[Amended 9-11-2023 by Ord. No. 1577]
A certain document, two copies of which are on file in the office of the Borough Secretary, being marked and designated as the International Property Maintenance Code, 2021 edition, as published by the International Code Council, is hereby adopted as the Property Maintenance Code of the Borough of Ephrata, Lancaster County, 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 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 §
245-2 of this chapter. From the date on which this chapter shall take effect, the provisions thereof shall be controlling in the maintenance of all structures, and in all other subjects therein contained, within the corporate limits of the Borough of Ephrata.
[Amended 9-11-2023 by Ord. No. 1577]
A. The following sections of the said International Property Maintenance
Code, 2021 Edition, are hereby revised:
(1) "Borough of Ephrata" shall be inserted wherever the words "name of
jurisdiction" appear in brackets therein.
(2) Whenever the term "legal officer" or "legal representative" is used
in this code, it shall be held to mean the Ephrata Borough Solicitor.
(3) Whenever the term "code official" is used in this code, it shall
be held to mean the Code Enforcement Officer or officer designated
by the Manager of the Borough of Ephrata.
(4) Whenever the term "board of appeals" is used in this code, it shall
be held to mean the Property Maintenance Board of Appeals of the Borough
of Ephrata.
(5) Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as
the Property Maintenance Code of the Borough of Ephrata, hereinafter
referred to as "this code."
(6) Section 103.1 is hereby amended to read as follows:
103.1 Creation of agency. The Borough of Ephrata
Codes Department is hereby created and the official in charge thereof
shall be known as the code official. The function of the agency shall
be the implementation, administration, and enforcement of the provisions
of this code.
(7) A new Section 107.5 is hereby added to read as follows:
107.5 Application fees. A fee for an appeal shall
be established by resolution of the Borough Council of the Borough
of Ephrata which fee shall not exceed the actual costs of publishing
the hearing notice, court reporter services and other necessary administrative
services.
(8) A new Section 107.6 is hereby added to read as follows:
107.6 Open hearing. All hearings before the board
shall be open to the public. The appellant, the appellant's representative,
the code official and any person whose interests are affected shall
be given an opportunity to be heard. A quorum shall consist of not
less than two-thirds of the board membership. The board of appeals
shall schedule meetings and provide public notice of meetings in accordance
with 65 Pa. C.S.A. §§ 701 through 716 (relating to
the Sunshine Act).
(9) Section 108.1 is hereby amended to read as follows:
108.1 Membership of board. The board of appeals
shall consist of a minimum of three members who are qualified by experience
and training to pass on matters pertaining to property maintenance
and who are not employees of the jurisdiction. The code official shall
be an ex-officio member but shall have no vote on any matter before
the board. The board shall be appointed by the Council of the Borough
of Ephrata as the chief appointing authority and shall serve staggered
and overlapping terms. The board of appeals may consist of one or
more members of the Ephrata Borough Uniform Construction Code Appeals
Board.
(10)
A new Section 108.2 is hereby added to read as follows:
108.2 Secretary. The Borough Secretary shall designate
a qualified person to serve as recording secretary to the board. The
secretary shall file a detailed record of all proceedings in the office
of the Borough Secretary.
(11)
A new Section 108.3 is hereby added to read as follows:
108.3 Compensation of members. Compensation of
members may be established by resolution of the Council of the Borough
of Ephrata as authorized by law.
(12)
A new Section 108.4 is hereby added to read as follows:
108.4 Board decision. The board shall affirm, modify,
or reverse the decision of the code official only by a concurring
vote of a majority of the total number of appointed board members.
The decision shall be rendered not later than 45 days from the date
of the last hearing held in the matter. The appeal shall be deemed
granted if a board of appeals fails to act within this time period.
(13)
A new Section 108.5 is hereby added to read as follows:
108.5 Records and copies. The decision of the board
shall be in writing and shall be recorded. Copies of the decision
shall be furnished to the appellant in person or by first-class mail
and to the code official within five business days of the date of
the decision.
(14)
A new Section 108.6 is hereby added to read as follows:
108.6 Judicial Review. Appeals from the decision
of the board shall be made to the Lancaster County Court of Common
Pleas not later than 30 days from the entry of the decision and order
of the board pursuant to the provisions of 42 Pa. C.S.A. § 101
et seq.
