[HISTORY: Adopted by the Borough Council of the Borough of
Franklin Park 2-15-2023 by Ord. No. 674-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 159,
Property Maintenance, adopted 10-16-2019 by Ord. No. 651-2019.
A certain document, three copies of which are on file in the office of the Borough Secretary of the Borough of Franklin Park, being marked and designated as the "International Property Maintenance Code, 2018 edition," including Appendix A, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Franklin Park, in the Commonwealth of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough Secretary of the Borough of Franklin Park 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, if any, prescribed in § 159-2 of this chapter.
The following sections and subsections of the International
Property Maintenance Code, 2018 edition, are hereby added, inserted,
deleted, restated or changed as set forth below:
A.
Section 101.1 is restated as follows:
101.1 Title. These regulations shall be known as
the Property Maintenance Code of the Borough of Franklin Park (hereinafter
referred to as "this code").
B.
Section 102.3 is restated as follows:
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of Chapter 99 in the Code of the Borough of Franklin Park, "Construction Code, Uniform," as amended (hereinafter referred to as the "Borough Construction Code"). Nothing in this code shall be construed to cancel, modify or set aside any provisions of Chapter 212 in the Code of the Borough of Franklin Park, "Zoning," as amended.
C.
Section 103 is amended by changing the title of the section to "Code
Enforcement."
D.
Section 103.1 is restated as follows:
103.1 General. The existing office of Code Enforcement
within the Zoning/Building Inspection Department and the executive
official(s) in charge thereof shall be known as the Code Enforcement
Officer (hereinafter code official).
E.
Section 103.5 is restated as follows:
103.5 Fees. The fees for applications and permits
referenced in this code and for the activities and services performed
by the code official in carrying out his/her responsibilities under
this code shall be established, from time to time, by resolution of
the Borough Council.
F.
Section 104.3 is restated as follows:
104.3 Right of entry. The code official shall have
the right and the power to enter upon and inspect any structure or
premises at all reasonable hours and in a reasonable manner for the
administration and enforcement of this code. If such structure or
premises is occupied, the code official shall present credentials
to the occupant and request entry. If such structure or premises is
unoccupied, the code official shall first make a reasonable effort
to locate the owner or other person having charge or control of the
structure or premises and request entry. In the event that entry upon
any structure or premises is refused by an owner, an agent of an owner
or a tenant, the code official shall obtain an administrative search
warrant from any magisterial district judge within the judicial district
where the structure or premises to be inspected is located. It shall
be sufficient to support the issuance of a warrant for the code official
to provide to the magisterial district judge evidence of any of the
following:
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1.
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Reasonable standards and an administrative plan for conducting
inspections.
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2.
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The condition of the structure, premises or general area and
the passage of time since the last inspection.
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3.
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Facts, supported by oath or affirmation, alleging that probable
cause exists that a law, regulation or ordinance subject to enforcement
by the code official has been violated.
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G.
Section 106.3 is restated as follows:
106.3 Prosecution of violation. If a notice of
violation or order is not complied with, the code official shall institute
the appropriate proceedings at law or in equity to restrain, correct
or abate such violation, or to require 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
person failing to comply with a notice of violation or order served
in accordance with Section 107 shall be prosecuted by action brought
before a magisterial district judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. The Borough Solicitor may assume charge of the
prosecution without the consent of the District Attorney as required
under Pa.R.Crim.P. No. 454 (relating to trial in summary cases).
H.
Section 106.4 is restated as follows:
106.4 Violation penalties. Any person who shall
violate any provision of this code, or fail to comply therewith, or
with any of the requirements thereof, shall be guilty of a summary
offense, punishable by a fine not to exceed $1,000.00 per violation,
plus court costs and reasonable attorney fees incurred by the Borough
in the enforcement proceedings, and in default of payment of such
fine and costs to imprisonment to the extent permitted by law for
the punishment of summary offenses. A separate offense shall arise
for each day or portion of a day in which a violation is found to
exist or for each section of this code which is found to have been
violated. All fines, costs, penalties, and fees collected for the
violation of this Chapter shall be paid to the Borough Treasurer.
I.
Section 106.5 is amended by adding a last sentence as follows:
"Any action taken by the Borough in the prosecution or abatement
of any violation shall be charged against the real estate upon which
the violation exists and shall be a municipal claim and lien upon
such real estate."
J.
