file of the council no. an ordinance 2018 amending file
FILE OF THE COUNCIL NO. AN ORDINANCE 2018 AMENDING FILE OF THE COUNCIL NO. 64, 2014, AN ORDINANCE (AS AMENDED) ENTITLED "AN ORDINANCE ADOPTING THE QUALITY OF LIFE AND VIOLATIONS TICKET PROCESS IN THE CITY OF SCRANTON" BE AMENDED TO INCLUDE A NEW DEFINITION IN SECTION 2. DEFINITIONS, NEW VIOLATIONS IN SECTION 3. QUALITY OF LIFE VIOLATIONS AND NEW FINES AND PENALTIES IN SECTION 9. FINES AND PENALTIES. WHEREAS, pursuant to the request of the Director of Licensing, Inspections, and Permits, this Ordinance will help combat blight and preserve the life, health, sanitation, safety and aesthetic value for the City of Scranton and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SCRANTON that File of the Council No. 64, 2014 An Ordinance (as Amended) be Amended to include the following new definition, new violations, and new fines and penalties to the Property Maintenance Rules and Regulations of the Quality of Life and Violations Ticket Process for the City of Scranton: PROPERTY MAINTENANCE RULES AND REGULATIONS SECTION 2. Definitions. NUISANCE ANIMAL — A "Nuisance Animal" includes any domesticated animal that emits any frequent or habitual barking, howling, yelping, or other noises that disturbs the peace of another, runs at large upon public or private property without permission from the property owner, or an animal which soils, defiles, defecates or otherwise causes damage to public or private property other than the property of the owner, SECTION 3. Quality Of Life Violations. 30. Unlawful Occupancy. It shall be unlawful to occupy, use or operate any building or structure or type of new or changed business within a structure, space, or building without first obtaining a Certificate of Occupancy issued by the building code official. 31. Illegal Parking. It shall be unlawful to park, store, or place a motor vehicle, commercial or otherwise, in any parking area, zoning district, land, parcel, or spot not conforming to the City of Scranton Zoning Ordinance or related Ordinances. 32. Nuisance Animal. Any animal that is considered a public nuisance, as defined in this Ordinance, in any neighborhood or zoning district by the Animal Control Officer or other public official shall be considered unlawful. This includes the harboring of nuisance animals. 33. Unlicensed Dog. It shall be unlawful to house, keep, or own a dog without obtaining the proper license from the Department of Licensing, Inspections, and Permits. 34. Dangerous/Vicious Dog or Other Animal. Any dog or other animal whose behavior po s a threat to public safety, which inflicts unjustified, serious injury, or poses an imminent threat of unjustified, serious aggression toward people or other animals shall be considered unlawful. This includes the harboring of such dangerous animals.
35. Property Maintenance Violation Other. Any property maintenance violation not specifically mentioned in this Ordinance but falls under the confines of the International Property Maintenance Code as adopted by the City of Scranton and other related Ordinances. When issuing said violation, the public officer shall cite the specific section of the International Property Maintenance Code, as adopted by the City of Scranton, and other related Ordinances. 36. Noise Disturbance/Nuisance. Any person, entity, or business created a noise disturbance/nuisance, as defined in File of the Council No. 74 of 1993 (Zoning Ordinance) and File of the Council No. 116 of 1996. 37. Abandoned/Junk Vehicle. It shall be unlawful to store or park an abandoned/junk vehicl within the City as defined in File of the Council No. 74 of 1993 (Zoning Ordinance) and File of the Council No. 222 of 2003. 38. Weights, Scales, and Measures. Any business/property owner, operator/agent of a business involving weights, scales, and measures, including but not limited to, gas stations, jewel and precious metal operations, meter reading, or any scale measuring up to one thousand (1,000) pounds, shall comply with all related City and State laws regarding such subject matter, 39. Refuse for Pickup and Containers. It shall be unlawful to set or place garbage out prior twenty four (24) hours before the scheduled pick up time and for property owners not to have sufficient garbage containers of at least thirty two (32) gallon capacity for each unit within the building. When not out for pick up, garbage containers shall be placed in an inconspicuous area on the property. SECTION 9. Fines and Penalties. A.
Any person who violates this Part shall pay a fine as set forth herein for each offense, plus all direct and indirect costs incurred by the City for the clean up and abatement of the violation.
