[Ord. 948, 8/5/2002; as amended by Ord. No. 1177, 6/18/2018[1]]
The International Property Maintenance Code, 2018 Edition, as the same may be amended through the effective date of this ordinance,[2] is hereby adopted as the property maintenance code in effect in the Borough of Emmaus.
[1]
Editor's Note: This ordinance repeals Ordinance 1025, dated March 19, 2007, but only to the extent that it adopts the 2006 Edition of the IPMC and all future amendments, revisions and updates thereto, and accordingly all other parts of Ordinance 1025, including any amendments thereto, shall remain in force and effect.
[2]
Editor's Note: "This ordinance" refers to Ord. No. 1177, adopted 6/18/2018.
[Ord. 948, 8/5/2002, as amended by Ord. 1160, 9/18/2017]
The following amendments shall be made and chapter shall be added to the code:
A.
IMPC Chapter 1, "Scope and Administration," is amended to read as follows:
[Amended by Ord. No. 1227, 5/2/2022]
(1)
PM-101.1 Title. These regulations shall be known as the International Property Maintenance Code of the Borough of Emmaus, hereinafter referred to as "this code."
(2)
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 shall 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 and shall be a lien upon such real estate.
(3)
PM-106.4 Violation Penalties. Any person or entity who shall violate a provision of this code shall, upon conviction, be guilty of a summary offense, which shall carry a criminal fine of not less than $100, nor 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.
(4)
PM-107.3 Method of Service. Such notice shall be deemed to be properly served if a copy thereof is sent by first-class mail addressed to the last known address and/or posted at a conspicuous place on the property.
B.
IMPC Chapters 3 to 7, "Requirements," are amended to read as follows:
[Amended by Ord. No. 1227, 5/2/2022]
(1)
PM-302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
(2)
PM-304.14 Insect Screens. During the period from April 1 to September 30, 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 minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(3)
PM-602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 1 to maintain a minimum temperature of 65° F. (18° C.) in all habitable rooms, bathrooms and toilet rooms.
(4)
PM-602.4 Occupiable workspaces. Indoor occupiable workspaces shall be supplied with heat during the period from October 1 to May 1 to maintain a minimum temperature of 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.
C.
Chapter 9, "Inspections and Certificates of Occupancy-Existing Structures."
PM-901. General. Prior to any change in ownership or tenancy of any dwelling unit or structure used for rent or lease as a single family attached, detached, semi-detached or multi-family residential dwelling unit or structure, or of any non-residential structure, including individual lease areas thereof, (collectively referred to hereinafter as the "premises"), the Borough of Emmaus shall inspect the premises for compliance with safety and fire hazard provisions of the applicable Borough building, plumbing, property maintenance and fire inspection codes, (hereafter referred to collectively as the "Borough Codes").
PM-901.1 The inspections required hereby shall be conducted after a request therefor has been submitted in writing, on forms provided, to the Borough of Emmaus Zoning Department.
PM-901.2 Inspections shall be conducted under the direction of the Borough of Emmaus Code Enforcement Officer, a representative of the Fire Department or those designated by Borough Council.
PM-901.3 The cost of conducting the inspection shall be paid in advance and shall be the sole responsibility of the current owner or landlord. The inspection charges shall be consistent with the fee schedule as set forth in the Fee Schedule of the Borough of Emmaus as amended from time to time.
PM-902. Points of Inspection.
PM-902.1 Single Family Residences. The following items, in addition to the provisions of the applicable Borough Codes, will be checked when inspecting an existing single family residential structure offered for rent or lease:
a.
Smoke detectors must exist on every floor level, including basement, one in each bedroom, and must be operational. Where required, detectors must be interconnected and battery backup, if constructed after 1993.
b.
Stair railings must exist on all stairways; this includes both sides if a stairway is an open stairway.
c.
Visible structural damage of any type on chimneys, windows or any other areas must be corrected.
d.
