[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Providence 12-17-2015 by Ord. No. 628.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 64.
Garbage, rubbish and refuse — See Ch. 93.
Littering — See Ch. 102.
Nuisances — See Ch. 104.
[1]
Editor's Note: This ordinance also repealed
former Ch. 114, Property Maintenance, adopted 7-7-2008 by Ord. No.
567.
The 2009 International Property Maintenance Code, as published
by the International Code Council, Inc., is hereby adopted as the
Property Maintenance Code of Lower Providence Township; for the control
and maintenance of property, buildings, and structures as herein provided;
and each and all of the regulations, provisions, penalties, conditions
and terms of said International Property Maintenance Code are hereby
referred to, adopted, and made a part hereof, as if fully set out
in this chapter, with the additions, insertions, deletions and changes
as prescribed below in this chapter.
The following replacements, insertions, and modifications shall
be made in the 2009 International Property Maintenance Code at the
places hereinafter indicated:
A.
Section 101.1 Title (page 1): Replace "[NAME OF JURISDICTION]" with
"Lower Providence Township."
B.
Section 102.3 Application of other codes (page 1): Modify the last sentence to read as follows: "Nothing in this code shall be construed to cancel, modify, or set aside any provision of Chapter 143 - the Lower Providence Township Zoning Ordinance."
C.
Section 103.5 Fees (page 2): Modify to read as follows: "The fees
for activities and services performed by the department in carrying
out its responsibilities under this code shall be set by resolution
of the Board of Supervisors of Lower Providence Township."
D.
Section 104.3 Right of entry (page 2): Modify the last sentence to
read as follows: "If entry is refused, the code official is authorized
to seek an administrative warrant to secure entry."
E.
Section 106.3 Prosecution of violation (page 3): Modify to read as
follows: "Any person failing to comply with a notice of violation
or order served in accordance with Section 107 shall be deemed in
violation of this code. If the notice or order is not complied with,
the code official may institute the appropriate proceeding at law
or in equity to restrain, correct, or abate such violation; to impose
fines and penalties for such violation; and/or to require the removal
or termination of the unlawful occupancy of the structure or property
in violation of the provisions of this code or of the order or direction
made pursuant thereto. Any action taken by the Township shall be charged
against the real estate upon which the violation is located and shall
be a lien upon such real estate."
F.
Section 106.4 Violation penalties (page 3): Modify to read as follows:
"Any person who is found by a court of competent jurisdiction, including
but not limited to a Magisterial District Court or Court of Common
Pleas, to have violated a provision of this code; to have failed to
comply with any of the requirements of this code; or to have failed
to comply with an order, directive, or notice of the code official
concerning this code shall be liable for a civil penalty not less
than $200 or more than $1,000 for each violation, plus any and all
costs incurred by the Township in bringing an action against such
violation, including but not limited to consultant fees, attorneys
fees, and expert witness fees. Each day that a violation continues
shall be deemed a separate violation."
G.
Section 107.1 Notice to person responsible (page 3): Modify to read
as follows: "Whenever the code official determines that there has
been a violation of this code or has grounds to believe that a violation
has occurred, notice shall be given in the manner prescribed in Sections
107.2 and 107.3 to the person responsible for the violation and the
owner of the premises upon which the violation has occurred as specified
in the code. Notices for condemnation procedures shall also comply
with Section 108.3."
H.
Section 109.5 Costs of emergency repairs (page 5): Modify to read
as follows: "Costs incurred in the performance of emergency work are
the responsibility of the owner of the premises where the unsafe structure
is or was located. Such costs, however, shall be initially paid by
the Township. The Township Solicitor may institute the appropriate
proceeding at law or in equity against the owner of the premises where
the unsafe structure is or was located for the recovery of such costs."
I.
Section 111.1 Application for appeal (page 5): Modify to read as
follows: "111.1 Means of appeal. Any appeal from any
decision of the Property Maintenance Code Official shall be heard
by the Lower Providence Township Building Code Board of Appeals, pursuant
to and consistent with the practices and procedures established for
or by such Board."
J.
Sections 111.2 through 111.6, inclusive, and Section 111.8 shall
be deleted in their entireties and marked as "Reserved."
K.
Section 111.7 Court review (page 6): Modify to read as follows: "Any
person aggrieved by a Board decision may appeal this decision to the
Court of Common Pleas. Such an appeal shall be filed within 30 days
of the issuance of the decision. Within 30 days of the filing of an
appeal, the Township and the owner and/or tenant of the premises directly
involved in the appeal may intervene in the appeal as of course by
filing a notice of intervention, accompanied by proof of service of
the same upon each appellant or each appellant's counsel of record.