Section 110.3 is restated as follows:
110.3 Failure to comply. If the owner of a premises
fails to comply with a demolition order within the time prescribed,
the code official shall cause the structure to be demolished and removed,
either through an available public agency or by contract or arrangement
with private persons, and the Borough shall collect the cost of removal,
together with a penalty of ten (10%) percent of the cost, in the manner
provided by law for the collection of municipal claims, or by action
of assumpsit, or may seek relief by bill in equity.
K.
Section 111, Means of Appeal, is deleted in its entirety and restated
as follows:
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SECTION 111
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MEANS OF APPEAL
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111.1 Application for appeal. Any person directly
aggrieved by a notice or order issued by the code official under the
authority of Section 108 or 109 shall have the right to appeal to
the Building Board of Appeals established under the Borough Construction
Code provided that a written application for an appeal on a form provided
by the Borough is filed within ten (10) days after receipt or posting
of such notice or order, along with the payment of an appeal hearing
fee in an amount set from time to time by resolution of the Borough
Council. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted hereunder
has been incorrectly interpreted, the provisions of this code do not
fully apply, or the requirements of this code are adequately satisfied
by other means.
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111.2 Regulations and procedures for appeals. All
appeals under this code shall proceed under the regulations and procedures
of the Building Board of Appeals.
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L.
Section 112.4 is amended to insert "$600" in the first reference
of [AMOUNT] and "$1,000" in the second reference of [AMOUNT].
M.
Section 301 is amended by inserting a new Section 301.4 as follows:
301.4 Lead-based paint. Lead-based paint with a
lead content of more than 0.5% shall not be applied to any interior
or exterior surface of a dwelling, dwelling unit, or child care facility,
including fences and outbuildings at these locations. Existing interior
and exterior painted surfaces of dwelling units and child care facilities
that contain lead paint with a lead content of more than 0.5% shall
be removed or remediated in compliance with Code of Federal Regulations,
Title 40, Part 745, as amended.
N.
Section 302.4 is restated as follows:
302.4 Grass and weeds. No person owning or occupying
any property containing a structure within the Borough shall permit
any grass, weeds or any vegetation whatsoever, not edible or maintained
for some useful or ornamental purpose, to grow or remain upon such
property so as to exceed a height of ten (10") inches, or to throw
off any unpleasant or noxious odor, or to conceal any filthy deposit,
or to create or produce pollen. No person owning any premises within
the Borough shall permit any grass, weeds or other vegetation included
on the noxious weed control list contained within the Noxious Weed
Control Law, 3 P.S. §§ 255.1 through 255.11, as amended,
to grow or remain upon any premises. Any such conduct is hereby declared
to be a nuisance and detrimental to the health, safety, cleanliness
and comfort of the inhabitants of the Borough.
The owner or occupant, as the case may be, shall remove, trim
or cut all grass, weeds or other vegetation growing or remaining upon
such property in violation of the provisions of this section.
The code official is hereby authorized to give notice to the
owner of any property whereon grass, weeds or other vegetation is
growing or remaining in violation of the provisions of this section,
directing and requiring such owner to remove, trim or cut such grass,
weeds or vegetation so as to conform to the requirements of this section
within five (5) days after the issuance of said notice.
If the structure on the property is vacant, service of such
notice shall be made by posting a copy thereof in a conspicuous place
on the structure and mailing a copy of such notice by certified mail
to the owner of such property at the owner's last known post
office address.
In case any person shall neglect, fail or refuse to comply with
such notice, the Borough or its agents may remove, trim or cut such
grass, weeds or vegetation, and the cost thereof, together with a
penalty of ten (10%) percent thereof, may be collected by the Borough
from such person in the manner provided by law. The Borough may also
pursue the fines and penalties authorized in Section 106.4.
Except for any property in violation of the Noxious Weed Control
Law, 3 P.S. §§ 255.1 through 255.11, as amended, the
ten (10") inch height limitation in this section shall not apply to
property, or any portion thereof, that exhibits one or more of the
following characteristics:
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1.
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Property devoted to agricultural use or otherwise actively cultivated.
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2.
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Floodplain or wetlands.
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3.
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Any undeveloped property, undisturbed open space, or conservation
area.
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4.
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Areas of any property that, by reason of slope, steepness or
terrain or other geographic features, render the property inaccessible.
The code official shall make the initial determination of inaccessibility,
subject to review by the Borough Council.
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5.
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Areas of any property undergoing a directed process of natural
succession. The code official shall make the initial determination
of natural succession, subject to review by the Borough Council.
