[HISTORY: Adopted by the Board of Supervisors of the Township of Hempfield 3-26-2012 by Ord. No. 2012-02. Amendments noted where applicable.]
Building code — See Ch. 40.
Solid waste — See Ch. 70.
Stormwater management and land disturbance activity — See Ch. 72.
Zoning — See Ch. 87.
Editor's Note: This ordinance also repealed former Ch. 63, Property Maintenance, adopted 6-9-1997 by Ord. No. 97-10, as amended.
A certain document, three copies of which are on file in the office of the Secretary of the Township of Hempfield, being marked and designated as the International Property Maintenance Code, 2009 edition, as from time to time amended, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Hempfield, Westmoreland County, Commonwealth of Pennsylvania, and shall be designated as Chapter 63 thereof for regulating and governing the conditions and maintenance of 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 therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Township of Hempfield 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 § 63-2 of this chapter.
The following sections are hereby revised as follows:
Section 101.1: Insert "Township of Hempfield."
Section 101.2: The term "all" in lines 1 and 2 shall be deleted.
Section 102.1: The word "all" in line 1 shall be deleted.
Section 102.3, Application of other codes, is hereby amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the Pennsylvania Construction Code Act, 35 P.S. § 72110.101 et seq. as it may from time to time be amended, the Uniform Construction Code Regulations promulgated by the Pennsylvania Department of Labor and Industry, 34 Pennsylvania Code, Section 401.1 et seq, as it may from time to time be amended and the Hempfield Township Uniform Construction Code Ordinance No. 790 as it may from time to time be amended.
Editor's Note: See Ch. 40, Building Code.
Section 103, Department of Property and Maintenance Inspection: Sections 103.1, 103.2 and 103.3 are hereby deleted.
Section 103.5, Fees, is hereby amended to read as follows: The fees for activities and service performed by the Township of Hempfield in carrying out its responsibilities under this code shall be indicated in a resolution adopted by the Township of Hempfield and as may be from time to time amended.
Section 104.1 is hereby amended to read as follows: The Code Official is hereby authorized and directed to enforce the provisions of this code. The Township shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures to be used by the Code Official to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating, accepted engineering methods involving public safety.
Section 106.3, Prosecution of violation, is hereby amended to read as follows:
|Violations and penalties. Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order or direction of the Code Office or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the Township of Hempfield of not more than $1,000, plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 30 days. Each day during which any violation of this article continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of or noncompliance with this article shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time.|
|In the enforcement of this chapter, the Code Official, at his sole discretion, may, prior to the institution of the aforesaid provisions for prosecution of violation, issue a nontraffic citation for violations of this article, which shall give notice to the person responsible for the violation the right to pay the Township of Hempfield in lieu of fines and costs the following, if the same is paid to the Township of Hempfield within five business days after the time of the issuance of the citation:|
|(1)||A fine of $50 for the first violation of this chapter;|
|(2)||A fine of $150 for the second violation of this chapter; and|
|(3)||A fine of $500 for a third violation of this chapter.|
|In the event the citation is not paid, then the Code Official or his designated representative shall proceed to bring an action at the Magisterial District Judge having jurisdiction within the Township of Hempfield.|
Section 111.1, Application for appeal, is hereby amended to replace 20 days with 30 days.
Section 111.2.5, Compensation of members, is hereby amended to read as follows: Members of the Board shall receive no compensation.
Section 111.7, Court review, is hereby amended to read as follows: Any person aggrieved by the decision of the board of appeals shall have the right of appeal to the Court of Common Pleas, Westmoreland County, Pennsylvania, pursuant to the Pennsylvania Local Agency Law 2 Pa. C.S.A. § 551 et seq.
Section 202, General Definitions. The following definitions are amended or added as follows:
|CODE OFFICIAL. The Code Officer of the Township of Hempfield or any duly authorized officer of the Township of Hempfield.|
|INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets including but not limited to being unlicensed, uninsured, uninspected, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.|
|WETLANDS. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are an ecosystem type, sometimes occurring between upland and deep-water areas, that performs many important functions, including fish and wildlife habitat, flood protection, erosion control and water quality maintenance.|
|WOODLANDS. Areas, groves or stands of trees covering an area of 1/4 acre or a grove of trees forming one canopy of such trees.|
Section 302.2, Grading and drainage, is hereby amended to read as follows: All premises shall be graded and maintained in accordance with Chapter 72 of the Code of the Township of Hempfield, entitled Stormwater Management and Land Disturbance Activity. The provisions of Chapter 72 of the Code of the Township of Hempfield, Stormwater Management and Land Disturbance Activity, are hereby incorporated herein by reference.
Section 302.3, Sidewalks and driveways, is hereby amended to add the following: Single-family dwellings are exempt from the provisions of this section; provided however, that if sidewalks are part of a residential plan of lots, then this section shall apply solely to sidewalks within said residential plan of lots.
Section 302.4, Weeds, is hereby amended to read as follows:
|All premises and exterior property located within 100 feet of an occupied or abandoned structure shall be maintained free from weeds or plant growth in excess of 10 inches in height. 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.|
|The following properties or portions thereof shall be exempt from the provisions set forth in Section 302.4:|
|(1)||Acreage devoted to agricultural operations.|
|(2)||Woodlands associated with wetlands, as each are defined herein.|
|Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. The amount due and owing, including costs and expenses, may be collected by the Township of Hempfield by either the filing of a municipal lien or by filing of a civil action for the collection of the amounts due and owing to the Township of Hempfield to reimburse the Township of Hempfield for its costs and expenses.|
Section 302.5, Rodent harborage, is hereby amended to read as follows: Rodent harborage and insect infestation. All structures and exterior property shall be kept free from rodent harborage and insect infestation. Where rodents or insects are found, they are to be promptly exterminated by approved processes, which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation by both rodents and insects.