(15)
Section 109.4 is hereby amended to read as follows:
109.4 Violation penalties. Any person, firm, or
corporation who or which shall violate any provision of this code
shall, upon conviction thereof, be subject to a fine of not more than
$1,000 plus costs of prosecution, and, in default of payment, to imprisonment
for not more than 30 days. Each day that a violation of this code
continues shall constitute a separate offense.
(16)
Section 110.4 is hereby amended to read as follows:
110.4 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 less than $100
or more than $1,000. Each day that such work shall continue shall
constitute a separate offense.
(17)
Section 202 is hereby amended to add the following terms:
Naturalized Area: A landscape area that has been
allowed to establish vegetation through a combination of natural regeneration
and deliberate plantings of native and nonnative species of wildflowers,
annuals, perennials, shrubs and grasses or a combination thereof to
emulate a natural area monitored and maintained by the property owner.
No-mow zone: Area where vegetation is required
to prevent erosion or excessive stormwater runoff.
(18)
Section 302.3.1 is amended to add a new subsection as follows:
302.3.1 Snow and ice removal. Any person, firm
or corporation owning any property within the Borough of Ephrata shall
remove all accumulation of snow or ice from the sidewalk within 24
hours after the ceasing of the snowfall or ice storm or the formation
of the ice. No person, firm or corporation shall deposit or cause
to be deposited any snow, ice, hail, or sleet upon any plowed portion
of a Borough street or road.
(19)
Section 302.4 is hereby amended to read as follows:
302.4 Weeds. All premises and exterior properties
within 100 feet of any habitable structure or building shall be maintained
free from weeds in excess of six inches; provided, however, that this
height restriction does not apply to naturalized areas, riparian buffers,
managed meadows, and other no-mow zones, as determined by the municipality.
All noxious weeds shall be prohibited throughout any premises and
exterior properties. 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.
(20)
Section 302.8 is hereby amended to read as follows:
302.8 Motor vehicles. Except as provided for in
other regulations, no inoperative, unlicensed, or uninspected motor
vehicle that constitutes a nuisance 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 is prohibited unless conducted
inside an approved spray booth.
Exception: A vehicle of any type is permitted to
undergo major overhaul, including body work, provided that such work
is performed inside a structure or similarly enclosed area designed
and approved for such purposes.
(21)
Section 304.14 is hereby amended to add the following subsection:
304.14. Insect screens. During the period from
April 1 to October 1, 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 not less than 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.
(22)
Section 304.20 is hereby added to read as follows:
304.20 Stormwater drainage. All stormwater drainage, detention and conveyance facilities shall be provided, installed, and maintained in accordance with the requirements of Chapter
275, Stormwater Management, of the Code of the Borough of Ephrata, as amended from time to time.
(23)
Section 308.4 is hereby added to read as follows:
308.4. Location of rubbish or garbage containers. All rubbish, refuse, garbage and recycling containers shall be kept
to the rear of the dwelling, apartment building, storeroom, restaurant
or other principal building on any lot. At no time shall any vessels,
receptacles or containers be placed or kept upon the alley, street,
sidewalk, or public place or in front of any building, residence or
retail or wholesale establishment.
(24)
Section 401.1 is hereby amended to read as follows:
401.1 Scope. The provisions of this chapter shall
govern the minimum conditions and standards of light, ventilation,
and space for occupying a structure/building. The Property Maintenance
Code of the Borough of Ephrata is not intended to govern bodies of
temporary facilities for the purpose of residential occupancy. Occupancy
is prohibited for such temporary facilities as tents, recreational
vehicles or any other type of movable or removable facility that is
not built or constructed in a stationary location. The above is not
intended to be inclusive of all temporary facilities. Further, any
other ordinance in the Code of Ordinances of the Borough of Ephrata
which may be stricter in terms of application regarding this issue
shall take precedence over this provision.
(25)
Section 404.8 is hereby added
to read as follows:
Section 404.8 Rooming houses. Minimum standards
for rooming houses: No person shall operate a rooming house or shall
let to another for occupancy any morning unit in any rooming house
which does not comply with the following minimum standards for rooming
houses.