Proper firewalls must exist on attached units between the units, these one hour rated fire walls must extend from the ground to the roof, and all through penetrations must be sealed.
e.
If the garage is attached to the house, both the wall and the ceiling next to living areas must be a minimum 1/2 inch thick gypsum wall board; also the door leading from the garage to the living area must be a minimum 1 3/8 inch solid core or steel, including the doors from the garage to a basement area.
f.
There must be a minimum of two wall outlets per room, preferably located on opposite walls. Floor receptacles are not permitted.
g.
The bathroom must have one receptacle which is not part of a fixture. If a receptacle exists and is not part of a fixture, it does not have to be made into a G.F.I. receptacle. However, if a new receptacle is required, it must be G.F.I.
h.
Visible electrical violations will be noted in codes adopted by the Borough of Emmaus and must be corrected, such as missing wall cover plates, open junction boxes and open splices. The status of the service line to the meter will be checked and must be in acceptable condition.
i.
Outside electrical service must not have worn or damaged service cable. Inside electrical panel will be checked for proper grounding, visible electrical violations, and have all circuits labeled, which must be corrected.
j.
Dryer venting must be to the exterior of the unit or structure or by some other approved method.
k.
Any visible structural damage or suspected structural damage will result in the recommendation to consult with a structural engineer for professional review.
l.
Outhouse/cistern - in good condition and sealed.
m.
Closet lights which are less than 12 inches from an overhead shelf must either be disconnected or replaced with a surface mounted or recessed incandescent fixture with a completely enclosed lamp, or a fluorescent fixture or bulb.
n.
An oil burner shut-off switch will be required at the top of the basement steps or, on single level dwellings, outside the room containing the oil burner unit.
o.
A minimum 60 amp electrical service will be required.
p.
Chimney venting must be provided for high efficiency heaters in unlined chimneys.
q.
Street address must be properly displayed, and legible, on exterior of house and be visible from the street, with a minimum of four-inch high letters.
r.
Windows in sleeping areas must be operational.
PM-902.2 Multi-Family Units.
PM-902.2.1 The following items, in addition to the provisions of the applicable Borough Codes, will be checked when inspecting an existing multi-family unit for lease:
a.
Smoke detectors will be required on all levels and one in each bedroom. All smoke detectors will be checked for operation, and where required, must be interconnected and battery backup if built after 1993.
b.
Stair railings must exist on all stairways; this includes both sides if stairway is an open stairway.
c.
Visible structural damage on chimneys, windows, or any other areas must be corrected; this includes replacement of broken or cracked windows.
d.
Proper firewalls must exist on attached units between the units, extending from the ground to the roof. All through penetrations must be sealed.
e.
There must be a minimum of two wall outlets per room, preferably located on opposite walls. Floor receptacles are not permitted.
f.
Any bathroom receptacles that are part of a fixture must be disconnected, and at least one GFI receptacle must be provided.
g.
Visible electrical violations will be required to be corrected, such as missing wall cover plates, open junction boxes, open splices, open breaker slots, and open splices.
h.
There must be tenant access to the electrical panel box. All boxes must be labeled.
i.
Dryer venting must be to the exterior of the structure or other approved method.
j.
Windows in sleeping areas must be operational.
k.
A minimum sixty-watt incandescent light bulb must be provided in hallways and stairs for each 200 square feet of floor area in the egress portion of the structure.
l..
Street address or unit address must be properly displayed and legible, on exterior of unit with a minimum four-inch high numerals or letters.
Bathrooms must have an operational window and/or a mechanical exhaust fan that is vented to the outside of the structure.
n.
Hallways and stairs must be free of all obstructions.
o.
All emergency lights and exits must be operable.
p.
All fire rated doors and assemblies must be maintained as per Borough Codes. This includes the doorframes, door locks, self-closing devices, and panic hardware.
q.
Fire extinguishers must be charged and accessible.
r.
If the garage is attached to the structure, both the wall and the ceiling next to living areas must be a minimum of 1/2 inch thick gypsum wallboard; also the door leading from the garage to the living area must be a minimum 1 3/8 inch solid core or steel, including the doors from the garage to a basement area.
