Borough of Boyertown, PA Chapter 144 Property Maintenance

[HISTORY: Adopted by the Borough Council of the Borough of Boyertown 6-5-2023 by Ord. No. 02-2023.[1]Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 144, Property Maintenance, adopted 7-7-2003 by Ord. No. 03-03, as amended 5-3-2004 by Ord. No. 02-04.

§ 144-1 Adoption of standards.

The Borough of Boyertown hereby adopts, for the purpose of establishing rules and regulations for the maintenance of all structures, including administration, enforcement and penalties, the property maintenance code known as the" 2018 International Property Maintenance Code," as published by the International Code Council, Inc., save and except such portions as are deleted, modified or amended by ordinance, incorporated as fully as if set out at length herein, as the Property Maintenance Code of the Borough of Boyertown. Three copies of the 2018 International Property Maintenance Code have been and are now filed in the office of the Borough Secretary. From the date on which this chapter shall take effect, the provisions thereof shall be controlling in the maintenance of all structures, and in all other subjects therein contained, within the corporate limits of the Borough.

§ 144-2 Additions, insertions and changes.

The following sections are hereby revised:

A. Section 101.1, Title, shall be amended to read as follows:

PM 101.1 Title. These regulations shall be known as the "Property Maintenance Code of the Borough of Boyertown," hereinafter referred to as "this code."

B. Section 106.3, Prosecution of violation, shall be amended to read as follows:

PM 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 and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official or any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction is to enter upon the property in violation and abate violations such as securing a structure, mowing the grass, cutting the weeds and removing trash and debris, for all other violations the code official or jurisdiction may 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 including any professional fees, including but not limited to engineering fees, attorneys fees or other professional fees, incurred by the Borough, and shall be a lien upon such real estate and/or against the person charged with the violation as restitution in connection with prosecution of the violation.

C. Section 106.4, Violation penalties, shall be amended as follows:

PM 106.4. Violation penalties. Any person who shall violate a provision of this Code or fail to comply therewith or with any requirements thereof, shall be, upon conviction, sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and cost, to a term of imprisonment not to exceed 30 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

D. Section 106.5, Abatement of violation, shall be amended as follows:

PM 106.5, Abatement of violation. In addition to the penalties herein prescribed, the Borough Council is also authorized to institute proceedings in the Court of Common Pleas of Berks County to seek other legal relief under the Borough Code or equitable relief as may be deemed necessary to protect and safeguard the interests of the Borough and its citizens, including but not limited to correct or abate a violation or prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct, business or utilization of a building, structure or premises.

E. Section 107.3, Method of Service, is amended to read as follow:

PM 107.3. Method of Service.
1.	Delivered personally be hand delivery or
2.	Sent by certified or first-class mail addressed to the last known address and/or posted at a conspicuous place on the property.

F. Section 110.1, General, shall be amended to add the following to the end:

Demolition shall be in accordance with the Pennsylvania Uniform Construction Code as adopted by the Borough.

G. Section 111.2, Membership of the Board, is amended to read as follows:

PM 111.2. Membership of Board. The Board of Appeals shall consist of the "House Committee of the Borough of Boyertown"

H. Section 111.2.1, Alternate Members, is repealed.

I. Section 111.2.2, Chairman, is repealed.

J. Section 111.2.4, Secretary, is repealed.

K. Section 111.2.5, Compensation of Members, is repealed.

L. Section 111.5, Postponed Hearing, is repealed.

M. Section 111.6, Board Decision, is amended to read:

PM 111.6. Board Decision. The Board shall modify or reverse the decision of the Code Official by a majority vote of the members present.

N. Section 112, Stop Work Order shall be deleted in its entirety and amended to read as follows:

Stop-work orders shall be governed by the Pennsylvania Uniform Construction Code as adopted by the Borough.

O. Section 302.4, Weeds, shall be deleted.

P. Section 304.14, Insect screens, is hereby amended to read as follows:

PM 304.14 Insect screens. During the period from April 1 to December 1, every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, 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 swinging door shall have a self-closing device in good working condition.

Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellant fans, are employed.

Q. Section 602.3, Heat supply, is hereby amended to read as follows:

PM 602.3 Heat supply. Every owner and operator ·of any building who rents, leases or lets one or more dwelling units, rooming units, dormitories or guestrooms on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 15 to maintain a temperature of not less than 65° F. (18° C.) in all habitable rooms, bathrooms, and toilet rooms.

Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.

R. Section 602.4, Occupiable work spaces, is hereby amended to read as follows:

PM 602.4 Occupiable works spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 15 to maintain a temperature of not less than 65° F. (18° C.) during the period the spaces are occupied.

Exceptions:
1.	Processing, storage, and operation areas that require cooling or special temperature conditions.
2.	Areas in which persons are primarily engaged in vigorous physical activities.

§ 144-3 State law and regulations.

In all matters that are regulated by the law of the Commonwealth of Pennsylvania or by regulations of departments or agencies of the commonwealth promulgated by authority of law, such laws or regulations, or other ordinances of the Borough, as the case may be, shall control where the requirements thereof are the same as or in excess of the provisions of this chapter. The code shall control in all cases where the state requirements, or the requirements of other ordinances of this Borough, are not as strict as those contained in this chapter.

§ 144-4 Related rights.

Nothing in this chapter or in the Property Maintenance Code hereby shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.

§ 144-5 Enforcement.

This chapter shall be enforced by the Borough Property Maintenance Code Official or Borough Code Enforcement Officer.