Violation QOL-030 QOL-031 QOL-032 QOL-033 QOL-034 QOL-035 QOL-036 QOL-037 Q01.038 QOL-039
Description Unlawful Occupancy Illegal Parking Nuisance Animal Unlicensed Dog DangerousNicious Dog or Other Animal Property Maintenance Violation - Other Noise Disturbance/Nuisance Abandoned/Junk Vehicle Weights, Scales, and Measures Garbage for Pickup and Containers
Fine $500.00 $50.00 $50.00 $75.00 $150.00 $100.00 $100.00 $100.00 $200.00 $100.00
Payment Due 48 HOURS 48 HOURS 48 HOURS 48 HOURS 48 HOURS 48 HOURS 48 HOURS 48 HOURS 48 HOURS 48 HOURS
SECTION 12. Severability. All relevant Ordinances, regulations, and policies of the City of Scranton, Pennsylvania not amended shall remain in full force and effect. SECTION 13. Any Ordinance or part of an Ordinance conflicting with the provisions of this Ordinance shall be subordinate to this Ordinance to the extent of such conflict, and the language contained in the Ordinance shall control. SECTION 14. If any section, clause, provision or portion of this Ordinance shall be held invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this Ordinance so long as it remains legally 2
enforceable minus the invalid portion. The City reserves the right to amend this ordinance or any portion thereof from time to time as it shall deem advisable in the best interests of the promotion of the purposes & intent of this Ordinance, & the effective administration thereof. SECTION 15. This Ordinance shall be effective immediately upon approval.
SECTION 16. This Ordinance is enacted by the Council of the City of Scranton under the authority of the Act of Legislature, April 13, 1972, Act No. 62, known as the "Home Rule Charter and Optional Plans Law", and any other applicable law arising under the laws of the State of Pennsylvania.
DEPARTMENT OF LICENSING, INSPECTIONS AND PERMITS CITY HALL • 340 NORTH WASHINGTON AVENUE • SCRANTON PENNSYLVANIA 18503 • PHONE: 570-348-4193 • FAX: 570348-4171
March 20, 2018 Ms. Jessica Eskra Esq. City Solicitor Law Department City Hall RE: AMENDING FOC # 64 of 2014 (Quality of Life Tickets) Dear Solicitor Boyles, Please review the following amendments to bring before City Council for their evaluation and encouraged approval. I propose add the following: To amend and include new Quality of Life violations and fines to aid in the enforcement process and help combat blight, life, health, safety, sanitation and aesthetic value for the City of Scranton. Said amendments are necessary for the enforcement of frequent and often daily reported violations, complaints and concerns and will assist in the timeframe on which said violations can be cured. Please see Attachment A for the listed proposed changes. If you should have any questions, please contact me at your earliest convenience. Sin
Patrick L. Hinton Director/ BCO Licensing, Inspections and Permits
Cc: Thomas Oleski, Deputy Director/BCO
DEPARTMENT OF LICENSING, INSPECTIONS AND PERMITS Ntrs Da0
CITY HALL • 340 NORTH WASHINGTON AVENUE • SCRANTON, PENNSYLVANIA 18503 • PHONE: 570-348-4193 • FAX: 570-348-4171
March 20, 2018 Ms. Jessica Eskra Esq. City Solicitor Law Department City Hall RE: AMENDING FOC AL 64 of 2014 (Quality of Life Tickets) Attachment A Proposed Changes Section 3 Quality of Life Violations (Additions) 30. Unlawful Occupancy: It shall be unlawful to occupy, use or operate any building or structure or type of new or changed business within a structure, space or building without first obtaining a certificate of occupancy issued by the building code official. 31. Illegal Parking: It shall be unlawful to park, store or place a motor vehicle commercial or otherwise, in any parking area, zoning district, land, parcel or spot not conforming to the City of Scranton Zoning Ordinance or related ordinances. 32. Nuisance Animal: Any animal that is considered a public nuisance as defined in this ordinance in any neighborhood or zoning district by the Animal Control Officer or other public official as defined in this ordinance and FOC 74 of 1993 (Zoning Ordinance) shall be considered unlawful. This includes the harboring of any nuisance animals. 33. Unlicensed Dog: It shall be unlawful to house, keep, or own a dog without obtaining the proper license from the Department of Licensing, Inspections & Permits Department. 34. Dangerous/Vicious Dog or other animal: Any dog or other animal whose behavior poses a threat to public safety. Any dog or other animal which inflicts unjustified, serious injury, or poses an imminent threat of unjustified, serious aggression toward people or other animals. This includes the harboring of such dangerous animals. 35. Property Maintenance Violation-Other: Any property maintenance violation not specifically mentioned in this ordinance but falls under the confines of the International Property Maintenance Code as adopted by the City of Scranton and other related ordinances. •
When issuing said violation ticket the pubic officer as defined by this ordinance shall cite the specific section of the IPMC or related ordinance.