PM-902.2 In addition to those items listed in PM-902.2.1, the following items, in addition to the provisions of the applicable Borough Codes, will be required to be corrected when a multi-family structure is offered for sale.
a.
Proper firewalls must extend from the ground to the roof, including attic areas.
b.
Exterior of building must be free of rubbish, and there may be no obstruction of exterior stairs.
c.
Door locks must be per codes, and operational.
d.
All doors must swing in the direction of egress when serving an occupant load of more than 50 persons. Doors must open easily and may not be wedged opened.
e.
Doors must have proper hardware, and passageways must be free of obstructions.
f.
All emergency lights and exits must be operable. All Fire alarm devices and associated equipment must be operable.
g.
All sprinkler systems must be up to date on the required inspections for fire suppression systems.
h.
Where required by code, doors must have operational self-closures, and there may not be any openings in ceilings and walls.
i.
Elevator doors must be tight and operational and must have a Pennsylvania certificate of operation on file.
j.
All storage areas must be neat, and any storage area of flammable liquid must be per code.
k.
All boiler, heating and mechanical rooms must be clean with proper fire separation and adequate ventilation.
l.
Fire extinguishers must be properly inspected, there must be the proper amount, size and number of extinguishers. They must be accessible.
PM-902.3 Commercial and/or Industrial Space. For all commercial and/or industrial establishments offered for sale or lease, an inspection is required by the Building and/or Fire Inspector, or Fire Chief. This inspection will require modifications if there are code violations or particular items that need to be addressed pertaining to the specific use proposed for the structure. No such structure or space may be used or occupied for business unless and until a certificate of occupancy has been issued.
PM-903. Abatement of Violations.
1.
In the event that violations of the Borough Code exist in or upon the premises, such violations shall be addressed by either:
a.
The current owner or landowner abating the violations prior to the transfer of ownership of the premises or prior to the tenant occupying the premises; or
b.
The new owner or new tenant executing, and notarizing, a statement to the effect that (1) the extent of the violations have been made known to such new owner or tenant; and (2) that such new owner or tenant shall begin to abate the violations within 30 days of taking possession.
2.
The form of statement shall be prescribed by the Borough of Emmaus and shall have attached thereto the violations noted during the Borough's inspection.
PM-904. Certificate of Occupancy. Prior to the new owner or tenant occupying the premises, or contemporaneously therewith, such new owner or tenant shall secure from the Borough a certificate of use and occupancy. A certificate of use and occupancy shall not be issued unless the inspection required by this section has been completed and all violations are abated pursuant to the provision of § PM-903. A temporary certificate of use and occupancy may be issued in the discretion of the Code Enforcement Officer, Fire Department representative, or the Borough Council's designee, when a tenant or new owner takes possession of the premises; so long as corrections or modifications are commenced and pursued with reasonable diligence and within the time limits specified on the face of the temporary certificate of use and occupancy.
PM-905. No Warranty. By conducting the inspection pursuant to this section, the Borough of Emmaus does not warrant or guarantee the complete safety or suitability of the dwelling, unit or structure, purchased or leased. In no event shall the Borough be liable for any damages, either direct, indirect, incidental or consequential as a result of any inspection or failure to inspect or other matter related to the implementation or enforcement of this Code or any part thereof. The Borough of Emmaus specifically makes no guarantees or warranties of any kind, express or implied, including the warranty of habitability or suitability for a particular purpose.
PM-906. Prohibited Furniture and Appliances for Outdoor Use.
1.
Prohibited Furniture and Appliances. Interior-type furniture and appliances which would be adversely affected by the elements and/or susceptible to infestation by insects, rats, or other vermin are prohibited from being placed outside a structure. Such prohibited furniture and appliances shall include, but shall not be limited to, upholstered couches and chairs or other fabric-covered articles not designed or intended for exterior use, as well as any refrigerator, stove, freezer, or other appliance not manufactured to be utilized outdoors.
2.
Removal of Abandoned or Prohibited Furniture or Appliances. When the Code Official or his designee determines that prohibited or abandoned furniture or appliances are located in an exterior property area, the Code Official or his designee shall cause the landowner, the owner of the furniture, or other reasonable person to be notified. If the prohibited or abandoned furniture or appliance is not removed within the time period set forth in such notice, the Borough may cause the abandoned or prohibited furniture or appliance to be removed and the owner of the furniture or appliance or the landowner to be billed for the cost thereof in accordance with the provisions of this Code. If the cost of removal is not paid within 15 days, the Borough may impose a lien for the costs of said removal in accordance with applicable provisions of this Code. Further, the Code Official or his designee is hereby empowered and authorized to collect the costs of removal by filing a civil action against the owner of the real estate or the owner of the furniture or appliance or a reasonable person. Any violation of this section shall be subject to the penalties in Chapter 5, Part 7, § 5-701, Violations and Penalties, of the Emmaus Borough Code.
D.
Chapter 10, "Abandoned Real Property and Blighted Property Registration."
[Added by Ord. 1152, 1/16/2017]
PM-1001. Purpose and Intent. It is the purpose and intent of the Borough to establish a process to address the deterioration and blight of Borough neighborhoods caused by an increasing amount of abandoned, blighted, foreclosed or distressed real property located within the Borough, and to identify, regulate, limit, and reduce the number of abandoned or blighted properties located within the Borough. It is the Borough's intent to establish a registration and inspection program as a mechanism to protect neighborhoods from becoming blighted due to the lack of adequate maintenance and security of abandoned and foreclosed properties.
PM-1002. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ABANDONED REAL PROPERTY — Any real property located in the Borough, whether vacant or occupied, for which the owner is in default on a mortgage encumbering the property, has had a pending legal action or formal notice filed against it by the lender holding the mortgage on the property, is subject to an ongoing foreclosure action by the lender, is subject to an application for a tax deed or pending tax assessors lien sale, and/or has been transferred to the lender under a deed in lieu of foreclosure. The designation of a property as "abandoned" shall remain in place until such time as:
(1)
The foreclosure action has been dismissed; or
(2)
Any default on the mortgage has been cured.
ACCESSIBLE PROPERTY/STRUCTURE — A property that is accessible through a compromised/breached gate, fence, wall, etc., or a structure that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
ADOPTED CODES — Means, but is not limited to, the Borough's Zoning Ordinance, Property Maintenance Code, Uniform Construction Code ("UCC"), and/or any other applicable Borough ordinance, regulation or resolution regulating the maintenance and upkeep of properties, and including, with respect to all, any amendments or successor ordinances, editions or resolutions thereto.
BLIGHTED PROPERTY —
1.
A property that has broken, severely damaged or unmaintained windows, doors, gutters, downspouts, walls, roofs, accessory structures, pools, sheds, or garages which create hazardous conditions and encourage trespassing, including accessible properties/structures; or
2.
Properties whose maintenance, including but not limited to maintenance/compliance with the maintenance/compliance with the International Property Maintenance Code or any successor codes or editions, is not in conformance with the maintenance of other neighboring properties, causing a decrease in value of the neighboring properties; or
3.
Properties that endanger the public's health, safety, or welfare because the properties or improvements therein are dilapidated, deteriorated, or violate minimum health and safety standards or lack maintenance as required by the adopted codes.
ENFORCEMENT OFFICER — Any law enforcement official, Zoning Officer, Code Enforcement Officer, Fire Inspector, Building Inspector, Health Officer, or other person authorized by the Borough or applicable law to enforce the adopted codes.
OWNER — Any person, legal entity or other party having any ownership interest, whether legal or equitable, in real property. This term shall also apply to any person, legal entity or agent responsible for the construction, maintenance or operation of the property involved.
