Borough of Kutztown, PA Property Maintenance

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Editor's Note: This ordinance also repealed former Ch. 136, Property Maintenance, adopted 6-19-2007 by Ord. No. 11-2007.

In IPMC § 101.1, insert "Borough of Kutztown."

Amend IPMC § 101.2 to add the following:

Exception: The provisions of this Code shall not apply to the interior of any owner-occupied one-family dwelling unit.

In IPMC § 102.3 amend "International Zoning Code" to read "Chapter 225 of the Code of the Borough of Kutztown."

Delete IPMC § 103.5 in its entirety.

Delete IPMC § 106.4 in its entirety and restate as follows:

	§ 106.4 Violations and penalties.
	A.	Any person who violates or fails to comply with any of the provisions of this chapter or any order, notice, rule or regulation issued or made in connection herewith and served in accordance with Section 107 shall, upon conviction thereof, pay a fine of not less than $50 nor more than $1,000 and, in default of the payment of same thereof, shall undergo imprisonment in the Berks County Prison for a period not exceeding 30 days.
	B.	Every violation of this chapter shall constitute a separate offense, and each day such violation exists shall constitute a separate offense.

Delete IPMC § 107.2(1) and restate as follows: "Be in writing to the property owner and occupants, if applicable."

Delete IPMC § 107.3(2) and restate as follows: "Sent by certified U.S. mail addressed to the last known address; or"

Delete IPMC § 111.1 and restate as follows:

Any person affected by notice of violation, determination or order issued by the Building Code Official or his/her designee or affected by any rule or regulation adopted pursuant to this Chapter 136 may appeal upon notice, determination, order, rule or regulation to the Borough of Kutztown Appeals Board in compliance with the requirements of Chapter 12 of the Code of the Borough of Kutztown.

In IPMC § 112.4 insert monetary sums of "$50" and "$1,000," respectively, in final line of section.

In IPMC § 302.3 add a new subsection as follows:

§ 302.3.1 All parking areas shall be cleared of snow and/or ice when the depth of same is six inches or more in depth to the extent necessary to provide the required off-street parking available during non-snow and/or ice conditions within 48 hours after accumulation of the afore-noted snow and/or ice.

In IPMC § 304.3, delete and restate the first sentence as follows: "Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street, road or alley to the front and to the rear of the property."

In IPMC § 304.14, insert "May 1 to October 15."

Amend IPMC § 305.3 by adding the following: "All kitchen, bathroom and toilet room floors shall have a smooth, hard, nonabsorbent and easily cleanable surface."

In IPMC § 308.1, add a second sentence as follows: "The exterior property and premises shall be free from the storage of any automotive parts, equipment or accessories, including specifically tires, batteries and/or any other item that is determined to pose a hazard to the public health, safety and welfare."

In IPMC Section 308, add new subsections as follows:

	308.2.3 Tires and mechanical parts and equipment. Any items intended for the construction and/or repair of automobiles, lawn equipment and other similar machinery shall be stored in a fully enclosed building.
	308.4 Prohibited furniture. Interior-type furniture which would be adversely affected by the elements and susceptible to infestation by insects, rats or other vermin is prohibited from being placed or stored on the exterior of any property. Such prohibited furniture shall include, but not limited to, upholstered couches, chairs, davenports, beds, divans and/or other fabric-covered article not designed or intended for use on the exterior of the property. Damaged or deteriorated furniture or motor vehicle seats, including interior and exterior furniture or any portion of a motor vehicle designed to accommodate seating for a driver, passenger or both, which presents a hazard to the public by virtue of its state or condition of disrepair. The following conditions are examples of a state or condition of disrepair:
	(a)	Rusted and/or jagged metal or exposed springs on or projecting from an above-described item(s);
	(b)	Broken or missing legs, arms or other structural or supporting components which would make the above-described item(s) unstable or unsafe.

In IPMC § 403.2, add the following: "Any bathroom and/or toilet room which is renovated or installed after the date of this chapter shall be equipped with a mechanical ventilation system vented to the exterior of the building."

Restate IPMC § 404.4.1 as follows:

Every living room shall contain at least 120 square feet (11.2 square meters) and every bedroom shall contain at least 70 square feet (6.5 square meters) for the first occupant and an additional 50 square feet (4.6 square meters) for each additional occupant.

In IPMC § 404.4.3, add the following:

Exception: One-family dwelling units.

In IPMC § 404.5, add the following: "Dwelling units shall not be occupied by more persons than as stated on the housing license."

Delete IPMC § 404.6.1 and restate as follows:

Efficiency apartments may be occupied by no more than two persons, and shall have a minimum floor space of 250 square feet for the initial person and 100 additional square feet for a second person.

Delete IPMC § 404.6.4 in its entirety.

Delete IPMC § 502.2 and restate as follows:

Boarding and rooming houses. Every boarding and/or rooming house shall have at least one water closet, one lavatory, and one bathtub and/or shower which shall be provided for each five persons who reside therein.

In IPMC § 602.3, insert "October 1 to April 30."

In IPMC § 602.4, insert "October 1 to April 30."

In IPMC Section 604 add a new subsection as follows:

604.4. The electrical means of disconnect and overload devices for all occupied buildings and dwelling units shall be accessible to the occupants of such buildings and dwelling units at all times.

Delete IPMC § 605.2 and restate as follows:

Receptacles. Every habitable space in a dwelling unit shall contain a minimum of three separate and remote duplex receptacles outlets. Every laundry area shall contain at least one grounded-type receptacle or ground-fault circuit interrupter receptacle. Every bathroom and/or toilet room shall contain at least one ground-fault circuit interrupter receptacle; if more than one receptacle is provided, all shall be ground-fault circuit interrupter protected. All kitchen receptacles which serve counter tops shall be ground-fault circuit interrupter protected. All nonresidential spaces shall contain ground-fault circuit interrupter in compliance with § 210.8(B) of the National Electrical Code.

AA.

In IPMC Section 605, add a new subsection as follows:

605.4. Every hallway within a residential building shall be equipped with one grounded-type or ground-fault circuit interrupter receptacle.

BB.

In IPMC Section 704, add new subsections as follows:

	704.5. Maintenance. The occupant(s) of each dwelling unit shall notify the property owner and/or agent in the event a smoke detector needs to be repaired and/or replaced. The owner of each dwelling unit shall provide new batteries for smoke detectors at least annually. It shall be the responsibility of the occupant to insure that the batteries are not removed for any reason. Any one tampering or interfering with the operation or effectiveness of a smoke detector shall be considered to be in violation of this Code and shall be subject to the penalties as set forth in Section 106.4 of this Code.
	704.6. Fire extinguishers.
	704.6.1 Fire extinguishers shall be provided and maintained as required by Section 906.2 of the International Fire Code and Chapter 10 of the National Fire Codes.
	704.6.2 Every dwelling unit shall be provided with a minimum of one 2-A, 10-B.C. fire extinguisher and shall be inspected yearly as required by Section 704.6.1 of this Code.