Borough of Ben Avon, PA PROPERTY MAINTENANCE CODE

[Ord. 744, 3/17/2010, § II; as amended by Ord. 747, 6/16/2010, § I]

The 2009 International Property Maintenance Code is amended and revised, with additions, deletions and changes noted in the following respects:

Section 101.1, page 1, second line. Insert "Borough of Ben Avon" in space provided.

Section 103, Department of Property Maintenance Inspection. Delete the reference to "Department of Property Maintenance Inspection" and replace the deleted reference with a reference to "Property Maintenance Code Official."

(1)

Revise § 103.1 to read:

§ 103.1. General. The official in charge of enforcing this Part shall be known as the Code Official. The Code Official may be an individual or a corporation or other organization providing Property Maintenance Code enforcement services.

(2)

§ 103.5, Fees, is revised to read:

§ 103.5. Fees. Fees shall be as set forth in the Ben Avon Borough Fee Schedule as adopted by the Borough Council from time to time by resolution.

Section 106. Violations. Delete § 106.4, Violation Penalties, and replace it with the following:

§ 106.4. Penalties. Any person, firm or corporation who shall violate any provision of this Code shall, upon conviction thereof, be subject to a fine of not more than $1,000. Each day that a violation continues shall constitute a separate offense.

Section 109.5. Costs of Emergency Repairs. Costs incurred in the performance of emergency work may be paid by the Borough. The legal counsel of the Borough shall institute appropriate action against the property owner or agent of the premises where the unsafe structure is or was located for the recovery of such costs, plus attorney's fees, including, but not limited to, filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of the emergency work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Borough in connection with the emergency work and the filing of the municipality claim.

Section 111, Means of Appeal. Delete §§ 111.1, 111.2, 111.3, 111.4 and 111.5 in their entirety and replace them with the following:

§ 111. Means of Appeal.
	§ 111.1. Application for Appeal. Any person aggrieved by a decision of the Code Official or a notice or order issued under this Code shall have the right to appeal, within 20 days after the date of the decision, notice or order appealed from, to the Borough of Ben Avon Council, which Council shall have jurisdiction to hear and rule on appeals filed hereunder. The Council may determine whether the full Council, or any number of Council members, or any designated hearing officer, will hear and rule on the appeal. Such appeal shall be filed in writing, shall state the grounds for appeal, be accompanied by the required appeal fee of $50 or such other fee as is set under the Borough of Ben Avon fee schedule by resolution, and shall be processed and heard in accordance with the Local Agency Law. All advertising and court reporter costs resulting from the appeal will be paid by the appellant prior to commencement of the appeal hearing.
	§ 111.2. All appeals under the Property Maintenance Code must be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, that the provisions of this Code do not apply, that the requirements of this Code are satisfied by other means or that the strict application of the Code would cause an undue hardship due to the unique circumstances involving the property in question such that strict application of the Code would prevent the property owner or occupant from making reasonable use of the property.
	§ 111.3. The Board may consider the following factors in deciding a claim of hardship:
		§ 111.3.1. Whether the owner or occupant has complied with prior orders or agreements covering maintenance of the property.
		§ 111.3.2. Whether the owner or occupant has a history of investment or improvement at the property.
		§ 111.3.3. Whether the cost of repair or compliance is reasonable in relation to the value of the property and the danger presented by the property.
		§ 111.3.4. Whether enforcement of the Code would result in a taking without compensation.
		§ 111.3.5. The length of time any violations have existed.
		§ 111.3.6. Degree of mitigation attempted.
		§ 111.3.7. Number and severity of violations at the property.
		§ 111.3.8. Visibility of violations from the street and neighboring properties.
		§ 111.3.9. Existence of similar conditions at neighboring properties.
		§ 111.3.10. Danger presented by the violations to children or the sick or elderly.
	§ 111.4. The Board of Appeals shall have no authority to waive requirements of the Property Maintenance Code except upon a finding of undue hardship made pursuant to §§ 111.1, 111.2 and 111.3.
	§ 111.5. The appeals board shall decide appeals based on the vote of a majority of a quorum of the board.

Section 112.4. Revise § 112.4 to read:

§ 112.4. Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $1,000. Each day that a violation continues shall constitute a separate offense.

Chapter 3, General Requirements, § 302, Exterior Property Areas.

(1)

In § 302.4, Weeds, delete the first sentence and replace it with the following: All premises and exterior property shall be maintained free from weeds or grasses in excess of 12 inches in height.

(2)

Add new § 302.10, Prohibited Furniture, to read as follows:

§ 302.10, Prohibited Furniture. Furniture which would be adversely affected by the elements and are susceptible to infestation by insects, rats or other vermin is prohibited from being placed or stored on exterior property. Such prohibited furniture shall include, but is not limited to, upholstered couches and couches, davenports, beds, sofas and any other interior-type fabric-covered articles not designed or intended for use in an exterior area.

Section 304, Exterior Structure, § 304.14, Insect Screens. Insert the words, "April 1 to October 31 in the spaces provided in the first sentence of this section."

Section 308.2, Disposal of Rubbish. Amend this section to read as follows:

§ 308.2, Disposal of Rubbish. Both the owner and occupant of a structure shall be responsible for the disposal of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.

Section 308.3, Disposal of Garbage. Amend this section to read as follows:

§ 308.3, Disposal of Garbage. Both the owner and occupant of a structure shall be responsible for the disposal of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.

Section 602.3. Insert dates as follows in the space provided: "from September 1 to May 31."

Section 602.4. Occupiable Work Spaces. Insert dates as follows in the space provided: "from September 1 to May 31."