[HISTORY: Adopted by the Borough Council
of the Borough of Brookville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-7-2010 by Ord. No. 1070[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
I, Property Maintenance Code, adopted 5-4-1993 by Ord. No. 959.
A certain document, three copies of which are on file in the office of the Secretary of the Borough of Brookville, Jefferson County, Pennsylvania, being marked and designated as the International Property Maintenance Code, 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Brookville, Jefferson 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 Secretary of the Borough of Brookville, Jefferson County, Pennsylvania, are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 161-2 of this chapter.
The following sections are hereby revised:
A.
In Section 101.1, replace [Name of Jurisdiction] with "the Borough
of Brookville, Jefferson County, Pennsylvania."
B.
In Section 102.3, replace this section in its entirety with:
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Section 102.3 Application of other codes. Repairs,
additions or alterations to a structure, or changes of occupancy,
shall be done in accordance with the provisions of the Pennsylvania
Uniform Construction Code, and any codes adopted pursuant thereto.
Any reference in this Code to the International Building Code, International
Fire Code, International Fuel Gas Code, International Mechanical Code,
International Plumbing Code, or any other code, including but not
limited to ASME, ASTM or NFPA standards or codes, shall mean the version
of that particular code or standard adopted by or currently in effect
through the Pennsylvania Uniform Construction Code.
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C.
In Section 103.1, replace this section in its entirety with:
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Section 103.1 General. The Code Enforcement Officer
of the Borough of Brookville, Jefferson County, Pennsylvania, shall
be known as the code official.
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D.
In Section 103.5, replace [JURISDICTION TO INSERT APPROPRIATE SCHEDULE]
with "as set by resolution of the Council of the Borough of Brookville
from time to time."
E.
In Section 111.7, delete "for a writ of certiorari" from paragraph
and replace "Chief Administrative Officer" with "Secretary of the
Borough of Brookville."
F.
In Section 112.4, replace the first [AMOUNT] with "$50." Replace
second [AMOUNT] with "$500."
G.
In Section 302.4, replace (jurisdiction to insert height in inches)
with "10 inches."
H.
In Section 304.14, replace "[DATE] to [DATE]" with "March 1 to October
31."
I.
In Section 602.3, replace "[DATE] to [DATE]" with "October 1 to April
30."
J.
In Section 602.4, replace "[DATE] to [DATE]" with "October 1 to April
30."
Ordinance No. 959 of the Borough of Brookville, Jefferson County,
Pennsylvania, adopting the 1993 BOCA National Property Maintenance
Code, and all other ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Nothing in this article or in the 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 § 161-3 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
[Adopted 8-7-2018 by Ord. No. 1100[1]]
[1]
Editor's Note: This ordinance superseded former Art. II, Weeds
and Grass, adopted 9-4-2007 by Ord. No. 1054.
No person, firm or corporation owning or occupying any property
within the Borough of Brookville shall permit any grass or weeds or
any vegetation whatsoever, not edible or planted for some useful or
ornamental purpose, to grow or remain upon such premises so as to
exceed a height of 10 inches, or to throw off any unpleasant or noxious
odor, or to conceal any filthy deposit, or to create or produce pollen.
Any grass, weeds or other vegetation growing upon any premises in
the Borough of Brookville in violation of any of the provisions of
this section is hereby declared to be a nuisance and detrimental to
the health, safety, cleanliness and comfort of the inhabitants of
the Borough of Brookville.
The owner of any premises, or the occupant of premises occupied by other than the owner, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 161-4.
The Council or any officer or employee of the Borough of Brookville, designated thereby for this purpose, is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 161-4 of this article, directing and requiring such owner or occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this article, within five days after issuance of such notice. Whenever, in the judgment of the Enforcement Officer/Inspector, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Council or any officer or employee of the Borough of Brookville designated thereby for that purpose may give notice by posting conspicuously on the property where such nuisance exists a notice or order directing and requiring that such nuisance be abated within five days. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Council may order the removal, trimming or cutting of such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof, shall be collected by the Borough of Brookville from such person, firm or corporation in the manner provided by law.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine not more than $600 and/or to undergo imprisonment for a term
not to exceed 30 days. Each day that a violation of this article continues
after notice shall constitute a separate offense. The Court may also
assess court costs and reasonable attorney fees incurred by the Borough
in the enforcement proceedings.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed, with the exception of any provisions
contained within the International Property Maintenance Code adopted
by Ordinance 1070, including any amendments thereto, which shall remain
in full force and effect.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Council that this article would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
This article shall become effective immediately.
