CHAPTER 1. ADMINISTRATION
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101.1 Title. These regulations shall be known as
the "Property Maintenance Code of the City of Oil City," hereinafter
referred to as "this code."
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103.5 Inspection fees. Code compliance inspections
conducted for the purpose of assessment of real estate for sale or
transfer, survey purposes or for informational purposes not requiring
the enforcement provisions of this code shall be charged an inspection
fee. The fee shall be at the rate of $50 per hour with a minimum charge
of 1/2 hour for all time expended in the actual inspection and shall
include all time expended by clerical support staff.
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106.4 Violation penalties. This section shall be
renamed "Violation Penalties and Reinspection Fees" and revised to
read in its entirety as follows:
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Any person, firm or corporation who shall violate any provision
of this code shall, upon conviction thereof in a summary proceeding
before a Magisterial District Judge, be sentenced to pay a fine of
not less than $300 nor more than $1,000, together with the costs of
prosecution and any fee or fees, or be imprisoned for a period not
to exceed 30 days, or both. Each day that a violation continues after
due notice has been served shall be deemed a separate offense.
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A fifty-dollar reinspection fee shall be assessed after due
notice has been served in accordance with the terms and provisions
of Section 107 and the violation, illegal action or unsafe condition
continues.
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108.2 Closing of vacant structures. This section
shall be revised to read in its entirety as follows:
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If the structure is vacant and unfit for human habitation and
occupancy, and is not in danger of structural collapse, the Code Official
is authorized to post a placard of condemnation on the premises and
order the structure closed up so as not to be an attractive nuisance.
Upon failure of the owner to close up the premises within the time
specified in the order, the Code Official shall cause the premises
to be closed through any available public agency or by contract or
arrangement by private persons, and the cost thereof shall be charged
against the real estate upon which the structure is located, and there
shall be a lien placed upon such real estate. The City may also proceed
for the recovery and collection of the claim by civil action against
the owner, as such remedy is provided by general law.
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110.3 Failure to comply. This section shall be
revised to read in its entirety as follows:
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If the owner of a premises fails to comply with a demolition
order within the time prescribed, the Code Official may cause the
structure to be razed and removed, either through an available public
agency or by contract or arrangement with private persons, and the
cost of such razing and removal shall be charged against the real
estate upon which the structure is located, and a lien shall be placed
upon such real estate. The City may also proceed for the recovery
and collection of the claim by civil action against the owner, as
such remedy is provided by general law.
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CHAPTER 3. GENERAL REQUIREMENTS
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(1) 304.1(A). Junk storage and anti-clutter. This
section shall be added to read as follows:
[Added 6-26-2014 by Ord.
No. 2831] |
1. Definitions.
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ENCLOSED PORCH, DECK, PATIO OR BALCONY —
A platform located at and attached to or abutting
against the entrance to a residential building, completely covered
by a roof and enclosed by fully intact glass and/or fully intact screens.
Screens are framed wire mesh or framed plastic mesh used to prevent
intrusion by insects, but permitting air flow.
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FRONT YARD —
That part of the property whereby the front of the
house or other residential building faces the public street and encompasses
that open space extending the full width of the lot, the depth of
which is the minimum horizontal distance between the front lot line
and nearest point of the main residential building.
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OPEN STORAGE —
Such storage or accumulation that is visible from
any public street, alley or sidewalk or from any adjacent property.
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OWNER —
Any individual, corporation, partnership or any
other groups as a unit having a legal or equitable interest in a property,
including the guardian or 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, provided that any ownership right created
by an installment sales agreement or land contract shall be recorded
with the Office of the Recorder of Deeds in and for Venango County.
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PERSON —
Any individual, partnership, association, corporation
or entity of any other kind, including any tenant or lessee of any
real property.
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YARD —
Any open unoccupied space, other than a courtyard,
unobstructed from the ground to the sky, on a lot upon which a residential
building is situated.
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2. Prohibited Acts. No person within or upon any
property designated for use as or used for residential purposes situated
within the municipal limits of the City of Oil City shall store, collect,
park, leave, deposit, maintain, reserve, put aside for future use,
permit or allow to remain on any porch, balcony, roof, patio, yard
or curtilage of any residential building or structure, other than
in a completely enclosed building or structure, any of the following:
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A. Junk, rubbish, clutter, litter, debris, disabled
automobiles, other motor vehicles or motorized equipment, implements
or machinery or any component parts or accessories thereof, household
appliances or any component parts or accessories thereof.
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B. Lumber or other building materials or equipment,
except for those materials or equipment related to projects for which
a current valid building permit has been issued. Building materials
shall include, but are not necessarily limited to, lumber, bricks,
concrete or cinder blocks, plumbing materials, electrical wiring or
equipment, heating ducts, shingles, mortar, concrete or cement, nails,
screws or any other materials or equipment generally used in construction.
