Borough of East Greenville, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of East Greenville 10-4-2010 by Ord. No. 2010-06.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 35.
Nuisances — See Ch. 56.
[1]:
Editor's Note: This ordinance also repealed former Ch. 73, Property Maintenance, adopted 3-5-2007 by Ord. No. 2007-3.

§ 73-1 Adoption of International Property Maintenance Code.

A certain document, three copies of which are on file in the office of the Secretary of the Borough of East Greenville, being marked and designated as the "International Code Council International Property Maintenance Code," 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of East Greenville, in the Commonwealth of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use, and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of East Greenville are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 73-3 of this article.

§ 73-2 Inconsistent ordinances repealed.

Ordinance No. 2007-03 of the Borough of East Greenville, entitled "Property Maintenance," and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

§ 73-3 Additions, insertions and changes.

The International Code Council International Property Maintenance Code, 2009 edition, is amended and revised in the following respects:
A. 
Section 101.1 is hereby amended by inserting "East Greenville Borough."
B. 
Section 103.5 is hereby deleted in its entirety and is replaced as follows:
103.5 The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as from time to time approved by Borough Council resolution.
C. 
Section 102.9 is hereby amended to read as follows:
102.9 Transfer of ownership. No person shall occupy or use a building or structure, the ownership of which is hereafter transferred, absent a certificate of occupancy, certifying that the property conveyed complies with all provisions of this code. Upon written application of the owner of an existing building or structure, the Code Official shall issue a certificate of occupancy, provided there are no violations of the code or orders of the Code Official pending, and further provided that the fee accompanies such application imposed by the Borough for its inspection of the premises.
D. 
Section 106.3 is hereby amended to read as follows:
106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a summary offense or civil infraction as determined by the Borough, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien.
E. 
Section 106.4 is hereby amended to read as follows:
106.4 Violation penalties. 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, at the discretion of the court.
F. 
Sections 111.1 through 111.8, inclusive, are hereby deleted in their entirety, and in place thereof, the following is hereby added:
111.1 Appeals. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this code or of any rule or regulation adopted pursuant thereto shall have the right to request and shall be granted a hearing on the matter before the East Greenville Borough Council, provided that such person shall file with the Borough Secretary a written petition requesting such hearing and containing a statement of the grounds therefor within 10 days after the day the notice is served.
G. 
Section 112.4 is hereby amended by inserting "not less than $100 nor more than $1,000."
H. 
Section 302.3 is amended to read as follows:
302.3 Public areas. All sidewalks, steps, driveways, parking spaces, and similar paved areas for public use shall be maintained free of all mud, overhanging trees and shrubs that obstruct walkways and other debris. All sidewalks, curbs, and similar paved areas and walkways for public use shall be maintained free of obstruction from all vehicles, including, but not limited to, conventional motor vehicles, commercial motor vehicles and trucks, trailers, motorcycles, and recreational vehicles. Whenever the Code Official determines that a walkway obstruction, as set forth herein, exists, he shall serve, in the fashion and upon the persons set forth in Section 107.3, hereof, a notice of such violation in the form established by Section 107 hereof, with 72 hours from the time of such service being, in all instances, the period of time within which the violation must be corrected.
[Amended 10-22-2013 by Ord. No. 2013-04]
In addition to those legal remedies vested in the Borough by Sections 106 hereof for failure of any person to comply with a violation order, the Borough may, through its Code Official, cause the trimming of overhanging trees and shrubs and/or the removal of such mud or debris which is obstructing a walkway within the Borough and collect the expenses thereof, with any additional amount allowed by law, from the owner of the property upon which such violation exists, such collection to be by means of an action at law for quantum meruit as established by the Pennsylvania Rules of Civil Procedure or by way of the recordation of a municipal lien against the subject property as such liens are provided for by act of Assembly.
All such areas as are above set forth shall be kept in a property state of repair, sidewalks in accordance with the provisions contained in Chapter 83 of the Code of the Borough of East Greenville and steps in accordance with the provisions of the Building Code dealing with exterior stairs. They shall also be maintained free from ice and snow in accordance with the requirements set forth in § 83-14 of the Code of the Borough of East Greenville.
I. 
Section 302.4 is hereby amended to read as follows:
302.4 Weeds. All premises and exterior property 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. Whenever the Code Official determines that a violation of this section exists, he shall serve, in the fashion and upon the persons set forth in Section 107 hereof, a notice of such violation in the form established by Section 107 hereof, with 72 hours from the time of such service being, in all instances, the period of time within which the violation must be corrected.
In addition to those legal remedies vested in the Borough by Sections 106 hereof for failure of any person to comply with a violation order, the Borough may, through its Code Official, cause the trimming of overhanging trees and shrubs and/or the removal of such mud or debris which is obstructing a walkway within the Borough and collect the expenses thereof, with any additional amount allowed by law, from the owner of the property upon which such violation exists, such collection to be by means of an action at law for quantum meruit as established by the Pennsylvania Rules of Civil Procedure or by way of the recordation of a municipal lien against the subject property as such liens are provided for by act of Assembly.
J. 
Section 304.14 is hereby amended to read as follows:
304.14 Insect screens. During the period from October 1 to May 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, and food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved, tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
K. 
Section 304.18.1 is hereby amended to read as follows:
304.18.1 Doors.Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall tightly secure the door. Such lock shall be installed according to the manufacturer's specifications and maintained in good working order.
L. 
Section 602.3 is hereby amended by inserting "October 1 to May 1."
M. 
Section 602.4 is hereby amended by inserting "October 1 to May 1."
N. 
Sections 704.2, 704.3 and 704.4 are amended to read as follows:
704.2 Smoke alarms. Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load, at all of the following locations:
1.
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2.
In each room used for sleeping purposes.
3.
In each story within a dwelling unit, including basements and cellars, but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level. Single- or multiple-station alarms shall be installed in other groups in accordance with the International Fire Code.
704.3 Power source. In Group R occupancies and in dwellings not regulated as Group R occupancies, single-station smoke alarms shall receive their primary power from the building wiring, provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for over-current protection.
Exception: Smoke alarms are permitted to be solely battery operated in one- and two-family dwellings, in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.
704.4 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-4 and in dwellings not regulated as Group R occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
Exceptions:
1.
Group R-3 one- and two-family dwellings.
2.
Interconnection is not required in buildings which are not undergoing alterations, repairs or construction of any kind.
3.
Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes.