Borough of Ephrata, PA Property Maintenance

[1]

Editor's Note: This chapter also repealed former Ch. 245, Property Maintenance, adopted 8-12-1991 by Ord. No. 1210, amended in its entirety 4-8-1996 by Ord. No. 1279.

[Amended 9-11-2023 by Ord. No. 1577]

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.

(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:
1.	Processing, storage, and operation areas that require cooling or special temperature conditions.
2.	Areas in which people are primarily engaged in vigorous physical activities.