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C. Upholstered furniture, mattresses, materials
and other similar products or second-hand items or goods not normally
intended, designed, built or manufactured for outdoor use unless such
is located entirely within an enclosed porch, balcony, deck or patio
attached to the primary residential building.
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3. Exclusions. The provisions of this section shall
not apply to the storage or placement upon any property of the following
materials:
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A. Firewood intended for consumption in a wood-burning
stove, furnace, or indoor fireplace or outdoor patio fireplace located
within or without a building located upon the subject premises, provided
that all such firewood shall, at all times, be stacked and stored
in an appropriate place, but in no event upon the front porch of any
house or other residential structure.
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B. Lawn, yard, garden or playground tools, ornaments,
equipment or implements.
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C. Lawn or patio furniture.
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D. Standing fences.
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E. Hoses or sprinklers used for watering lawns or
gardens.
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F. Materials used in connection with commercial
activities conducted upon the premises where such storage, placement
and accumulation of materials have been expressly authorized by the
City of Oil City.
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G. Construction materials and equipment used for
the construction, renovation or razing of a building located upon
the premises for which a current building or razing permit has been
issued.
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4. Enforcement.
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A. Enforcement and Inspection Officer. The enforcement
and inspection officer for purposes of this section shall be the duly
appointed Code Enforcement Officer of the City of Oil City. The Code
Enforcement Officer is hereby designated as the City official to whom
all complaints of noncompliance with the provisions of this section
shall be directed. The Code Enforcement Officer is authorized to conduct
any and all reasonable or necessary inspections whether such inspection
arises from (1) a citizen complaint filed with the City or (2) noncompliance
with the provisions of this section as observed by the officer during
the course of any general inspection undertaken of the neighborhood.
The Code Enforcement Officer further is authorized to issue, and cause
to be served or mailed, written notices to any residential property
owner whose property is deemed by the officer to violate the provisions
of this section. Any such written notice shall specifically identify
all violations arising under this section and the steps necessary
to bring the property into full compliance herewith. Such notices
shall provide the owner of any offending property with 15 days from
acceptance of service or certified receipt of any mailed notice to
bring his property into compliance with this section. Prior to the
issuance of any citation and prosecution for a violation of this section,
the Code Enforcement Officer shall conduct a second inspection to
determine if the offending property has been brought into full compliance
with the provisions of this section.
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B. Citizen Complaints. Any person may file a complaint
with the City's Code Enforcement Officer alleging that a violation
of this section has occurred or is occurring. The Code Enforcement
Officer shall promptly investigate all complaints. Following the conducting
of an inspection and upon determining that a violation of this section
has occurred, the Code Enforcement Officer shall issue a notice of
violation and compliance to the accused violator, and said notice
shall either be personally served by the officer or mailed to the
violator by certified mail, return receipt requested.
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C. Notice of Violation and Compliance. The written
notice prepared by the City's Code Enforcement Officer shall
contain the following information:
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1. The name of the titled owner and occupant or
tenant, if the occupant or tenant is different from the titled owner
to whom the notice shall be addressed.
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2. The address and location of the violating property.
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3. A statement setting forth all specific violations
of this section.
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4. A demand that corrective action be taken by the
property owner within 15 days following service or other receipt of
the written notice.
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5. A statement that failure to comply with the notice
shall (a) result in the issuance of a citation and, upon finding of
guilt, the imposition of a fine against the violating property owner
and (b) result in the City's remedy and removal of the violating
conditions on the subject property with the costs thereof, together
with a penalty, subject to collection by the City in an action in
assumpsit or the entry of said costs and penalty as a lien against
the offending property.
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6. Enclosure of a copy of this section.
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D. Continued Violation Following Violator's
Service or Receipt of Written Notice. If any reported violation of
this section continues after service upon or certified mail receipt
by the violating property owner and/or tenant of the violating property
of the written notice, the Code Enforcement Officer shall then promptly
refer the matter for citation issuance.
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5. Penalties.
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A. Any person, firm or corporation who shall violate
any provision of this code shall, upon conviction thereof in a summary
proceeding before a district magistrate, be subject to the penalties
set forth in Section 106.4.
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B. In addition to the penalties set forth in Subsection
A, if any owner fails or refuses to remedy the condition within 15
days following service or other receipt of the written notice, the
City, upon the Code Enforcement Officer's confirmation of default
by the owner, may cause the condition to be remedied or removed and
collect the cost thereof, together with a penalty of 10% of such cost,
from the owner by an action in assumpsit. The cost of removal and
the penalty may be entered as a lien against such property in accordance
with existing provisions of law. In the exercise of the powers herein
conferred, the City may institute proceedings in courts of equity.
