[Adopted 5-14-2013 by Ord. No. 13-04]
That certain document on file in the Borough of Bellevue, specifically
in the office of the Code Enforcement Officer, being marked and designated
as the 2012 International Property Maintenance Code, as published
by the International Code Council, Inc., is hereby adopted as the
Property Maintenance Code of the Borough of Bellevue for the maintenance
and use of all property, buildings and structures as herein provided,
effective October 7, 2012, and each and all of the regulations, provisions,
penalties, conditions and terms of said above-referenced code are
hereby referred to, adopted and made a part hereof as if fully set
out in this article, with the additions, insertions, deletions and
changes, if any, as prescribed in this article.
The following sections of the 2012 International Property Maintenance
Code are hereby amended from the text of said code (section numbers
refer to the corresponding sections of the 2012 International Property
Maintenance Code).
A.
Section 101.1 Title. The name "Borough of Bellevue"
is hereby inserted.
B.
Section 103.5 Fees. There shall be no specific fees
for activities and services performed by the office of Code Enforcement
in carrying out its responsibilities under this code except as set
forth in other ordinances or resolutions of the Borough of Bellevue
related to the inspection and review of facilities and structures.
C.
Section 106.4 Violation penalties. Any person who shall
violate a provision of this code or fail to comply therewith, or shall
fail to comply with any of the requirements thereof, shall be guilty
of a summary offense punishable by a fine of not more than $1,000
or by imprisonment not exceeding 30 days, or both such fine and imprisonment.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
D.
Section 111.2 Membership of Board. The Board of Appeals
shall consist of three members appointed by the Town Council of the
Borough of Bellevue by resolution as follows: one member to be appointed
for not more than three years, one for not more than two years, and
one for not more than one year. Thereafter, appointments are to be
made so that each new member will serve for three years or until a
successor has been appointed. The Town Council shall make appointments
such that the members' terms will expire on the first Monday
of January in the year their term expires.
E.
Add Section 111.2.1 Qualifications. Each member shall
be a licensed professional engineer, architect or a builder or superintendent
of building construction for at least seven years, three years of
which that board member shall have been in responsible charge of work.
F.
Renumber Section 111.2.1 to 111.2.2. Alternate member. The Town Council of the Borough of Bellevue may appoint one alternate
member who shall be called by the Board Chairperson to hear appeals
during the absences or disqualification of a member. An alternate
member shall possess the qualifications required for board membership
and shall be appointed for not more than three years, or until a successor
has been appointed.
G.
Renumber Sections 111.2.2 through 111.2.5 to Section 111.2.3
through 111.2.6.
H.
Section 302.3 Sidewalks and driveways - addition:
Section 302.3.1 - Snow and Ice Removal. All sidewalks
and similar public throughways for pedestrian use shall be maintained
free from accumulations of snow and ice. The owner, tenant or occupant
of any premises which abuts said public throughway shall be responsible
for removal within 24 hours of receipt of notice.
I.
Section 302.3 Sidewalks and driveways - addition:
"Section 302.3.2 Obstruction of sidewalks. It shall
be unlawful for any person (natural person, partnership, association,
firm or corporation) to occupy any portion of any street, parking
lots, alleys or sidewalk with any goods, food, wares or merchandise,
or with boxes or other containers thereof, or stands, tables or racks
for the display thereof except as permitted by Borough of Bellevue
Ordinance Nos. 02-08, 02-13 and 03-12.[1] This prohibition includes, but is not limited to, any
crate, keg, lumber, bricks or other articles on any sidewalk that
obstruct the free use of such sidewalk, except goods, food, wares
or merchandise may be placed on the sidewalk for the purpose of loading
and unloading, removing or storing any of same except as set forth
in other ordinances of the Borough of Bellevue relating to the use
of sidewalks.
J.
Section 302.4 Weeds. The phrase "six inches" is hereby
inserted.
K.