PROPERTY MANAGEMENT COMPANY — A local property manager, local property maintenance company or similar local entity responsible for the maintenance of abandoned real property, including but not limited to an adult individual designated by the owner of a regulated rental unit under this section.
VACANT — Any building or structure that is not legally occupied.
PM-1003. Applicability. The provision of this section shall be considered cumulative and shall not supersede or be limited by any other law or provision for same, but rather be an additional remedy available to the Borough and beyond any other state, county, or local provisions for same.
PM-1004. Establishment of a Registry. The Borough or its designee shall establish a registry cataloging each abandoned real property and blighted property within the Borough, containing the information required by this section.
PM-1005. Registration of Abandoned Real Property and Blighted Property.
a)
Upon default by the mortgagor of any mortgage encumbering real property located within the Borough, the mortgagee who holds a mortgage on the real property shall perform an inspection of the property to determine vacancy or occupancy. The mortgagee shall, within 10 days of the inspection, register the property with the Borough, or its designee, on forms provided by the Borough, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is found to be vacant or occupied.
b)
If the property is occupied but the owner remains in default of the mortgage, the property shall be inspected by the mortgagee or its designee on a monthly basis until the earlier of (1) the mortgagor or other party remedies the default, or (2) the property is found to be vacant or shows evidence of vacancy, at which time the property shall be deemed to be abandoned, and the mortgagee shall, within 10 days of the inspection revealing the property to be vacant, update the property registration provided by the Borough to note a vacant status of the property. Such update shall be on forms provided by the Borough.
c)
Real property that was vacated prior to the enactment of this section shall be registered with the Borough within 30 days after enactment of this section as a vacant property and be subject to the provisions of this section.
d)
Registration pursuant to this section shall contain the name of the owner and mortgagee, the direct mailing address (post office boxes are not permitted) of the owner (if known) and mortgagee, a direct contact name and telephone number for both parties, facsimile number and e-mail address for both parties, the Lehigh County tax identification number of the property, and the name and twenty-four-hour contact phone number of the property management company responsible for the security and maintenance of the property.
e)
If the owner or mortgagee is not a full-time resident of the Borough or does not live or maintain an office within a thirty-mile radius of Borough Hall, then the owner or mortgagee shall designate a property maintenance company to serve as manager. The property management company shall be located within a thirty-mile radius of the Borough Hall. If the owner or mortgagee is a corporation, limited liability company or other entity that is not a partnership, an independent property management company shall be appointed unless an officer of the corporation, limited liability company or other nonpartnership entity is appointed to manage the property and such officer lives within a thirty-mile radius of the Borough Hall. If the owner or mortgagee is a partnership of any type, a property maintenance company shall be required if a partner that is an adult individual does not reside within a thirty-mile radius of the Borough Hall. Said partner shall perform the same function as a property management company. If the owner or mortgagee is a trust or an estate, an independent property management company shall be appointed unless a fiduciary of the trust or estate is appointed to manage the property and such fiduciary lives within a thirty-mile radius of the Borough Hall. The property management company shall be the agent of the owner and shall be authorized to accept service of process and receiving of notices and demands on behalf of the owner or mortgagee, as well as for performing the obligations of the owner or mortgagee, as applicable, under this section.
f)
In addition to the required designated agent of a property management company under PM-1005(e) above, an owner may designate a property management company to serve all of the same purposes of the owner by registering the name of the property management company with the Borough. If a property management company is designated by the owner, then the Borough is not required to provide separate notice to the owner.
g)
A nonrefundable annual registration fee, as enumerated in the Borough Fee Schedule, shall accompany the registration form.
h)
All registration fees must be paid directly from the mortgagee, servicer, trustee, or owner. Third-party registration fees are not allowed without the consent of the Borough of Emmaus and/or its authorized designee.
i)
This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary/holder of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
j)
Properties subject to this section shall remain under the annual registration requirement, and the inspection, security and maintenance standards of this section, as long as they remain classified as abandoned real property and/or blighted property pursuant to the terms of this section.
k)
Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within 10 days of the change.
