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
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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.
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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.
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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.
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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.
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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:
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1.
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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.
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2.
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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.
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3.
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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.
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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.
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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.
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SECTION 309
PEST ELIMINATION
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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.
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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.
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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.
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704.8 Responsibilities for installation and maintenance.
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704.8.1 Owner responsibilities.
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(i)
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Provide and install smoke alarms as otherwise provided in this Chapter 7 in all properties offered for lease or rental.
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(ii)
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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.
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(iii)
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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.
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(iv)
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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.
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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:
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(i)
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Keep and maintain the device in good repair.
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(ii)
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Test the device.
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(iii)
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Replace batteries as needed.
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(iv)
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Replace any device that is stolen, removed, missing or rendered
inoperable during the occupancy of the building.
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(v)
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Notify the owner or the authorized agent of the owner, in writing,
of any deficiencies pertaining to the approved smoke alarm.
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