[HISTORY: Adopted by the Borough Council
of the Borough of Freedom 4-13-1994 by Ord. No. 492. Amendments noted where
applicable.]
This chapter shall be known and cited as the
"Freedom Property Maintenance Code."
The administration and enforcement of this chapter
shall be the duty of the Code Enforcement Officer, who is hereby authorized
to take such action as may be reasonably necessary to enforce the
purposes of this code. The Code Enforcement Officer shall be appointed
by the Council of the Borough of Freedom. Such persons may be appointed
and authorized as assistants or agents of such Code Enforcement Officer
as may be necessary to carry out the provisions of this code.
The provisions of this Code shall apply to and
establish minimum standards governing the conditions and maintenance
of dwellings; establish minimum standards governing supplied utilities
and facilities and other physical conditions essential to make dwellings
safe, sanitary and fit for human habitation; establish minimum standards
governing the condition of dwellings offered for rent; fix certain
responsibilities and duties of owners and occupants of dwellings;
authorize the inspection of dwellings and the condemnation of dwellings
unfit for human habitation.
A.
Adoption of standards by reference; amendments.
[Amended 8-13-2008 by Ord. No. 560[1]]
(1)
That a certain document, three copies of which are on file in the office of the Secretary of the Borough of Freedom, being marked and designated as the International Property Maintenance Code, 2006 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Freedom 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 Freedom are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (2) of this section.
(2)
Amendments.
The following sections are hereby revised:
(a)
In Section 101.1, insert "Borough of Freedom."
(b)
Section 103.5 shall read as follows:
|
103.5. Fees. The Borough shall set its fee schedule
by a corresponding resolution if the relevant fees are not set forth
in Ord. No. 558.
|
(c)
In Section 304.14, insert "January to December (year-round)."
(d)
In Section 602.3, insert "January to December (year-round)."
(e)
In Section 602.4, insert "January to December (year-round)."
B.
In the case of discretionary actions and determinations
of the Code Enforcement Officer, the relevant facts shall be considered
and determinations made in the exercise of reasonable discretion,
and all such determinations shall be final in the absence of abuse
of discretion; provided, however, that appeals therefrom may be taken
in accordance with the procedures set forth in this chapter.
A.
Any person who shall violate any of the provisions
of the code hereby adopted or fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or who shall
build in violation of any detailed statement of specifications or
plans submitted and approved thereunder, or any certificate or permit
issued thereunder, and from which no appeal has been taken, or who
shall fail to comply with such an order as affirmed or modified by
the Code Enforcement Officer or by a court of competent jurisdiction,
within the time fixed herein, shall severally for each and every such
violation and noncompliance, respectively, be punishable by a fine
not to exceed one thousand dollars ($1,000.) and the costs of prosecution
and, in default of payment of the fine and costs, to imprisonment
not to exceed thirty (30) days. The imposition of one (1) penalty
for any violation shall not excuse the violation or permit it to continue;
and all such persons shall be required to correct or remedy such violations
or defects within a reasonable time; and when not otherwise specified,
each day that prohibited conditions are maintained shall constitute
a separate offense.
B.
The application of the above penalty provisions shall
not be held to prevent the enforced removal of prohibited conditions.
Whenever the Code Enforcement Officer shall
deny an application or refuse to grant a permit or when it is claimed
that the provisions of the code do not apply or that the true intent
and meaning of the code have been misconstrued or misinterpreted,
the applicant may appeal from the decision of the Code Enforcement
Officer to the Freedom Code Review and Appeal Board within thirty
(30) days from the date of the decision. The appointment of the membership
of said Freedom Code Review and Appeal Board, its power and procedures
and appeals for its decisions shall be governed by the provisions
from appeals set forth in the Freedom Building Code.[1]