l)
Failure of the mortgagee and/or owner to properly register or to modify the registration form from time to time to reflect a change of circumstances as required by this section is a violation of the section and shall be subject to enforcement.
m)
Pursuant to any administrative or judicial finding and determination that any property is in violation of this section, the Borough is authorized to take the necessary action to ensure compliance with the adopted codes and place a lien on the property for the cost of the work performed to benefit the property and bring it into compliance.
n)
The legal name, mailing address, e-mail address, daytime physical address (not a post office box), and daytime and evening telephone number(s) of a property management company who is designated as the manager shall be provided in writing by the owner or mortgagee, as applicable, to the Borough of Emmaus, and such information shall be kept current and updated within 10 business days after it changes.
o)
If a mortgagee on a property is in default or the property has been declared and/or certified blighted, and the property has become vacant, a property management company shall be designated by the owner or mortgagee to perform the work necessary to bring the property into compliance with the adopted codes, and the property manager must perform regular inspections to verify compliance with the requirements of this section, and any other applicable laws.
p)
Blighted property shall be subject to the registration and other requirements of this section.
PM-1006. Maintenance Requirements.
a)
Abandoned real properties and blighted properties shall be maintained in a condition compliant with the adopted codes.
b)
Abandoned real properties and blighted properties shall be kept free of weeds, snow, ice, overgrown brush, dead vegetables, trash, junk, debris, 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, inoperable vehicles, printed material or any other items that give the appearance that the property is vacated.
c)
Abandoned real properties and blighted properties shall be kept free of (i) chipped or peeling paint and (ii) deteriorated/broken windows, walls, foundations and roofs, and shall comply with the regulations set forth in the adopted codes. No property shall be permitted to be in a condition that would make such property an accessible property/structure under this section.
d)
The exterior of abandoned real properties and blighted properties shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the balance of the exterior of the structure constructed on the property. All properties shall meet the requirements of Ordinance No. 1121.
e)
Front, side, and rear yards, including landscaping and fencing, shall be maintained in accordance with the adopted codes.
f)
Yard maintenance shall include, but not be limited to, regular maintenance of grass, trees, ground covers, brush, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. Acceptable maintenance of yards and/or landscape shall not include allowance of weeds, gravel, and/or broken concrete, asphalt or similar material.
g)
Required maintenance shall include, but not be limited to, regular watering, irrigation, cutting and mowing of required ground cover or landscape and lawful removal of all trimmings, as well as snow removal from public sidewalks.
h)
Pools and spas shall be maintained so that the water remains free and clear of pollutants and debris. The pools and spas shall comply with the regulations set forth in the adopted codes.
i)
Sheds, garages, outbuildings and other nonprimary structures shall be maintained in accordance with the adopted codes, and such maintenance obligation shall include, but not be limited to, keeping the structure free of pollutants, debris, clutter and hazards to the public health and safety, keeping the structure secure, free from peeling or chipping paint and/or deteriorated windows, doors, walls, foundations and roofs.
j)
In addition to the above, the property and all structures thereon are required to be maintained in accordance with all adopted codes of the Borough.
PM-1007. Security Requirements.
a)
Abandoned real properties and blighted properties shall be maintained in a secure manner so as not to be accessible properties/structures pursuant to this section.
b)
A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow human children or adults, felines, rodents, canines or other animals to access the interior of the property or structure. Broken windows, doors, gates and other openings of such size that may allow human children or adults, felines, rodents, canines or other animals to access the interior of the property or structure must be repaired. Broken windows shall be secured by reglazing of the window.
c)
In addition to the above, the property is required to be secured in accordance with all adopted codes of the Borough.
PM-1008. Inspections for Violations. Nothing in this section shall preclude the Borough from independently ordering any person causing a public nuisance to abate the public nuisance, including nuisances relating to abandoned real property or blighted property. In the event that the person fails to abate the public nuisance, the Borough shall have the authority to enter upon the property and abate the public nuisance or to institute a suit or suits in law or in equity to restrain or prevent violation of this section, including but not limited to seeking a preliminary injunction, or by seeking other legal relief from a court of competent jurisdiction. The Borough shall be entitled to recover the expenses of abatement and all reasonable attorney's and expert witness fees.