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1. 304.7.1. Roof construction, repair and replacement;
temporary materials. This section shall be added to read as follows:
[Added 6-26-2014 by Ord.
No. 2831] |
Subject to the emergency measures permitted under Section 109,
no roofing or roofing components under construction, repair or replacement
shall be covered or sealed with or by any temporary materials for
a period exceeding 90 days. Temporary materials shall include tarpaulins,
shrink wrap, plastic sheeting or any other material incapable of supporting
all nominal loads and resisting all load effects for roof structures
or otherwise incapable of preventing weather penetration and deterioration.
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304.14 Insect screens. This section shall be revised
to read in its entirety as follows:
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During the period from April 1 to December 1, every door, window
and other outside opening utilized or required for ventilation purposes,
serving any structure containing 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, and every swinging door
shall have a self-closing device in good working condition.
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Exception. Screen doors shall not be required where other approved
means, such as air curtains or insect-repellent fans, are employed.
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CHAPTER 4. LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
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404.4 Bedroom and living room requirements. This
section shall be revised to read in its entirety as follows:
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Every bedroom shall comply with the requirements
of Sections 404.4.1 through 404.5.2.
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404.4.1 Area for sleeping purposes. This section
shall be revised to read in its entirety as follows:
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Every bedroom occupied by one person shall contain at least
70 square feet (6.5 m2) of floor area,
every living room shall contain at least 120 square feet (11.2 m2) of floor area, and every bedroom occupied by more
than one person shall contain at least 50 square feet (4.6 m2) of floor area for each occupant thereof.
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404.5 Overcrowding. This section shall be revised
to read in its entirety as follows:
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Dwelling units shall not be occupied by more occupants than
permitted by the minimum area requirements of Table 404.5.
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Table 404.5
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Minimum Area Requirements
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Minimum Area in Square Feet
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Space
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1 to 2 occupants
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3 to 5 occupants
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6 or more occupants
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Living rooma, b
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No requirements
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120
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150
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Dining rooma, b
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No requirements
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80
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100
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Bedrooms
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Shall comply with Section 404.4
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For SI: 1 square foot = 0.093 m2
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a.
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See Section 404.5.2 for combined living room/dining room spaces.
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b.
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See Section 404.5.1 for limitations on determining the minimum
occupancy area for sleeping purposes.
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404.5.1 Sleeping area. This section shall be revised
to read in its entirety as follows:
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The minimum occupancy area required by Table 404.5 shall not
be included as a sleeping area in determining the minimum occupancy
area for sleeping purposes. All sleeping areas shall comply with Section
404.4.
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404.5.2 Combined spaces. This section shall be
revised to read in its entirety as follows:
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Combined living room and dining room spaces shall comply with
the requirements of Table 404.5 if the total area is equal to that
required for separate rooms and if the space is located so as to function
as a combination living room/dining room.
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CHAPTER 6. MECHANICAL AND ELECTRICAL REQUIREMENTS
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602.3 Heat supply. This section shall be revised
to read in its entirety as follows:
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Every owner and operator of any building who rents or leases
or lets one or more dwelling unit, rooming unit, dormitory or guestroom
on terms, either expressed or implied, to furnish heat to the occupant
thereof, shall supply sufficient heat during the period from October
1 to May 15 to maintain the room temperature of not less than 65°
F. (18° C.) in all habitable rooms, bathrooms and toilet rooms.
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Exceptions:
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1.
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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.
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2.
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In areas where the average monthly temperature is above 30°
F. (-1° C.) a minimum temperature of 65° F. (18° C.) shall
be maintained.
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CHAPTER 8. REFERENCE STANDARDS
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This chapter shall be amended to delete the various code references
and include the following code references in their place:
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The provisions of Chapters 2 to 29 and 31 to 35 of the 2009
International Building Code
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The 2009 ICC Electrical Code
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The 2008 Edition of the NFPA National Electrical Code, including
Appendix Chapters A, B, C, D and E
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The 2009 International Mechanical Code
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The 2009 International Fuel Gas Code
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The 2009 International Fire Code
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Appendixes B, C, D, E
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The 2009 International Plumbing Code
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The 2009 International Performance Code for Buildings and Facilities
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The 2009 International Residential Code
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Sections AE501 to AE503 and AE601 to AE605 of Appendix E of
the 2009 International Residential Code
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The 2009 International Energy Conservation Code
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The 2009 International Existing Building Code
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The 2009 International Urban-Wildland Interface Code
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Appendix E of the 2009 International Building Code
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Appendix H of the 2009 International Building Code
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Appendix G of the 2009 International Residential Code
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