36. Noise Disturbance/Nuisance: Any person, entity or business creating a noise disturbance/nuisance, as defined in FOC # 74 of 1993 (Zoning Ordinance) and in FOC # 116 of 1996. 37. Abandoned/Junk Vehicle: It shall be unlawful to store or park an abandoned/junk vehicle within the City as defined in FOC #74 of 1993 and FOC # 222 of 2003. 38. Weights, Scales & Measures: Any business/property owner, operator/agent of a business involving weights, scales and measures including but not limited to; gas stations, jewelry and precious metal operations, meter reading, or any scale up measuring up to 1,000 pounds, shall comply with all related City and State laws regarding such subject matter.
39. Garbage for Pickup & Containers: It shall be unlawful to set or place garbage out prior to twenty four (24) hours before the scheduled pickup time and for property owners not to have sufficient garbage containers of at least 32 gallon capacity for each unit within building. When not out for pickup, garbage containers shall be placed in an inconspicuous area on the property. Section 9 Fines & Penalties (Additions) QOL-30: Unlawful Occupancy
$ 500.00
QOL-31: Illegal Parking
$ 50.00
QOL-31: Nuisance Animal
$ 50.00
QOL-33: Unlicensed Dog
$ 75.00
QOL-34: Dangerous/Vicious Dog or other animal
$ 150.00
QOL-35: Property Maintenance Violation-Other
$ 100.00
QOL-36: Noise Disturbance/Nuisance
$ 100.00
QOL-37: Abandoned/Junk Vehicle
$ 100.00
QOL-38: Weights, Scales & Measures
$ 200.00
QOL-39: Garbage for Pickup & Containers
$ 100.00
Seinfrikk DEPARTMENT OF LAW PENKSVIVANIA CITY HALL • 340 NORTH WASHINGTON AVENUE • SCRANTON, PENNSYLVANIA 18503 • PHONE: 570-348-4105 • FAX: 570-348-4263
April 3, 2018
To the Honorable Council Of the City of Scranton Municipal Building Scranton, PA 18503
APR 0 9 2018 OFFICE OF CITY COUNCIL/CITY CLERK
Dear Honorable Council Members: ATTACHED IS AN ORDINANCE AMENDING FILE OF THE COUNCIL NO. 64, 2014, AN ORDINANCE (AS AMENDED) ENTITLED "AN ORDINANCE ADOPTING THE QUALITY OF LIFE AND VIOLATIONS TICKFT PROCESS IN THE CITY OF SCRANTON" BE AMENDED TO INCLUDE A NEW DEFINITION IN SECTION 2. DEFINITIONS, NEW VIOLATIONS IN SECTION 3. QUALITY OF LIFE VIOLATIONS AND NEW FINES AND PENALTIES IN SECTION 9. FINES AND PENALTIES. Respectfully, L. Eskra, Esquire olicitor JLE/sl
35. Property Maintenance Violation Other. Any property maintenance violation not specifically mentioned in this Ordinance but falls under the confines of the International Property Maintenance Code as adopted by the City of Scranton and other related Ordinances. When issuing said violation, the public officer shall cite the specific section of the International Property Maintenance Code, as adopted by the City of Scranton, and other related Ordinances. 36. Noise Disturbance/Nuisance. Any person, entity, or business created a noise disturbance/nuisance, as defined in File of the Council No. 74 of 1993 (Zoning Ordinance) and File of the Council No. 116 of 1996. 37. Abandoned/Junk Vehicle. It shall be unlawful to store or park an abandoned/junk vehicl within the City as defined in File of the Council No. 74 of 1993 (Zoning Ordinance) and File of the Council No. 222 of 2003. 38. Weights, Scales, and Measures. Any business/property owner, operator/agent of a business involving weights, scales, and measures, including but not limited to, gas stations, jewel and precious metal operations, meter reading, or any scale measuring up to one thousand (1,000) pounds, shall comply with all related City and State laws regarding such subject matter, 39. Refuse for Pickup and Containers. It shall be unlawful to set or place garbage out prior twenty four (24) hours before the scheduled pick up time and for property owners not to have sufficient garbage containers of at least thirty two (32) gallon capacity for each unit within the building. When not out for pick up, garbage containers shall be placed in an inconspicuous area on the property. SECTION 9. Fines and Penalties. A.