Section 302.10 Trees and Shrubs - addition:
Section 302.10 Trees and Shrubs. It shall be unlawful
for any person, firm, copartnership or corporation owning property
within the confines of the Borough of Bellevue to permit trees, shrubs
or other bushes upon his or its property or properties to overhang
public sidewalks and driveways within the Borough, unless said trees,
shrubs or other bushes be so trimmed by such property owner in such
manner as to permit no overhang on said sidewalks or driveways at
a height of less than nine feet above said sidewalks or driveways.
It shall further be unlawful for any person, firm, copartnership or
corporation to permit trees, shrubs or other bushes to encroach upon
said sidewalks or driveways from the sides thereof in such manner
as to cause less than a full width of said sidewalk or driveway to
be freely available for unrestricted public travel thereover and thereupon.
L.
Section 302.11 Repair of Sidewalk and Curbing - addition:
Section 302.11 Repair of Sidewalk and Curbing. It
shall further be unlawful for any person, firm, partnership or corporation
owning property or having the right to occupy and having custody of
property within the confines of the Borough of Bellevue to remove
tree(s) from the berm of any property without repairing sidewalk slabs
or curbing damaged by the growing tree or damaged as a result of its
removal. It shall also be unlawful to fail to remove the remaining
tree stump by grinding or other means. Sidewalks, curbs and berms
must be returned to acceptable Borough standards prior to vacating
the site.
M.
Section 304.14 Insect screens. "May 1 to October 1"
is hereby inserted.
N.
Section 308.2 Disposal of rubbish - addition:
Section 308.2.1 Location of Rubbish Storage Facilities. Such containers shall be stored or located at the rear of the structure.
Section 308.2.3 Relocation of Containers for Garbage Pickup. All garbage/rubbish containers and/or recycling bins shall not be
placed at the designated trash pickup location prior to 18 hours of
the designated pickup time and, subsequent to being emptied, shall
be removed from the designated pickup location within 12 hours.
O.
Section 403 Ventilation - addition:
Section 403.6 Carbon Monoxide Detectors Required. Carbon monoxide detectors shall be installed in all residential
structures where garages are located within the primary dwelling unit.
Detectors may be battery-operated and shall provide an alarm which
will be audible in all sleeping areas. All detectors shall be UL approved
and listed and shall be installed in accordance with manufacturer's
instructions.
P.
Section 602.3 Heat Supply. Insert the dates "September
1 to June 1."
Q.
Section 602.4 Occupiable work spaces. Insert the dates
"September 1 to June 1."
R.
Section 702 Means egress. Addition:
Section 702.1.1 Accumulation. Rubbish, garbage
or other materials shall not be stored or allowed to accumulate in
stairways, passageways, doors, windows, fire escapes or other means
of egress.
Section 702.1.2 Hazardous Material. Combustible,
flammable, explosive or other hazardous materials, such as paint,
volatile oils and cleaning fluids, or combustible rubbish, such as
wastepaper, boxes and rags, shall not be accumulated or stored unless
such storage complies with the applicable requirements of the International
Building Code and the International Fire Code.
Section 702.1.3 Prosecution. In the event after
notice as provided herein, the owner or occupant of the premises where
storage of the items referred to in Sections 702.1.1 and 702.1.2 is
prohibited, the code official shall cause the prohibited materials
to be removed through any available public agency or by contract arrangement
by private persons, and the cost thereof, including storage cost if
storage is necessary, shall be charged against the real estate upon
which the structure is located and shall be a lien upon such real
estate; and, further, the amount of such lien shall include court
costs and reasonable attorneys' fees.
S.
Boarding Standards. Addition:
Boarding Standards. The Boarding Standards set
forth in Appendix A of the 2012 International Property Maintenance
Code are hereby adopted and enacted as part of this article and are
made mandatory and numbered as A101 through A103.5.
Any ordinance or part of any ordinance conflicting with the
provisions of this article is hereby repealed, insofar as the same
affects this article, and specifically Ordinance Nos. 07-05 and 09-12
are hereby repealed.
[Adopted 5-14-2013 by Ord. No. 13-11]
The requirements of this article shall be applicable to every
commercial/industrial building in the Borough of Bellevue, and to
each owner of a commercial/industrial building which building, or
any part thereof, has been vacant for more than 30 consecutive days.