Section 302.7, Accessory structures, is hereby amended to read as follows: All accessory buildings, including detached garages, fences, sheds, pools and walls, shall be maintained structurally sound and in good repair.
Section 302.8, Motor vehicles, is hereby amended to read as follows:
|Except as provided for in Chapter 87, Zoning, of the Code of the Township of Hempfield, no inoperable motor vehicle (as defined herein) shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.|
|Exception: A vehicle of any type owned by the owner or occupant of the premises is permitted to undergo major overhaul, including bodywork, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.|
Section 302, Exterior Property Areas, is hereby amended to add the following:
|Section 302.10||Mosquito breeding areas.|
|302.10.1||Areas declared. Mosquito breeding areas are herein declared as those collections of water in which mosquitoes breed or are likely to breed, including but not limited to ditches, ponds, excavations, barrels, cans, bottles, tubs, buckets, detached tires or other artificial containers.|
|304.10.2||Prohibited acts. It shall be unlawful, a public nuisance and a threat to public health for the owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant, including any person having ownership, occupancy or control of any premises within the municipality between April 1 and October 31 of each year to have, keep or maintain or cause, suffer or permit the accumulation or collection of any water in which mosquitoes breed or are likely to breed unless such collection of water is treated as hereinafter provided so as to effectively prevent such breeding. Water accumulations that relate to conservation or recreation projects in wetland accumulation or relate to stormwater management are excluded from this prohibition.|
|304.10.3||Treatment of breeding places. Collections of water in which mosquitoes breed or are likely to breed shall be treated by one or more of the following methods as approved by the Pennsylvania Department of Health, Pennsylvania Department of Environmental Resources or the Township of Hempfield:|
|A.||Screening which will effectively prevent the ingress or egress of mosquitoes.|
|B.||Complete emptying, drying and cleaning every seven days of unscreened containers.|
|C.||Using a larvacide approved and applied under the direction of the Pennsylvania Department of Health, the Pennsylvania Department of Environmental Resources or the Township of Hempfield.|
|D.||Filling or draining to the satisfaction of the Pennsylvania Department of Health, the Pennsylvania Department of Environmental Resources or the Township of Hempfield.|
|E.||Proper disposal, by removal, destruction or discarding at a properly licensed or authorized disposal site, of cans, boxes, bottles, detached tires and similar articles or containers likely to hold water.|
|F.||Enclosing or covering with sufficient material to prevent water from collecting within the container or article.|
|G.||Openings or holes in such container(s) and article(s) which are likely to hold water so as to permit proper drainage.|
|304.10.4||Coordination with state agencies. Where nuisances as specified in this chapter involve a noncompliance with state-enforced legislation or regulation, the municipality shall first refer this complaint to the appropriate state agency for abatement and/or correction. If the nuisance continues without adequate enforcement from the state agency to cause its abatement and/or correction, then the Township of Hempfield may initiate action under this chapter to bring about abatement and/or correction.|
Section 304, Exterior Structure, is hereby deleted and replaced with the following: Sections 304.2, 304.3, 304.8, 304.13, 304.14, 304.15, 304.16, 304.17 and 304.18 are hereby deleted.
Section 305.1, General, is hereby amended to read as follows: Every owner of any of the following structures shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property: (a) rooming house, (b) housekeeping units, (c) a hotel, (d) a dormitory, (e) any structure having more than two dwelling units and (f) all nonresidential occupancies.
Section 305.3, Interior surfaces, is hereby deleted.
Section 305.4, Stairs and walking surfaces, is renumbered to Section 305.3.
Section 305.5, Handrails and guards, is renumbered to Section 305.4.
Section 305.6, Interior doors, is renumbered to Section 305.5.
Section 307, Handrails and Guardrails, is hereby deleted.
Section 308.2.1, Rubbish storage facilities, is hereby amended to read as follows: The owner of every occupied premises with three or fewer dwelling units shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
Section 308.3, Disposal of garbage, is hereby amended to read as follows: Every occupant of a structure shall dispose of garbage or municipal waste in accordance with Chapter 70 of the Code of the Township of Hempfield, Solid Waste.
Section 308.3.1, Garbage facilities, is hereby amended to read as follows: All owners or occupants of any premises shall dispose of garbage or solid waste in an approved leak-proof, covered, outside garbage container. All owners or occupants of any premises shall comply with § 70-6 of the Code of the Township of Hempfield.
Section 308.3.2, Containers, is hereby amended to substitute the term "owner" for "operator."
Section 309, Extermination, is deleted.
Chapter 4, Light, Ventilation and Occupancy Limitations, is hereby deleted.
Chapter 5, Plumbing Facilities and Fixture Requirements, is hereby amended to the extent that the regulations established hereunder shall only apply to rental units, rooming houses, hotels and duplex or multiple-family dwellings and nonresidential structures.
Chapter 6, Mechanical and Electrical Requirements, is hereby amended to the extent that the regulations established hereunder shall only apply to rental units, rooming houses, hotels and duplex or multiple-family dwellings and nonresidential structures.
Chapter 7, Fire Safety Requirements, is hereby amended to the extent that regulations established hereunder shall only apply to rental units, rooming houses, hotels and duplex or multiple-family dwellings and nonresidential structures.
Section 602.3, Heat supply, is hereby amended to add the following dates: October 1 through April 30.
The provisions of this chapter shall not apply to any property owner whose property is located within an Agricultural Security Area as defined by the Agricultural Area Security Law, 1981, June 30, P.L. 128, No. 43, as amended. It is the specific intent of this section to prohibit the Township from declaring a nuisance with respect to any agricultural activity or operation conducted using normal farming operations within an Agricultural Security Area.