Borough of Carlisle, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Carlisle 3-10-2005 by Ord. No. 2032, approved 3-10-2005; amended in its entirety 1-10-2008 by Ord. No. 2091, approved 1-10-2008. Amendments noted where applicable.]
Board of Appeals — See Ch. 5.
Keeping of animals — See Ch. 80.
Building construction — See Ch. 89.
Fees — See Ch. 120.
Refrigerators and freezers — See Ch. 189.
Snow and ice removal — See Ch. 223, Art. III.
Trees — See Ch. 239.
There is hereby adopted in its entirety by the Borough Council of the Borough of Carlisle, that certain property maintenance code known as the "International Property Maintenance Code/2006," as published by the International Code Council, Inc., save and except such portions as are hereinafter deleted, modified or amended. Copies of this chapter and the said International Code are on file in the office of the Borough of Carlisle. Any amendments or supplements by said publisher to the 2006 Code after its initial publication are not intended to be adopted hereby.
The following procedures shall be followed for the issuance of a permit to allow any building or structure to be partially or completely demolished (specifically excepting minor repairs and replacement), except for the partial or complete demolition of a building or structure in the INS Institutional District, which shall be governed by § 255-132E of Chapter 255.
[Added 8-9-2018 by Ord. No. 2307, approved 8-9-2018]
An application must be submitted for the issuance of a permit to allow any building or structure to be partially or completely demolished. The application shall include the following:
A schedule of anticipated work with proposed dates and times, together with a description of how the project will conform to noise minimization standards, how work activities will conform to Chapter 170 of the Borough Code, and what dust control/spraying will be utilized. Except for emergency work, demolition related noise shall stop by 9:00 p.m.;
A plan or written statement how site safety and security will be managed, including the use of perimeter barricades/fencing, with appropriate safety lighting and signage, around the entire work site. The applicant shall also indicate if a dumpster permit has been applied for and issued, and whether it will impact safe traffic flow and visibility;
A statement whether the demolition will involve a building/structure which shares a common or connected walls and roof. In these cases, plans shall be submitted that have been reviewed and approved by a licensed architect or engineer to ensure that proper building stability, structural integrity and safety is addressed;
A written statement that all electric, telephone, cable, sewer, and water services, etc. are disconnected. Contractor shall contact Borough staff to verify that sewer/water laterals are capped at the main, unless constructing new building (trench must be backfilled to prevent freezing);
A written statement, provided by the applicant, indicating whether the property, building or structure is listed on the Cumberland County Register of Historic Places and the Pennsylvania Historical and Museum Commission's National Register of Historic Places, and describing research undertaken to determine whether the Cumberland County Historical Society has any evidence of the building or structure having architectural or other historic value and a statement of such findings;
A written statement, provided by the applicant, indicating whether the subject property is wholly or partially within the Borough's Historic Preservation Overlay District;
A written statement, provided by the applicant, indicating whether the demolition will involve any damage, trimming, or removal of existing boulevard or street trees, and evidence of required approval by the Borough Shade Tree Commission;
A list, provided by the applicant, of the names and addresses of all property owners of record within a two-hundred-foot radius of the lot lines of the subject property where the demolition is proposed to take place. The applicant shall confirm these names and addresses with the records of the Cumberland County Assessment Office. Upon receipt of a completed building and/or demolition permit application, the Borough Code official, or his/her designee, shall forward a notice, by first class mail, to those property owners identified in the submitted list. In addition, the Code Official or his/her designee shall post the property where the demolition is proposed providing public notice of the submission of the demolition application/request;
Evidence that the applicant provided any required notice to DEP of the proposed demolition, or an explanation as to why such notice was not required; and
Evidence of the contractor's current liability insurance coverage in an amount of at least $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage. Where any demolition shall take place on or from a public street, avenue or sidewalk, the Borough shall be named an additional insured under the liability insurance and evidence of same provided as a condition of issuing the demolition permit.
The Borough Code official shall not issue or approve a demolition permit until a minimum of 15 days have transpired from the receipt of a complete application package and the mailing of the notices described in Subsection B(1)(h), above.
