Township of Lower Gwynedd, PA Property Maintenance Code

The International Property Maintenance Code of 2015, adopted as the Lower Gwynedd Township Property Maintenance Code, is hereby modified as follows:

(a)

Chapter 1, Scope and Administration, Section 101, General, Article 101.1, shall read:

Title. These regulations shalt be known as the "Property Maintenance Code of Lower Gwynedd Township," herein after referred to as "this Code."

(b)

Chapter 1, Scope and Administration, Section 102, Applicability, Article 102.3, Application of other codes, is hereby eliminated in its entirety and replaced with the following language:

Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Pennsylvania Uniform Construction Code, and the building, plumbing, mechanical, and electrical codes as adopted by Lower Gwynedd Township. Nothing in this Code shall be construed to cancel, modify, or set aside any provisions of the Lower Gwynedd Township Zoning Ordinance.

(c)

Chapter 1, Scope and Administration, Section 103, Department of Property Maintenance Inspection, Article 103.1, shall read:

General. The Lower Gwynedd Township Building Department and the executive official in charge thereof shall be the Township-appointed Code Enforcement Officer, hereinafter referred to as the "Code Official."

(d)

Chapter 1, Scope and Administration, Section 103, Department of Property Maintenance, Article 103.5, shall read:

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 from time to time.

(e)

Chapter 1, Scope and Administration, Section 111, Means of Appeal, is hereby repealed in its entirety, and any appeals section contained In a future edition of the International Property Maintenance Code (IPMC) shall be void unless specifically adopted by the Township hereinafter. Violations of the Township Code and International Property Maintenance Code that are not adequately remedied as determined by the Township Code Official and/or done so in a timely manner as detailed in the notice of violation or stop-work order, shall result in a citation being filed with the local Magisterial District Court. Any aggrieved party shall have the right to appeal the Magistrate's decision to the Montgomery County Court of Common Pleas.

(f)

Chapter 1, Scope and Administration, Section 112, Stop Work Order, Article 112.4 shall read:

Failure to comply. Any person who shall continue any work after having been served with a citation, notice of violation, or 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 less than three hundred dollars ($300} or more than one thousand dollars ($1,000).

(g)

Chapter 2, Definitions, Section 202, General Definitions, is hereby amended by adding the following definitions:

ABANDONED VEHICLE - Any vehicle that does not have a current license plate, valid registration, current certificate of inspection or an ascertainable identification number.
BLIGHTED PROPERTY - As defined in 35 P.S. § 1712.l(c), a blighted property must meet one of the following criteria:
1)	Any premises which, because of physical condition or use, is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with the local housing, building, plumbing, fire and related codes.
2)	Any premises which, because of physical condition, use or occupancy, is considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures.
3)	Any dwelling which, because it is dilapidated, unsanitary, unsafe, vermin-infested or lacking In the facilities and equipment required by the housing code of the municipality, has been designated by the department responsible for enforcement of the code as unfit for human habitation.
4)	Any structure which is a fire hazard or is otherwise dangerous to the safety of persons or property.
5)	Any structure from which the sewerage has been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use.
6)	Any vacant or unimproved lot or parcel of ground in a predominantly built-up neighborhood which, by reason of neglect or lack of maintenance, has become a place for accumulation of trash and debris or a haven for rodents or other vermin.
7)	Any unoccupied property which has been tax-delinquent for a period of two years prior to the effective date of this Part, and those in the future having a two-year tax delinquency.
8)	Any property which is vacant but not tax-delinquent, which has not been rehabilitated within one year of the receipt of notice to rehabilitate from the appropriate code enforcement agency.
9)	Any abandoned property. A property shall be considered abandoned if:
	i.	It is a vacant or unimproved lot or parcel of ground on which a municipal lien for the cost of demolition of any structure located on the property remains unpaid for a period of six months;
	ii.	It is a vacant property or vacant or unimproved lot or parcel of ground on which the total of municipal liens on the property for tax or any other type of claim of the municipality is in excess of 150% of the fair market value of the property as established by the Tax Assessment Office of Montgomery County or other body with legal authority to determine the taxable value of the property; or
	iii.	The property has been declared abandoned by the owner, including an estate that is in possession of the property.
CODE REQUIREMENT - A building, housing or property maintenance code or ordinance of the Township.
JUNKED VEHICLE - Any self-propelled, fuel-powered vehicle that has any part of its body missing or has been stripped or partially disassembled, has a broken windshield, has the wheels out, motor out, transmission out, or is missing any part that prevents the vehicle from moving on its own power, and any other mobile equipment that has parts missing, that is pulled or towed by another fuel-powered vehicle, or that lacks valid vehicle registration, a current certificate of inspection, or an ascertainable vehicle identification number.
MOTOR VEHICLE - A vehicle which is self-propelled, except an electric personal assistive mobility device or a vehicle which is propelled solely by human power.