As used in this article the following words and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning:
Deserted or discarded for more than 180 days.
A room typically used for storage that is located in the
basement of a building and is not used for commercial, industrial
or residential purposes.
A building that is used, or partially used, for commercial
business activities. Commercial buildings include, but are not limited
to, stores, offices, schools, churches, gymnasiums, libraries, museums,
hospitals, clinics, warehouses and jails.
Any business that relates to the exchange of goods or services.
Cast aside as useless or undesirable.
The animal or vegetable waste resulting from the handling,
preparation, cooking and the consumption of food.
Any occupied floor of a building with direct access to grade
that is located less than one story above or less than one story below
grade, provided that no portion of a floor that constitutes a "cellar"
as defined in this article shall constitute a "ground floor."
Livable; with reference to this article a structure with
a hard roof and sides that is equipped with heat, electricity and
functional plumbing and is capable of being lived in without undue
risk to human health and safety.
Property or design for, or used by, companies or persons
for manufacturing, warehousing or assemblage of components.
Any business that relates to the production or manufacture
of goods.
Any building or structure where one or more persons actually
conducts a lawful business or resides in all or any part of the building
as the licensed business occupant, or as the legal or equitable owner/occupant(s)
or tenant(s) of a permanent, nontransient business, or any combination
of the same.
Any person: (i) having a legal or equitable interest in a
property; (ii) having a legal interest in a property recorded in the
official records of the state, county or municipality as holding title
to the property; or (iii) otherwise having control of the property,
including the guardian of the estate of any such person and the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
An individual, corporation, partnership, financial institution,
bank, credit union, savings and loan company, investment firm, government
agency, government authority, municipal corporation or any other group
acting as a unit.
Any portion of unimproved or improved real estate located
within the Borough of Bellevue, which includes the buildings or structures
located on it regardless of condition.
Any building, structure or property which, because of physical
condition, use or occupancy, is considered to be an attractive nuisance
to minors or uninvited persons.
Any building or structure which, because it is dilapidated,
unsanitary, unsafe, insect- or vermin-infested or lacking in the facilities
and equipment required by the ordinances of Bellevue Borough, has
been designated by the Borough as a public nuisance.
Any structure which is a fire hazard, a structural hazard, or
is otherwise dangerous to the safety of any persons or any property.
Any building or structure which lacks, or has rendered inoperable,
fire protection systems as required by the applicable codes and ordinances.
Any structure from which water, plumbing, heating, sewage or
other facilities have been disconnected, destroyed, removed or rendered
ineffective, so that the property creates a hazard to neighboring
properties.
Any building or structure which for reason of neglect or lack
of maintenance has become a place for the accumulation of refuse,
a haven for insects, rodents and other vermin.
Any building or structure which as a result of its dilapidated,
unsanitary, unsafe, insect or infested condition creates damage or
a risk of damage to a neighboring property.
Materials that are abandoned, discarded or destined for recycling.
The term includes rubbish, garbage, scrap metal, appliances, vehicles,
general trash, construction/demo debris, etc.
Combustible and noncombustible waste materials, except garbage.
The term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust, construction/demo
debris and other similar materials.
Any facade located on the ground floor of a commercial building
having one or more storefront windows.
Any window of any commercial building that permits an unobstructed
public view into the interior of the building from any immediately
adjacent street, sidewalk or right-of-way.
Constructed objects. For purposes of this article the term
includes, but is not limited to, buildings, sheds, garages, swimming
pools and recreational facilities.
A building or structure, or portion thereof, shall be deemed
to be vacant if no person or persons currently conducts a lawfully
licensed business there or lawfully resides in or lives in any part
of the building as the legal or equitable owner(s) or tenant occupant(s)
or owner-occupants or tenant(s) on a permanent nontransient basis.
A storefront shall be deemed vacant if no person or persons
currently conducts a lawfully licensed business there.
A property or structure, or portion thereof, that is unoccupied
for more than 60 days or has been the subject of: (i) a mortgage foreclosure
action or notice; (ii) a bankruptcy sale or notice; (iii) a delinquent
tax sale or notice; or (iv) a mortgage foreclosure action where the
title to the property has been retained by the beneficiary of a deed
or trust involved in the foreclosure or transferred under a deed in
lieu of foreclosure/sale.