The applicant shall be responsible for notifying the Borough of Carlisle Fire Chief and Police Department of the date and time when demolition will commence, within 48 hours of the issuance of the demolition permit by the Borough.
The provisions of his chapter shall take effect upon enactment, provided that where a permit has already been issued for work conforming to prior standards in the nature of alteration, addition, repair, removal, demolition or use of buildings or structures, this chapter as previously existing shall govern said work.
The following insertions are made as indicated in the International Property Maintenance Code/2006:
Section 101.1, page 1, second line of section, "Borough of Carlisle."
Section 304.14, page 10, first line of section, "May 30," and second line of section, "August 31."
Section 602.3, page 17, fifth line of section, "October 15 to April 30."
Section 602.4, page 17, third line of section, "October 15 to April 30."
The following sections are added to the International Property Maintenance Code/2006:
107.1.1 Exception. The notice requirements of this section shall not apply where the code official determines that a violation of this code presents an immediate threat to public health, safety or welfare, in which instance the code official may directly prosecute as authorized under section 106.3.
(P) SECTION 507.0
507.2 Prohibited drainage. Stormwater shall not drain into sewers or sewer lines which convey sanitary sewer.
The following sections or provisions of the International Property Maintenance Code/2006 are hereby revised to state 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 of the applicable building code, plumbing code, mechanical code, fuel gas code and electrical code as lawfully adopted by the Borough of Carlisle elsewhere in the Code of the Borough of Carlisle. All references in the International Property Maintenance Code/2006 to the International Building Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code and the ICC Electrical Code shall apply instead to the applicable code adopted by the Borough of Carlisle. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Carlisle Zoning Ordinance.[1]
103.1 General. The responsibility for administration and enforcement of the Carlisle Property Maintenance Code is hereby conferred upon the Borough's Chief Code Enforcement Officer, who shall have that authority identified as the "code official" throughout the International Property Maintenance Code/2006.
103.5. Fees. The fees for activities and services performed by the department in the Code Enforcement Office in carrying out its responsibilities under this code shall be paid in accordance with Chapter 120 (Fees) of the Code of the Borough of Carlisle, as enacted and ordained, and as may from time to time be amended.
106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements therefor, shall, upon conviction thereof, be subject to a fine of not less than $50 nor more than $1,000 or imprisonment for a term not to exceed 30 days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served, when required, shall be deemed a separate offense.
111.1 Application for appeal. Any person affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals pursuant to Chapter 5 (Appeals, Board of) of the Code of the Borough of Carlisle, which adopted and established a Board of Appeals which shall hear matters pertaining to the property maintenance code, inter alia. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches (152 mm). Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs. Exceptions:
Cultivated flowers and gardens.
Lands in current agricultural production.
Undeveloped lots of record greater than one acre in size, provided that a twenty-foot-wide buffer area be provided adjacent to all abutting developed properties and public streets or sidewalks in which no weeds or plant growth in excess of six inches shall be permitted.
Editor's Note: See Ch. 255, Zoning.
The following sections or provisions of the International Property Maintenance Code/2006 are hereby deleted:
The title for Section 103 and Section 103.1 in their entirety.
Section 111, Means of Appeal, in its entirety (includes §§ 111.1 through 111.8, inclusive.
Section 102.3, Application of other codes, in its entirety.
Nothing in this chapter or in the International Property Maintenance Code/2006 hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred or any cause or causes of action required or existing under this chapter as previously existing, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
This chapter, together with the International Property Maintenance Code/2006, shall be known, and may be cited, as the "Carlisle Property Maintenance Code."
In recording the ordinance adopting this chapter, the Borough Secretary is directed to attach an accompanying notation stating where the full text of the code shall have been filed for public inspection. [Note: A copy of the International Property Maintenance Code/2006 is available for public inspection in the Codes and Engineering Department of the Borough of Carlisle (53 West South Street, Carlisle, Pennsylvania), between the hours of 7:30 a.m. and 4:30 p.m., weekdays, except during Borough-observed holidays.]
The invalidity of any section or provision of this chapter, including the International Property Maintenance Code/2006, herein adopted, shall not invalidate other sections or provisions thereof.