All other intervention shall be governed by the Pennsylvania Rules
of Civil Procedure."
L.
Section 112.4 Failure to comply (page 7): Replace the phrase "a fine
of not less than [AMOUNT] dollars or more than [AMOUNT] dollars."
with "a fine of not less than $100 or more than $500. Each day the
work continues after the issuance of the stop work order shall constitute
a separate finable offense. Such fines are in addition to any fines
or penalties imposed pursuant to Section 106 concerning the violation(s)
on the premises."
M.
Section 202 GENERAL DEFINITIONS (pages 9 to 10): The
following definitions shall be inserted at the appropriate alphabetical
spot into this Section and shall read as follows:
"JURISDICTION, THE. Lower Providence Township"
"NOXIOUS WEEDS. Any noxious vegetation covered
under and prohibited by the Noxious Weed Control Law (3 P.S. § 255.1
et seq.), as amended, or by regulations of the Pennsylvania or United
States Departments of Agriculture including, but not limited to, the
following:
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Cannabis sativa, commonly known as Marijuana
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Cirsium arvense, commonly known as Canadian Thistle
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Rosa multiflora, commonly known as Multiflora Rose
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Sorghum halepense, commonly known as Johnson Grass
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Polygonum perfoliatum, commonly known as Mile-a-Minute
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Pueraria lobata, commonly known as Kudzu Vine
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Cirsium vulgare, commonly known as Bull or Spear Thistle
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Carduus nutans, commonly known as Musk or Nodding Thistle
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Sorghum bicolor, commonly known as Shattercane
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Datura stramonium, commonly known as Jimsonweed
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Lythrum salicaria, commonly known as Purple Loosestrife (all
cultivars)
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Heracleum mantegazzianum, commonly known as Giant Hogweed
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Galega officinalis, commonly known as Goatsrue
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Chicory, succory, or blue daisy"
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"WEEDS. All grasses, annual plants, and vegetation,
other than trees or shrubs provided; however, this term shall not
include cultivated flowers and gardens."
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N.
Section 302.4 Weeds (page 11): Modify first paragraph to read as
follows: "All premises and exterior property within 100 feet of any
habitable structure or building shall be maintained free from weeds
in excess of six inches. This height restriction, however, does not
apply to naturalized areas, riparian buffers, managed meadows, and
other no-mow zones, as determined by the Township. All noxious weeds
shall be prohibited throughout the entire premises and exterior property."
O.
Section 304.3 Premises Identification (page 12): Modify to read as
follows: "The Township shall have final authority as to the assignment
of a street number or address to each structure or premises. Each
structure or premises to which a street number has been assigned by
the Township or if the structure or premises is located in a private
community, to which a street or identification number has been assigned
by the community, shall have the appropriate number displayed in a
location and size as to be readily observed and readable from the
public or private right of way that provides access to the structure
or premises. All street or identification numbers and letters shall
be in Arabic characters with a minimum height of four inches and a
minimum stroke width of one-half inch. Structures that are set back
more than 50 feet from the right of way providing access, or any distance
where the number/letter can not be readily seen from the right-of-way,
shall have the assigned street or identification numbers/letters attached
to a post or mailbox placed at the end of the driveway on the same
side of the road as the structure is located. These numbers/letters
shall be placed on both sides of the post or mail box, at a minimum
height of three feet so as numbers/letters can be seen by vehicles
traveling from either direction. All street or identification numbers/letters
shall be illuminated when possible and shall be colored in contrast
with the background upon which the number is placed. Nonresidential
structures shall have the name of the tenant/occupant, along with
the address/suite number, placed or painted on the rear entryway to
the leasehold or area of the building occupied by said entity and
shall meet the above height and width requirements of street numbers/letters.
P.
Section 304.14 Insect screens (page 13): Replace the phrase "During
the period from [DATE] to [DATE]" with "Where appropriate, during
the period from May 1 to September 1".
Q.
Section 602.3 Heat supply (page 21): Replace the phrase "during the
period from [DATE] to [DATE]" with "during the period from September
1 to June 15".
R.
Section 602.4 Occupiable work spaces: (page 21). Replace the phrase
"during the period from [DATE] to [DATE]" with "during the period
from September 1 to June 15".
S.
Appendix A, Boarding Standard, is adopted in its entirety.