Any person who violates this Part shall pay a fine as set forth herein for each offense, plus all direct and indirect costs incurred by the City for the clean up and abatement of the violation.
Violation QOL-030 QOL-031 QOL-032 QOL-033 QOL-034 QOL-035 QOL-036 QOL-037 Q01.038 QOL-039
Description Unlawful Occupancy Illegal Parking Nuisance Animal Unlicensed Dog DangerousNicious Dog or Other Animal Property Maintenance Violation - Other Noise Disturbance/Nuisance Abandoned/Junk Vehicle Weights, Scales, and Measures Garbage for Pickup and Containers
Fine $500.00 $50.00 $50.00 $75.00 $150.00 $100.00 $100.00 $100.00 $200.00 $100.00
Payment Due 48 HOURS 48 HOURS 48 HOURS 48 HOURS 48 HOURS 48 HOURS 48 HOURS 48 HOURS 48 HOURS 48 HOURS
SECTION 12. Severability. All relevant Ordinances, regulations, and policies of the City of Scranton, Pennsylvania not amended shall remain in full force and effect. SECTION 13. Any Ordinance or part of an Ordinance conflicting with the provisions of this Ordinance shall be subordinate to this Ordinance to the extent of such conflict, and the language contained in the Ordinance shall control. SECTION 14. If any section, clause, provision or portion of this Ordinance shall be held invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this Ordinance so long as it remains legally 2
enforceable minus the invalid portion. The City reserves the right to amend this ordinance or any portion thereof from time to time as it shall deem advisable in the best interests of the promotion of the purposes & intent of this Ordinance, & the effective administration thereof. SECTION 15. This Ordinance shall be effective immediately upon approval.
SECTION 16. This Ordinance is enacted by the Council of the City of Scranton under the authority of the Act of Legislature, April 13, 1972, Act No. 62, known as the "Home Rule Charter and Optional Plans Law", and any other applicable law arising under the laws of the State of Pennsylvania.
DEPARTMENT OF LICENSING, INSPECTIONS AND PERMITS CITY HALL • 340 NORTH WASHINGTON AVENUE • SCRANTON PENNSYLVANIA 18503 • PHONE: 570-348-4193 • FAX: 570348-4171
March 20, 2018 Ms. Jessica Eskra Esq. City Solicitor Law Department City Hall RE: AMENDING FOC # 64 of 2014 (Quality of Life Tickets) Dear Solicitor Boyles, Please review the following amendments to bring before City Council for their evaluation and encouraged approval. I propose add the following: To amend and include new Quality of Life violations and fines to aid in the enforcement process and help combat blight, life, health, safety, sanitation and aesthetic value for the City of Scranton. Said amendments are necessary for the enforcement of frequent and often daily reported violations, complaints and concerns and will assist in the timeframe on which said violations can be cured. Please see Attachment A for the listed proposed changes. If you should have any questions, please contact me at your earliest convenience. Sin
Patrick L. Hinton Director/ BCO Licensing, Inspections and Permits
Cc: Thomas Oleski, Deputy Director/BCO
DEPARTMENT OF LICENSING, INSPECTIONS AND PERMITS Ntrs Da0
CITY HALL • 340 NORTH WASHINGTON AVENUE • SCRANTON, PENNSYLVANIA 18503 • PHONE: 570-348-4193 • FAX: 570-348-4171
