Cleona Borough Council discuss 'rubbish' issues and zoning concerns in the community

Two discussions at the Cleona Borough Council meeting showed how complicated code enforcement and zoning enforcement issues can be.

David Kerkeslager, a West Chestnut Street resident, told council he received certified mail from the borough telling him he was at fault for having rubbish in his yard but the letter did not specify what items were considered to be rubbish. Kerkeslager had corrugated roof metal and siding stacked that he was holding to use on a shed he was planning to build, and two sections of scaffolding.

Various pieces of wood he intends to use as firewood in the winter were also stacked on a pallet, which he plans to place in the shed when it is built. Kerkeslager told council he has requested a building permit for the shed.

Kerkeslager argued that all the items he had stored in his yard has monetary value, and is not rubbish.

Mayor Larry Minnich, who is on the borough's International Property Maintenance Code (IPMC) committee, said the code enforcement officer uses the definition of rubbish as written in the IPMC. The list of materials in the definition of "rubbish" in the code includes "wood" and "metals."

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The rear yard of the Chestnut Street property, visible from the rear alley, had one neat stack of wood, a few pieces of corrugated metal leaning against the wall of a building, a vegetable garden, and a lawn area. Another part of the rear yard was enclosed by a fence and not visible.

Mayor Larry Minnich told Kerkeslager that the letter he received was a notice of violation, which gave him a reasonable period of time to correct the offense that was noted, without consequence. He said 25 to 50 letters have been sent out recently with similar violations, which are on the committee's active list.

Council president James O'Connor said the borough uses the IPMC to identify potential issues before they become larger issues. Minnich said property issues have been noticeably reduced since the council adopted the IPMC.

Kerkeslager's daughter told council her father is a builder and stores some items in his yard he will use for that purpose. She said the code enforcement officer drove down the alley behind homes along Chestnut Street and sent violation notices to several people on the street, including a person who works as landscaper and has landscaping materials on his property.

Kerkeslager asked the mayor to come to his property to inform him what items he would define as rubbish. The mayor said he would schedule a visit this week.

The council also discussed Bonalle's Auto Sales, located at the corner of East Penn Avenue and North Elizabeth Street, using an adjoining property to display recreational trailers. Minnich explained that Bonalle's purchased a residential property located at 509 East Penn Avenue, to the east of its business, then demolished the small house, and now has recreational trailers stored on the lot.

Minnich said he contacted the county planning department, that serves as zoning officer for the borough, and he was told if a business expands onto an adjoining lot, that is not zoned "commercial," the business may use 50 percent of the adjoining lot for commercial use. He was also told by the attorney for Bonalle Auto Sales that the recreational trailers are permitted on the adjoining lot because each of them is registered in the name of an individual, rather than a business.

Borough solicitor Colleen Gallo expressed doubt about the planning department's interpretation of the zoning ordinance and said she would contact it to discuss the matter. She will also research the attorney's claim.

The Cleona Police Department recently investigated the illegal entry into multiple parked vehicles, according to Minnich. In every case, officers found that the vehicles were unlocked. Residents can reduce the chance of items being stolen from their vehicles simply by making sure their vehicles are locked.

Councilman Patrick Haley reported that the Annville - Cleona Recreation Committee received donations of $4,800 from individuals and local businesses to be used for summer recreational programs, including the summer movie nights at the Cleona Park and Playground, starting with the June 17 showing of "Agent Toby Barks", sponsored by Central Medical Ambulance Service. It will start at about 9:00 p.m.

Haley also reported there are three vacancies on the committee and it is looking for a Cleona resident to fill one of the vacant seats. Interested residents should contact the borough office at 717-274-2510.

Annville Cleona Fire Company's president, Andrew Raudensky, commended Adam Wimmer, for completing his "Essentials of Firefighting" training.

This article originally appeared on Lebanon Daily News: Cleona Borough Council discuss 'rubbish' issues in the community