An opening in a building that has a glass casement for permitting
natural light into a building.
A visual representation of information or graphics for viewing
by the public in a window.
A sign that is painted on, applied, attached to a window,
or that is located within the interior of a structure and that is
plainly visible and is erected, constructed or maintained for the
primary purpose of being viewed from the exterior of that structure.
A.
An owner shall register a vacant property with the Borough of Bellevue
Code Enforcement Officer on a form or forms provided by the Borough
and pay the appropriate registration fee.
B.
Registration shall contain: (i) the name of the owner(s) of the property;
(ii) the direct street/office mailing address of the owner(s) (no
post office box addresses are allowed); (iii) a direct contact name
and phone number for the owner(s); (iv) the local property management
company responsible for the security, maintenance and marketing of
the property; (v) the date of vacancy; and (vi) any other information
deemed necessary by the Borough of Bellevue Code Enforcement Officer.
C.
Registration fees shall not be prorated.
D.
Subsequent registration fees shall be due on the anniversary date
of the vacancy registration.
E.
Properties subject to registration under this article shall remain
under the registration fee requirement for as long as they remain
vacant.
A.
The registration fee shall be established by resolution of the Council
of the Borough of Bellevue. The fee structure is based on the number
of years the building, storefront, or portion thereof, has been vacant
under its current ownership. See attached schedule.[1]
[1]
Editor's Note: The fee schedule is on file in the Borough
office..
B.
Waiver of fees. A waiver may be granted for the current year if the
following conditions are met:
(1)
All local municipal fees are paid in full.
(2)
A good faith effort is shown to rent, sell or lease the space. Good
faith efforts include contracts with realtors, newspaper ads, window
signs, or other methods, provided that the effort is actually likely
to generate interest in the property and the owner is actually willing
to rent, sell or lease.
(3)
Pricing is consistent with other similar buildings.
(4)
The building is in compliance with all Borough of Bellevue codes
and ordinances and is habitable.
C.
Duty to amend registration statement. If the status of the registration
information changes during the course of any calendar year, it is
the responsibility of the new owner, his/her representative or agent
for the same to notify the Borough of Bellevue Code Enforcement Officer
in writing within 30 days of the occurrence of such change.
A.
An inspection must be completed within 30 days of the initial registration.
In addition, an annual inspection of a registered vacant building
shall be performed by the Borough of Bellevue Code Enforcement Officer
to determine if it complies with the minimum requirements, as determined
by the code official, or applicable property maintenance code, building
code and/or fire prevention code. If violations of these codes are
identified, the Borough of Bellevue Enforcement Officer shall issue
a notice of violation as per the requirements of those codes and give
notice to the owner to comply with the codes with a time limit to
cure. If the violations are not corrected within the time given, the
property may be declared a public nuisance. These annual inspections
must occur within 60 days of the anniversary date of the initial registration
date. Inspection costs will be determined by the Borough of Bellevue.
B.
Failure to appear for inspection. If the owner or his/her representative
cannot be available at the proposed time, said owner or representative
shall provide no less than twenty-four-hour written notice to the
Borough of Bellevue Code Enforcement Officer. Upon failure to give
such written notice, or upon failure to gain entry, an administrative
fee of $50 will be assessed against the owner or representative of
the owner. For each rescheduling beyond the second rescheduling, an
administrative fee of $100 shall be assessed in all cases. Failure
to pay administrative fees shall, at the discretion of the Borough
of Bellevue Code Enforcement Officer, constitute a violation of this
or the applicable code, including, but not limited to, the Borough
of Bellevue Property Maintenance Code. Failure of an owner or his/her
responsible agent to appear for a scheduled inspection shall be considered
probable cause for obtaining a search warrant to inspect the premises.
C.
Complaint inspections. Nothing in the article shall preclude the
Borough of Bellevue Code Enforcement Officer from performing an inspection
upon receipt of a complaint or violation of the ordinances of the
Borough of Bellevue existing at the building or structure. Said inspections
shall be in accord with the applicable codes and ordinances and regulations
and policies established by the Borough of Bellevue.
