104.6 Department records. An official record shall be kept of all business and activities relating to the administration of this code, and all such records shall be open to inspection by the owner of the property subject to the administrative action as well as any occupant of the premises. The availability of such records to others shall be in accord with the Pennsylvania Right To Know Law, 65 P.S. § 66.2, 1957 P.L. 390, as from time to time amended. Until such time as a decision of the Code Enforcement Officer is appealed, said officer shall keep confidential all evidence which he may discover or obtain in the course of an investigation made pursuant to the administration of this code, and such evidence shall be considered privileged. Evidence so obtained shall not be disclosed except as may be necessary in the judgment of the Code Enforcement Officer for the proper and effective administration and enforcement of the provisions of this chapter and the rules and regulations issued pursuant thereto and shall not otherwise be admissible in any judicial proceeding without the consent of the owner, occupant or other person in charge of the premises subject to the administrative action. [Amended 5-23-2016 by Ord. No. 2016-05] |
106.4 Penalty. Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $150 nor more than $300 at the discretion of the court. Each day a violation continues after due notice has been served shall be deemed a separate offense except as is otherwise provided in Section 106.4 |
106.6 Automatic stay. An appeal from a decision of the code official, or from a citation, notice or order issued under this code, shall act as an automatic stay of the decision, citation, notice or order appealed. The stay provided in this section shall remain in effect during the pendency of the appeal before the Board of Appeals and during the pendency of any subsequent appeals from the Board of Appeals' decision to the courts of this commonwealth. Each day any appeal to the Board of Appeals or the courts of this commonwealth remains pending shall not count as a separate offense for purposes of determining the amount of penalty due for a violation of this code under Section 106.4. | |
Once all appeals have been finally determined and a person has then been given a reasonable opportunity to comply with the decision, citation, notice or order appealed, then each day subsequent to that time that a violation continues shall be considered a separate offense for purposes of Section 106.4. |
107.7 Repeated violations. In the instance of repeated violations of the same section of this code, prosecution may be commenced without additional prior notice to the person or persons repeating the violation. A person shall be considered to be repeating a violation if that person is found to be in violation of a section of this code for the same or similar offense for which the person was cited in the immediately preceding one-hundred-eighty-day period. The one-hundred-eighty-day period shall begin from the date of inspection for curing the previous violation. |
111.1 Application for appeal. Any person directly 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, provided that a written application for appeals is filed within 30 days after the day the decision, notice or order was served. 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 requirements of this code are adequately satisfied by other means. |
111.2 Membership of the Board. The Board of Appeals shall consist of three members appointed by the chief appointing authority, with the initial appointment to be one member to serve for three years, one member to serve for two years and one member for one year. Thereafter, each new member shall serve for three years or until a successor has been appointed. The Borough of Chambersburg Building Code Board of Appeals shall hear appeals under this chapter. In appointing members to the Chambersburg Building Code Board of Appeals as the term for each of the current members expires, the borough shall make every effort to appoint members who meet the following qualifications: | ||
1. | One member should be a registered design professional that is a registered architect, or a building or superintendent of building construction with experience as the person responsible for directing construction activities. | |
2. | One member should be a registered design professional with electrical engineering experience, or an electrical contractor with experience as the person responsible for directing construction activities. | |
3. | One member should be a registered design professional with fire-protection engineering experience, or a fire-protection contractor with experience as the person responsible for directing construction activities. |
111.7 Court review. Any person aggrieved by the final decision of the Board of Appeals may obtain judicial review by filing with the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, within 30 days of the announcement of such decision, a petition praying that the decision be set aside in whole or in part. A copy of each petition so filed shall be forthwith transmitted to the Board of Appeals, which shall file in court a record of the proceedings upon which it based its decision. Upon the filing of such record, the court shall affirm, modify or vacate the decision complained of in whole or in part. The findings of the Board of Appeals with respect to questions of fact shall be sustained if supported by substantial evidence on the record, considered as a whole. |
302.8 Motor vehicles. Except as provided for in other regulations, no currently unlicensed or uninspected motor vehicle, nor any vehicle in a major state of disassembly or disrepair, or in the process of being stripped or dismantled, shall be parked, kept or stored outside of any permanent structure on any premises, unless such use is authorized as a permitted use, evidenced by necessary permits issued by the Borough. |
SECTION 309 PEST ELIMINATION | |
309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved process that will not be injurious to human health. After pest elimination, proper precaution shall be taken to prevent reinfestation. | |
309.2 Responsibility for pest control. The owner of any premises within the Borough is responsible for pest control and elimination on the premises, including within any structure on the premises. |
NOTE: The provisions of Section 309.3 through 309.5 of the International Property Maintenance Code of 2015 are repealed. It is intended that the above provisions shall supersede language similar to Sections 309.3 through 309.5 in any successive International Property Maintenance Code revisions. |
704.8 Responsibilities for installation and maintenance. | ||
704.8.1 Owner responsibilities. | ||
(i) | Provide and install smoke alarms as otherwise provided in this Chapter 7 in all properties offered for lease or rental. | |
(ii) | Replace any approved smoke alarm that has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the rental property and which has not been replaced by the prior occupant before commencement of a new occupancy of the rental property. | |
(iii) | Ensure that the batteries in each approved smoke alarm are in operating condition at the time the new occupant takes residence in the rental property. | |
(iv) | Except as provided in Subsections (i), (ii) and (iii) above, the owner of a dwelling used for rental purposes is not responsible for the maintenance, repair or replacement of an approved smoke alarm or the care and replacement of batteries while the building is occupied. Responsibility for maintenance and repair of smoke alarms shall revert to the owner of the building upon vacancy of the rental property. | |
704.8.2 Occupant responsibilities. The occupant of each dwelling used for rental purposes in which an operational and approved smoke alarm has been provided must: | ||
(i) | Keep and maintain the device in good repair. | |
(ii) | Test the device. | |
(iii) | Replace batteries as needed. | |
(iv) | Replace any device that is stolen, removed, missing or rendered inoperable during the occupancy of the building. | |
(v) | Notify the owner or the authorized agent of the owner, in writing, of any deficiencies pertaining to the approved smoke alarm. |