(1)
Every rooming house shall have at least one flush water closet,
one lavatory basin and one bathtub or shower properly connected to
a water and sewer system in good working condition, for each five
persons residing therein (including members of the operator's
family) who share the use of the facilities. All facilities shall
be located within a room which is not more than one floor above or
below the rooming unit intended to be served for such facility; nor
shall such facility be located in a place requiring passage through
part of any other rooming unit.
(2)
When the operator of a rooming house supplies bed linen and
towels, they shall change these at least twice each week and prior
to the letting of any room to any new occupant. The owner shall be
responsible for the wholesomeness and cleanliness of all supplied
bedding.
(3)
Every room occupied for sleeping purposes shall contain at least
70 square feet of floor space for the initial occupant and at least
50 additional square feet for each additional occupant.
(4)
Every rooming unit shall have safe and unobstructed means of
egress open to ground level.
(5)
The operator or owner of every rooming house shall be responsible
for the sanitary maintenance of all walls, floors and ceilings and
all shared parts of the rooming house.
(6)
The operator or owner of a rooming house shall keep a current
list of all occupants at all times in a permanently bound register
which shall be available for inspection by the Code Enforcement Officer.
(7)
No occupant of any rooming unit shall prepare or cook food in
any room used for sleeping purposes, nor shall the owner or operator
of any rooming house permit the preparation or cooking of food in
any room used for sleeping purposes.
404.8.1 The provisions of this chapter which apply
to rooming houses shall also apply to hotels and motels.
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(26)
Section 602.3 is hereby amended to read as follows:
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 temperature of not less than
68° F. (20° C.) in all habitable rooms, bathrooms and toilet
rooms.
(27)
Section 602.4 is amended to read as follows:
602.4 Occupiable workspaces. Indoor occupiable
workspaces shall be supplied with heat during the period from October
1 to May 1 to maintain a temperature of not less than 65° F. (18°
C.) during the period the spaces are occupied.
Exceptions:
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1.
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Processing, storage, and operation areas that require cooling
or special temperature conditions.
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2.
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Areas in which people are primarily engaged in vigorous physical
activities.
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In all matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
commonwealth promulgated by authority of law, such laws or regulations,
as the case may be, shall control where the requirements thereof are
the same as or in excess of the provisions of this chapter. This code
shall control in all cases where the state requirements are not as
strict as those contained in this chapter.
The provisions of this chapter so far as they are the same as
those of ordinances and/or codes in force immediately prior to the
enactment of this chapter, are intended as a continuation of such
ordinances and codes and not as new enactment. The provisions of this
chapter shall not affect any act done or liability incurred, nor shall
they affect any suit it prosecution pending or to be instituted to
enforce any right or penalty or punish any offense under the authority
of any of the repealed ordinances.
Nothing in this chapter or in this Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in §
245-2 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Added 9-11-2023 by Ord. No. 1577]
In addition to other enforcement remedies provided in this chapter,
the Code Enforcement Official or Ephrata Borough Police Department
are hereby duly authorized to issue a ticket in a form established
by the Borough to any owner, occupant, or person violating the provisions
of this chapter. The ticket shall identify the address of the property
where the violation exists, as well as the nature of the violation.
The ticket may be handed to an owner or occupant of the property,
affixed to a door on the property where the violation exists fronting
a right-of-way, or conspicuously posted on the property. The ticket
shall instruct such violator that if he, she, or they reports to the
Borough office and pays to the Borough the sum of up to $100 for a
first offense, $150 for a second offense, and $200 for each subsequent
offense within a calendar year, within 10 days of the date of issuance
of the ticket, then such payment shall save such violator from prosecution
by a citation, which prosecution may result in court costs and attorneys'
fees being assessed against the violator in addition to the fine.
In any event, if a ticket is not paid in full within 10 days of issuance,
the official authorized to issue tickets shall issue a citation to
the violator, or initiate other appropriate enforcement action. Notwithstanding
the foregoing, the Code Enforcement Official or his designee(s) shall
have the sole and absolute discretion to issue a citation without
first issuing a ticket as provided for herein.