Borough of Catasauqua, PA Article I Property Maintenance Code

[Adopted 6-6-2016 by Ord. No. 1330[1]]

[1] Editor’s Note: This ordinance also repealed former Art. I, Property Maintenance Code, adopted 6-5-1995 by Ord. No. 1033 (Ch. IV, Part 4, of the 1962 Code), as amended in its entirety 5-1-2006 by Ord. No. 1196.

§ 130-1 Adoption of standards.

A certain document, three copies of which are on file in the office of the Borough Manager of the Borough of Catasauqua, being marked and designated as the International Property Maintenance Code, 2012 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Catasauqua, in the Commonwealth of 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 of Catasauqua 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 § 130-2 of this article.

§ 130-2 Modification of standards.

The following sections of the International Property Maintenance Code, 2012 Edition, are hereby revised as follows:

A. In Section 101.1, insert: "Borough of Catasauqua."

B. In Section 103.5, insert: "as adopted by resolution of Borough Council from time to time."

C. Modify Section 104.2 to add the following after the last sentence: "The Borough Manager may approve the use of such persons if the expense does not exceed $500."

D. Delete Section 106.3 in its entirety.

E. Amend Section 106.4 in its entirety to read: "Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be subject to a fine of up to $1,000 per day. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The Borough shall have the right to institute an appropriate proceeding at law or in equity to enjoin a violation of any provision of the International Property Maintenance Code, 2012 Edition, and seek civil penalty as provided above as part of the injunctive relief, together with attorney's fees and costs."

F. In Section 112.4, insert: "$300" and "$1,000."

G. In Section 302.4, insert: "six inches."

H. In Section 304.14, insert: "April 1" and "October 31" in the appropriate locations.

I. In Section 602.3, insert: "October 1" and "April 30" in the appropriate locations.

J. In Section 602.4, insert: "October 1" and "April 30" in the appropriate locations.

§ 130-3 Administration and enforcement; definitions.

A. Office of Code Enforcement. The administration of this article and of the International Property Maintenance Code, 2012 Edition, shall be carried out by the Office of Code Enforcement of the Borough of Catasauqua in accordance with the procedures established by Chapter 125 of the Code of Ordinances of the Borough of Catasauqua and by the International Property Maintenance Code, 2012 Edition, hereby adopted.

B. The following terms, as used in the International Property Maintenance Code, 2003 Edition, shall have the following meanings:

BOARD OF APPEALS

The Code Hearing Board.

CODE OFFICIAL

The Code Enforcement Officer of the Borough of Catasauqua.

CORPORATE COUNSEL

The Solicitor of the Borough of Catasauqua.

DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION

The Office of Code Enforcement of the Borough of Catasauqua.

§ 130-4 Construal of provisions; validity; title; conflicts.

A. There shall be nothing in this article, or in the Property Maintenance Code hereby adopted that 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 § 130-2 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.

B. Validity. The invalidity of any section or provision of this article or of the code hereby adopted shall not invalidate any other sections or provisions thereof.

C. Short title. This article, together with the International Property Code, 2012 Edition, adopted herein, shall be known and considered to be the "Property Maintenance Code of the Borough."

D. Conflict of ordinances or resolutions. Any ordinance or resolution, or part of ordinance or resolution, in conflict with this article is hereby repealed insofar as the same affects this article, except that where a section of the International Property Maintenance Code, 2012 Edition, conflicts with the provisions of Chapter 125 of the Code of Ordinances of the Borough of Catasauqua, establishing the Office of Code Enforcement, the provisions of the Chapter 125 shall take precedence over this code section.

§ 130-4.1 Enforcement personnel.

The Code Enforcement Officer, Building Inspector and/or the Building Code Official are hereby appointed to enforce the terms of this article.