Properties subject to registration under this article shall
be kept free of weeds, high grass, dry brush, dead vegetation, trash,
garbage, junk, debris, rubbish, building materials, any accumulation
of newspapers, circulars, flyers, notices (except those required by
federal, state or local law), discarded personal items, including,
but not limited to, furniture, clothing, large and small appliances,
printed material, vehicle or vehicle parts, or any other items that
give the appearance that the property is abandoned; and:
A.
The property shall be maintained free of graffiti, tagging or similar
markings.
B.
Visible front and side yards shall be landscaped and maintained.
Landscaping includes, but is not limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark
or artificial turf/sod. Landscaping does not include weeds, gravel,
broken concrete, asphalt, plastic sheeting, indoor-outdoor carpet
or any similar material unless approved by the Borough.
C.
Pools and spas shall be kept in working order so the water remains
clear and free of larvae, pests,
pollutants and debris or drained and kept dry. In either case, a property
with a pool or spa must comply with the minimum security fencing requirements
of the Borough of Bellevue Property Maintenance Code.
D.
Adherence to this article does not relieve any property owner of
any obligations set forth in any other ordinance of the Borough of
Bellevue, including but not limited to the Borough of Bellevue Property
Maintenance Code.
E.
A property owner required to register a property under this article
is hereby given 30 days to comply with these maintenance requirements.
A.
Properties subject to registration under this article shall be maintained
in a secure manner so as not to be accessible to unauthorized persons,
vermin and other pests.
B.
"Secure manner" includes, but is not limited to, the closure and
locking of windows, doors (walk-through, sliding and garage), gates,
and any other opening of such size that it may allow an uninvited
person to access the interior of the property and/or structure(s).
In the case of broken windows, securing means the reglazing or boarding
of the window.
C.
If the property has been condemned, the property shall be posted
with the name and twenty-four-hour contact phone numbers of the owner
and local property management company. The posting shall be no less
than 8 1/2 inches by 11 inches and shall be of a font that is
legible, written in English, and shall contain, along with the name,
the Borough of Bellevue vacant properties registration number, a twenty-four-hour
contact number, and the words "THIS PROPERTY MANAGED BY" and "TO REPORT
PROBLEMS OR CONCERNS CALL. . .". The posting shall be placed on the
interior of the window facing the street to the front of the property
or, if no such area exists, on an area of sufficient size to support
the posting in a location that is visible to the front of the property
but not readily accessible to vandals. Exterior posting must be constructed
of, and printed with, weather-resistant materials.
The responsibility for compliance with this section is any person
owning, leasing, maintaining or otherwise in possession or control
of any vacant storefront located within the Borough of Bellevue or
any owner of the property upon which the vacant storefront is located.
A.
Maintenance. The vacant storefront of a commercial building located
in the Borough of Bellevue shall be maintained in good condition,
kept neat, clean, secure, free of graffiti, and lighted.
B.
Window display requirement. In order to improve the appearance of
vacant storefronts and improve overall security, any vacant storefront
that is located within the Borough of Bellevue shall, not more than
30 business days after the date on which the ground-floor premises
first becomes vacant, contain a window display or other form of decorative
screen in each of the storefront windows. A variety of window displays
are acceptable, provided they have a professional appearance, achieve
a desired coverage of 60% to 100%, and are not offensive to the general
public. The Code Enforcement Officer of the Borough of Bellevue shall
approve all window displays.
C.
Signage. Handwritten signs are not permitted. Professionally made
window signs and real estate signs are permitted, provided they meet
the requirements of the Bellevue Borough zoning ordinances. Not more
than three square feet of informational signage, such as real estate
signs or contact information, may be placed in a vacant ground-floor
window. Larger professional signs that function as the window display
are permitted.
Any person who violates or permits the violation of any provision
of this article shall, upon conviction in a summary proceeding, be
subject to a fine of $500 and costs of the prosecution for each offense,
or imprisonment not to exceed 30 days, or both fine and imprisonment.