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O.
Section 302.8 is restated as follows:
302.8 Motor vehicles. No person in charge of or
in control of premises or private property, whether as owner, lessee,
tenant, occupant or otherwise, shall allow any inoperable motor vehicle
to remain on such property longer than ten (10) days; and no person
shall leave any inoperable motor vehicle on any property within the
Borough of Franklin Park for a longer time than ten (10) days; provided,
nevertheless, that this section shall not be construed to apply to
any vehicle in an enclosed building or so located upon the premises
as not to be readily visible from any public place or from any surrounding
private property; and provided, further, that this section shall not
be construed to apply with regard to any vehicle on the premises of
a business enterprise operating in a lawful place, other than in a
residential district, and operated in a lawful manner when the keeping
or maintenance of such vehicle is necessary to the operation of such
business enterprise; or with regard to a vehicle in an appropriate
storage place or depository maintained in a lawful place and manner
by the Borough of Franklin Park or any other public agency or entity.
P.
Section 302 is amended by inserting a new Section 302.10 as follows:
302.10 Portable storage units. A "portable storage
unit" is hereby defined as a container that is not affixed to land
and that is designed for temporary short-term storage.
The following regulations shall be applicable to portable storage
units used for on-site storage:
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1.
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There shall be no more than one (1) portable storage unit per
lot.
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2.
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A portable storage unit shall be no larger than eight (8')
feet wide, sixteen (16') feet long and eight (8') feet high.
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3.
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No portable storage unit shall remain on a residential property
in excess of ninety (90) days in any calendar year.
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4.
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No portable storage unit shall remain on a commercial property
in excess of one hundred twenty (120) days in any calendar year.
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5.
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A portable storage unit shall be permitted during construction,
reconstruction, alteration or renovation of the principal building
for an additional period of three (3) days before and after such activity,
provided a building permit has been issued by the Borough of Franklin
Park. The portable storage unit shall be removed from the lot upon
the issuance of an occupancy permit.
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6.
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A portable storage unit may be located on a lot during an emergency
situation as declared by the appropriate federal, state, county or
Borough agency. The portable storage unit shall be removed from the
lot within thirty (30) days after the end of the emergency declaration.
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7.
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In situations not covered by the above regulations, an appeal
may be made to Borough Council, which may consider extending the time
a portable storage unit may be kept on a property due to unexpected
circumstances.
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Q.
Section 304.14 is amended to insert "June 1" for the first reference
of [DATE] and "September 30" for the second reference of [DATE].
R.
Section 308, Rubbish and Garbage, is deleted in its entirety and
restated as follows:
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SECTION 308
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RUBBISH AND GARBAGE
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Section 308.1 Unlawful conditions and deposits. From and after
the effective date of this code, it shall be unlawful for any person
to maintain any condition or use of premises or private property or
of building exteriors which is detrimental to the property of others
or which causes or tends to cause substantial diminution in the value
of other property in the neighborhood in which such premises are located.
This includes, but is not limited to, the keeping or the depositing
on or the scattering over the premises or private property of any
of the following:
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1.
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Lumber, junk, trash, debris, building material, mounds of dirt,
weeds or any other deleterious materials.
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2.
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Abandoned, discarded or unused objects or equipment such as
automobiles, furniture, stoves, refrigerators, freezers, cans or containers.
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3.
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Any compost pile which is of such a nature as to spread or harbor
disease, emit unpleasant odors or gas or attract rodents, vermin or
other disease-carrying pests, animals or insects; provided, nevertheless,
that the presence of earthworms in a compost pile shall not be construed
as a violation hereof.
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4.
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Any unsanitary matter.
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S.
Section 404.5 is deleted in its entirety and restated as follows:
404.5 Overcrowding. The number of persons occupying
a dwelling unit shall not create conditions that, in the opinion of
the code official, endanger the life, health, safety or welfare of
the occupants.
T.
Section 404.5.1 is deleted in its entirety.
U.
Section 404.5.2 is deleted in its entirety.
V.
Section 602.3 is amended to insert "October 1" for the first reference
of [DATE] and "May 1" for the second reference of [DATE].
W.
Section 602.4 is amended to insert "October 1" for the first reference
of [DATE] and "May 1" for the second reference of [DATE].
When the provisions of this chapter are in conflict with other
sections of the Code of the Borough of Franklin Park or any other
Borough ordinances or any other applicable codes, the more stringent
code, ordinance or regulation shall apply.
