city may file a municipal lien or claim against the premises in the amount of the unpaid costs, related expenses including reasonable legal fees and penalty and may pursue any and all other remedies permitted by law to correct the violation including prosecution of the offense.
D. For the reason that failure to remove ice and snow poses a public health and safety hazard if uncorrected in a short period of time, citations may be filed every five days the violations continue without correction or abatement. No appeal shall be provided from the notice of violation. Persons responsible shall have the opportunity to be heard in any court proceeding instituted for imposition of a penalty for violation. (Ord. 3789 § 9, 2021; Ord. 3676 § 1, 2010)
1721.32 Refuse and garbage accumulations prohibited.
A. Accumulations of Uncollected Garbage and Refuse. No accumulation of garbage, refuse or rubbish which causes a nuisance or health and safety hazard shall be permitted in any front or side yard area except as permitted for collection in accordance with Article 931 MMC.
B. Refuse and Garbage Removal Notices. Written notice of the violation of this section shall be given in the manner set forth in MMC 1721.14(B) and (C) except that only seven days shall be permitted to correct the violation. If the persons responsible fail to take corrective action to eliminate the violation(s), no additional notices shall be required for continuing uncorrected violations of the same provision upon the same premises for the calendar year.
C. Remedies for Refuse and Garbage Removal Violations. If persons responsible fail to have the refuse and garbage properly removed in accordance with the requirements of this section, the city is hereby authorized to and may take action to remove the refuse and garbage with city personnel or a contractor hired by the city as often as reasonably required, without further notice. The cost of such remedial action and all expenses incidental thereto together with a penalty of 10 percent of the costs and expenses shall be collectible from the owner or other persons responsible in any manner permitted by law. In addition, the city may file a municipal lien or claim against the premises in the amount of the unpaid costs, related expenses including reasonable legal fees and penalty and may pursue any and all other remedies permitted by law to correct the violation including prosecution of the offense.
D. For the reason that failure to remove refuse and garbage poses a unique public health and safety hazard if uncorrected in a short period of time, citations may be filed every five days the violations continue without correction or abatement. No appeal shall be provided from the notice of violation. Persons responsible shall have the opportunity to be heard in any court proceeding instituted for imposition of a penalty for violation. (Ord. 3789 § 10, 2021; Ord. 3676 § 1, 2010)
1721.33 Standard of maintenance and mandatory compliance for public sidewalks.
A. All public sidewalks in the City of Meadville shall be maintained in accord with such standards as are, from time to time, promulgated by the city manager and approved by city council. Copies of current sidewalk standards shall be on file and available to the public in the office of the city manager or his designee.
B. Upon determining that a sidewalk does not comply with the standards promulgated in accord with subsection (A) of this section, the code official or his designee is hereby authorized to issue orders complying with the notice requirements in this code to the owners of properties upon which or adjacent to which said sidewalks exist requiring that such sidewalks be repaired or replaced in a manner which causes said sidewalks to comply with such standards.
C. If the property owner fails or refuses to take action to correct the sidewalk condition in accordance with an order issued pursuant to this section, the city is hereby authorized to cause the same to be repaired by the city or a contractor hired by the city as necessary to bring it into compliance with the standards promulgated in accordance with subsection (A) of this section. The cost of such remedial action and all expenses incidental thereto together with a penalty of 10 percent of the costs may be collected from the owner or other person responsible for the premises in any manner permitted by law. In addition, a municipal lien or claim in the amount of the costs, related expenses, and penalties may be filed against the premises which were in violation. In addition, the city may pursue any and all other lawful remedies for the violation, including prosecution of the offense in accordance with the procedures pursuant to MMC 1721.13. (Ord. 3718 § 1, 2013)
1721.34 Roof water running over or dripping on sidewalk prohibited.
Repealed by Ord. 3749. (Ord. 3718 § 1, 2013)