PM-1009. Inspections for Violations. Adherence to this section does not relieve any person, legal entity or agent from any other obligations set forth in any adopted codes which may apply to the property. Properties that remain abandoned and/or blighted for one year or more may be inspected annually by the Borough. Inspections may occur more frequently depending on complaints, necessity, and/or violations of the adopted codes. Inspection fees shall be in accordance to the fee schedule.
PM-1010. Additional Authority.
a)
If the Enforcement Officer has reason to believe that an abandoned real property or a blighted property is posing a threat to the public health, safety and welfare, the Borough may secure the property at the expense of the mortgagee and/or owner, and a municipal claim or lien for costs associated with the security activity shall be filed and a municipal citation filed for the violations, as soon as practicable, to address the conditions of the property.
b)
The Borough or Magisterial District Judge shall have the authority to require the mortgagee and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures, including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard or other measures as may be reasonably required to help prevent further decline of the property.
c)
If there is a finding that the condition of the property is posing a threat to the public health, safety and welfare, then the Borough may abate the violations. The owner and/or mortgagee shall be charged with the cost of the abatement.
d)
If the mortgagee or owner does not reimburse the Borough for the cost of securing the property, or of any abatement directed by the Borough or Magisterial District Judge, within 30 days of the Borough sending the mortgagee or owner the invoice, then the Borough may lien the property with such cost, along with an administrative fee of up to 20% of the expenses incurred by the Borough.
PM-1011. Opposing, Obstructing Enforcement Officer; Penalty. It shall be unlawful to oppose, obstruct, fail to follow the instructions of or resist any enforcement officer or any person authorized by the enforcement officer in the discharge of duties as provided in this section. Each such offense shall be punishable as provided in the adopted codes or by a court of competent jurisdiction.
PM-1012. Immunity of Enforcement Officer. Any enforcement officer or any person authorized by the Borough to enforce this section shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon real property while in the discharge of duties imposed by this section.
PM-1013. Penalties.
a)
Any person who shall violate the provisions of this section may be cited and fined as provided in the applicable sections of the Pennsylvania Borough Code, as amended, including without limitation Sections 32A04 and 3321,[1] relating to enforcement of the Property Maintenance Code and fines and penalties, respectively.
b)
After the owner or mortgagee is given notice of the amount of the registration fee due, and the owner or mortgagee fails to pay the amount due, said amount shall constitute a debt due and owing the Borough, and the Borough may commence a civil action to collect unpaid debt.
c)
After the owner or mortgagee is given notice of the amount of the registration fee due, and the owner or mortgagee fails to pay the amount due, said amount shall constitute a debt due and owing to the Borough, and shall constitute a lien.
d)
The failure or refusal for any reason of any owner or mortgagee, or agent of an owner or mortgagee acting on behalf of the owner or mortgagee, to register an abandoned property and/or blighted property or to pay any fees required to be paid pursuant to the provisions of this section, within 30 days after they become due, shall constitute a summary criminal violation punishable upon conviction thereof by a fine in an amount not to exceed the sum of $1,000 for each violation hereof. Fines shall not be subject to suspension or reduction for any reason. Each day or any portion thereof in which a violation is found to exist shall be considered a separate offense under this section. Likewise, each subsection of this section which is found to be violated shall be considered a separate offense.
e)
In addition to or in lieu of an enforcement action before a Magisterial District Judge or imposition of penalties, the Borough may enforce this section as an equity action in the Lehigh County Court of Common Pleas, and nothing contained herein shall be construed to limit the Borough's remedies as authorized by law for the enforcement of this section.
[1]
Editor's Note: See 8 Pa.C.S.A. §§ 32A04 and 3321, respectively.