(h)

Chapter 3, Section 302, Exterior Property Areas, Article 302.8, is amended to read:

Motor Vehicles. Except as provided for by use or right, no unregistered or uninspected vehicle shall be parked, kept, or stored on any premises, and no vehicle shall at any time be In a state of major disassembly, disrepair, or In the process of being stripped or dismantled. Painting of vehicles, with automotive spray guns/devices, is prohibited unless conducted inside an approved spray booth.

No person, firm or corporation shall dump, deposit, or accumulate garbage and/or rubbish, Including junked or abandoned vehicles, upon any private or public property in the Township.

Exceptions: This chapter shall not apply to any operable vehicle or equipment that is normally used in the operation of a farm owned or leased by the person actively farming the land.

Notice to correct: After the Code Enforcement Officer determines that a Junked or abandoned vehicle or machinery an accumulation of garbage or rubbish exists, the Office shall notify the owner of the property upon which it is located that it shall be removed within the time specified In the notice of violation.

This section shall not be construed as prohibiting the registered owner of a motor vehicle or part thereof from performing minor repair of said vehicle In the driveway or other area of a residence, provided that the vehicle is registered to someone lying In the residence and done so In accordance with all other Township, state or federal laws.

(i)

Chapter 3, Section 302, Exterior Property Areas, the following article is added:

302.10. Deposits on public streets, sidewalks, and other public rights-of-way. No property owner shall through action or Inaction, cause or allow water, mud, snow, soil, stone, sand, yard debris, refuse, litter, or other substances to accumulate on streets, alleys, or sidewalks. Inaction shall Include, but is not limited to, allowing erosion of materials from properties due to water, wind, subsidence, or other.

(j)

Chapter 3, Article 304.2, "Protective treatment," is hereby eliminated In its entirety pertaining to structures located on land used for agricultural purposes (active farming operations).

(k)

Chapter 3, Article 304.14, "Insect screens," is hereby eliminated In its entirety.

(l)

Chapter 3, Article 304.15, "Doors,'' is hereby eliminated In its entirety.

(m)

Chapter 3, Article 304.16, "Basement hatchways," is hereby eliminated In its entirety.

(n)

Chapter 3, Article 304.18.1, "Doors," is hereby eliminated in its entirety.

(o)

Chapter 3, Article 304.18.2, "Windows," is hereby eliminated in its entirety.

(p)

Chapter 3, Article 304.18.3, "Basement hatchways," is hereby eliminated In its entirety.

(q)

Chapter 3, Section 305, Interior Structure, Article 305.1, General, is hereby eliminated In its entirety and replaced with the following language:

Interior general. Interior of structures must be maintained in a manner that does not create a condition on the property that is reasonably likely to negatively impact the peace, health, safety, and welfare of any residents and/or the public at large.

(r)

Chapter 3, Section 308, Rubbish and Garbage, Article 308.3.1, "Garbage facilities,'' is hereby eliminated in its entirety.