March 20, 2018 Ms. Jessica Eskra Esq. City Solicitor Law Department City Hall RE: AMENDING FOC AL 64 of 2014 (Quality of Life Tickets) Attachment A Proposed Changes Section 3 Quality of Life Violations (Additions) 30. Unlawful Occupancy: It shall be unlawful to occupy, use or operate any building or structure or type of new or changed business within a structure, space or building without first obtaining a certificate of occupancy issued by the building code official. 31. Illegal Parking: It shall be unlawful to park, store or place a motor vehicle commercial or otherwise, in any parking area, zoning district, land, parcel or spot not conforming to the City of Scranton Zoning Ordinance or related ordinances. 32. Nuisance Animal: Any animal that is considered a public nuisance as defined in this ordinance in any neighborhood or zoning district by the Animal Control Officer or other public official as defined in this ordinance and FOC 74 of 1993 (Zoning Ordinance) shall be considered unlawful. This includes the harboring of any nuisance animals. 33. Unlicensed Dog: It shall be unlawful to house, keep, or own a dog without obtaining the proper license from the Department of Licensing, Inspections & Permits Department. 34. Dangerous/Vicious Dog or other animal: Any dog or other animal whose behavior poses a threat to public safety. Any dog or other animal which inflicts unjustified, serious injury, or poses an imminent threat of unjustified, serious aggression toward people or other animals. This includes the harboring of such dangerous animals. 35. Property Maintenance Violation-Other: Any property maintenance violation not specifically mentioned in this ordinance but falls under the confines of the International Property Maintenance Code as adopted by the City of Scranton and other related ordinances. •
When issuing said violation ticket the pubic officer as defined by this ordinance shall cite the specific section of the IPMC or related ordinance.
36. Noise Disturbance/Nuisance: Any person, entity or business creating a noise disturbance/nuisance, as defined in FOC # 74 of 1993 (Zoning Ordinance) and in FOC # 116 of 1996. 37. Abandoned/Junk Vehicle: It shall be unlawful to store or park an abandoned/junk vehicle within the City as defined in FOC #74 of 1993 and FOC # 222 of 2003. 38. Weights, Scales & Measures: Any business/property owner, operator/agent of a business involving weights, scales and measures including but not limited to; gas stations, jewelry and precious metal operations, meter reading, or any scale up measuring up to 1,000 pounds, shall comply with all related City and State laws regarding such subject matter.
39. Garbage for Pickup & Containers: It shall be unlawful to set or place garbage out prior to twenty four (24) hours before the scheduled pickup time and for property owners not to have sufficient garbage containers of at least 32 gallon capacity for each unit within building. When not out for pickup, garbage containers shall be placed in an inconspicuous area on the property. Section 9 Fines & Penalties (Additions) QOL-30: Unlawful Occupancy
$ 500.00
QOL-31: Illegal Parking
$ 50.00
QOL-31: Nuisance Animal
$ 50.00
QOL-33: Unlicensed Dog
$ 75.00
QOL-34: Dangerous/Vicious Dog or other animal
$ 150.00
QOL-35: Property Maintenance Violation-Other
$ 100.00
QOL-36: Noise Disturbance/Nuisance
$ 100.00
QOL-37: Abandoned/Junk Vehicle
$ 100.00
QOL-38: Weights, Scales & Measures
$ 200.00
QOL-39: Garbage for Pickup & Containers
$ 100.00
Seinfrikk DEPARTMENT OF LAW PENKSVIVANIA CITY HALL • 340 NORTH WASHINGTON AVENUE • SCRANTON, PENNSYLVANIA 18503 • PHONE: 570-348-4105 • FAX: 570-348-4263
April 3, 2018
To the Honorable Council Of the City of Scranton Municipal Building Scranton, PA 18503
APR 0 9 2018 OFFICE OF CITY COUNCIL/CITY CLERK
Dear Honorable Council Members: ATTACHED IS AN ORDINANCE AMENDING FILE OF THE COUNCIL NO. 64, 2014, AN ORDINANCE (AS AMENDED) ENTITLED "AN ORDINANCE ADOPTING THE QUALITY OF LIFE AND VIOLATIONS TICKFT PROCESS IN THE CITY OF SCRANTON" BE AMENDED TO INCLUDE A NEW DEFINITION IN SECTION 2. DEFINITIONS, NEW VIOLATIONS IN SECTION 3. QUALITY OF LIFE VIOLATIONS AND NEW FINES AND PENALTIES IN SECTION 9. FINES AND PENALTIES. Respectfully, L. Eskra, Esquire olicitor JLE/sl
