The Property Maintenance Code of Willistown Township previously
adopted, being the International Property Maintenance Code/2018, is
hereby amended to adopt the International Property Maintenance Code/2021,
which shall include Appendix A (Boarding Standard) found therein,
so that, from and after the effective date of this article, the Property
Maintenance Code of Willistown Township shall be the International
Property Maintenance Code/ 2021, together with the supplements and
amendments as hereinafter set forth in § 72- 4 of this chapter.
The International Property Maintenance Code/2021 is hereby further
supplemented and amended as follows:
A. Section
101.1 is supplemented by inserting "Willistown Township" as the name
of the jurisdiction.
B. Section
103.1 is supplemented by inserting "Willistown Township Building Department"
as the name of the department.
C. Section
104, concerning fees, is deleted in its entirety and in place thereof
it is hereby substituted with the following:
104 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as set forth in Chapter
78 of the Code of the Township of Willistown.
D. Section
108.1, concerning membership of board, shall be deleted in its entirety.
E. Section
109.4, concerning penalties, is deleted in its entirety and in place
thereof it is hereby substituted with the following
109.4 Violation penalties. Any person or persons,
partnership, firm or corporation who shall violate a provision of
this code, or fail to comply therewith, or with any of the requirements
thereof, shall, upon conviction thereof before any District Justice,
be subject to a fine not to exceed $ 1,000 or imprisonment for a term
not to exceed 30 days, or both, at the discretion of the court, plus
court costs and reasonable attorney fees incurred by the Township
in the enforcement proceedings. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
F. Section
107 is amended to add the following:
107.5 Procedure. In addition to the rules set forth
below, the Commonwealth of Pennsylvania's Local Agency Law, 2 Pa.C.S.A.
§ 551 et seq., shall also apply to proceedings before the
Board of Appeals. The Township intends these rules to supplement the
Local Agency Law and, in the event of any conflict between these rules
and the Local Agency Law, the Local Agency Law shall govern.
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107.5.A. The Board of Appeals shall be an appellate
body, as designated under the Township's ordinances adopting the IPMC,
and shall hear and rule on all appeals under the IPMC as adopted or
modified by the Township's Code of Ordinances. An application for
appeal shall be based on a claim that the true intent of the IPMC
has been incorrectly interpreted or the provisions of the IPMC do
not fully apply.
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107.5.B. The Board of Supervisors shall appoint
no less than three members of the Board of Appeals. The Board of Supervisors
may also appoint no more than two alternate members, who may be called
by the chairman of the Board of Appeals to hear appeals during the
absence or disqualification of a member.
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107.5.C. The Board of Appeals shall annually select
one of its members to serve as chairman. The Board of Supervisors
shall designate a qualified person to serve as secretary to the Board
of Appeals, who shall keep a detailed record of all proceedings at
the Township Building.
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107.5.D. A quorum of the Board of Appeals shall
be three members and all actions will require a majority of members
present.
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107.5.E. Members of the Board of Appeals may not
cast a vote or participate in a hearing in any appeal in which the
member has a personal, professional, or financial interest.
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107.5.F. Appeals to the Board of Appeals shall be
filed within 20 days of the date the decision, notice, or order being
appealed was served. The postmark date or the date of personal service
upon the Township shall establish the filing date of an appeal to
the Board of Appeals.
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107.5.G. The fee for an appeal to the Board of Appeals
shall be set by resolution of the Board of Supervisors.
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107.5.H. In deciding an appeal, the Board of Appeals
shall review documents and written briefs/ arguments and shall hold
a hearing within 30 days of the date of filing of an appeal, unless
the applicant agrees in writing to an extension of time. Notice of
the date, time and place of the hearing shall be given to the property
owner or the owner's agent and the building code official at least
10 days prior to the hearing.
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107.5.I. The Board of Appeals shall schedule meetings
and provide public notice of meetings in accordance with the Pennsylvania
Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
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107.5.J. The rules of evidence shall not apply to
hearings before the Board of Appeals, but only relevant information
may be submitted and considered at a hearing.
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107.5.K. The Board of Appeals may either grant the
request in whole or in part, deny the request in whole or in part,
or grant the request upon certain conditions being satisfied. The
Board of Appeals shall render a written decision within 20 days of
the close of the hearing and shall provide written notice of such
decision to the property owner or owner's representative and to the
building code official via electronic or first-class mail or by personal
service.
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G. Section
110.4, concerning failure to comply, is deleted in its entirety and
in place thereof it is hereby substituted with the following:
110.4 Failure to comply. Any person who shall continue
any work after having been served with a stop -work order, except
such work as that person is directed to perform to remove a violation
or unsafe condition, shall be deemed a violation under this code and
subject to penalties as set forth in Section 109.
H. Section
202 is supplemented by adding at the end thereof the following: "Whenever
'jurisdiction,' 'Township,' or 'local municipality' is referred to
herein, such term shall be deemed to mean the Township of Willistown,
Chester County, Pennsylvania; whenever the term 'appointing authority'
or 'chief appointing authority' is used herein, it shall be deemed
to mean the Board of Supervisors of the Township of Willistown; whenever
the term 'board of appeals' or 'board' is referred to herein, such
term shall be deemed to mean the Board of Appeals, created under Section
107 herein."
I. Section
302.4 is supplemented by inserting "10 inches (254 mm)" as the height
in inches for weeds and plant growth.
J. Section
304. 14 is supplemented by inserting therein the dates May 1 to November
30.
K. Section
602. 3 is supplemented by inserting therein the dates October 15 to
April 30.
L. Section
602. 4 is supplemented by inserting therein the dates October 15 to
April 30.