[HISTORY: Adopted by the Borough Council
of the Borough of Denver 6-28-2004 by Ord. No. 541. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Denver Borough Property Maintenance Code."
[Amended 11-27-2006 by Ord. No. 563; 8-29-2016 by Ord. No. 631]
A certain document, copies of which have been and are presently on file in the office of the Secretary of the Borough of Denver, Lancaster County, Pennsylvania, being marked and designated as "International Code Council, Inc., International Property Maintenance Code/2015," be and is adopted as the Property Maintenance Code of the Borough of Denver, creating a code of property maintenance regulations for the protection of public health, safety and welfare as herein provided. Each and all of the regulations of the International Property Maintenance Code/2015, except as provided in § 140-3 of this chapter, are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, enumerated in § 140-3.
[Amended 11-27-2006 by Ord. No. 563; 7-29-2013 by Ord. No. 612; 8-29-2016 by Ord. No. 631]
Changes from the International Property Maintenance
Code/2015 to the Property Maintenance Code of the Borough of Denver
are as follows:
A.
Section 101.1 shall be amended by inserting "Borough
of Denver, Lancaster County, Pennsylvania."
B.
Section 103.5 shall provide as follows:
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103.5. Fees. The fees for activities
and services performed by the Code Official in carrying out his responsibilities
under this Code shall be established by resolution or ordinance of
Borough Council.
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C.
Sections 106.2, 106.3, and 106.4 shall provide as
follows:
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106.2. Notice of Violation. When
it appears that a violation of this Code exists, the Code Official
shall serve a notice of violation or order in accordance with Section
107 except as provided below:
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106.2.1. The Code Official shall
not be required to send a notice of violation in cases of imminent
danger.
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106.2.2. The Code Official may
provide a single notice of violation for multiple violations of Sections
302.4 and 308 in a single calendar year by following the procedures
set forth in such sections.
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106.2.3. The Code Official and
police officers shall not be required to send a notice of violation
prior to the institution of summary criminal proceedings for violations
of Section 302 or 305 of this Code.
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106.3. Prosecution of Violation. If the Code Official has served a notice of violation and the notice
of violation is not complied with within the time specified in such
notice, or if the Code Official determines that there is insufficient
time to serve a notice of violation or that such notice of violation
will have no practical or beneficial effect, the Code Official shall
notify Council of the violation and shall request Council to authorize
institution of enforcement proceedings against the violator and/or
authorize the Borough Solicitor to institute the appropriate proceedings
at law or in equity to restrain, correct, or abate such violation
or to require the removal or termination of the unlawful occupancy
of the structure in violation of the provisions of this Code or any
order or direction made pursuant thereto. If the Code Official or
if any police officer of the Borough observes a violation of Section
302 or Section 305 of this Code, in addition to the foregoing such
Code Official or police officer is hereby empowered to institute summary
criminal proceedings against the violator.
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106.4. Penalty. Any person who
shall violate a provision of this Code; or who shall fail to comply
with any of the requirements thereof; or who shall use, maintain or
alter a lot, building or structure in violation of any approved plan
or directive of the Code Official or of any order, permit or certificate
issued under the provisions of this Code; or who shall violate any
order of the Code Official; or who shall fail to remedy or who shall
negligently or improperly remedy any health hazard; or who shall fail
to completely implement a plan to remedy a health hazard which has
been reviewed and approved by the Code Official shall be liable upon
summary conviction therefor to fines and penalties of (a) not less
than $100 nor more than $1,000 plus all costs of prosecution for a
first offense, (b) not less than $200 nor more than $1,000 plus all
costs of prosecution for a second offense, and (c) not less than $300
nor more than $1,000 plus all costs of prosecution for a third offense,
which fines and penalties may be collected as provided by law. All
fines and penalties collected for violation of this Code shall be
paid over to the Borough Treasurer. Each day that a violation continues
and each section of this Code which is violated shall be deemed a
separate offense. This Code may also be enforced by an action in equity
brought in the Lancaster County Court of Common Pleas. Upon summary
conviction or in a civil action, the defendant may be assessed reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings
in accordance with Section 3321(6) of the Borough Code.[1]
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[1]
Editor’s Note: See 8 Pa.C.S.A. § 3321, Subdivision
(a)(5).
D.
Section 107.3 shall provide as follows:
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107.3. Method of Service. Service
of said notice shall be made upon the owner or occupant of the said
premises in any of the following manners: by delivering the same to
such owner or occupant personally or by delivering the same to and
leaving it with any adult person in charge of the said premises or
by affixing the same in a conspicuous position upon said premises
or by sending said notice by certified or registered mail addressed
to the owner at the last known address with return receipt requested.
Such procedures shall be deemed the equivalent of personal notice.
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E.
Insert new Sections 107.6 through 107.6.2 which shall
provide as follows:
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107.6. Notice to Abate Health Hazard or
Public Nuisance. It shall be the duty of the Code Official
to cause a notice to be served upon the owner or occupant of any premises
whenever property is maintained so as to constitute a health hazard
or a public nuisance and to require abatement of the health hazard
or public nuisance within 10 days from the date of service of such
notice or such other time period as may be set forth in the notice.
Service of such notice shall be as provided in Section 107.3.
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107.6.1. Performance of Work Upon Noncompliance
with Notice. In the event that the owner or occupant shall
refuse or neglect to abate such health hazard or public nuisance within
the time period as required by such notice, or in the event that the
owner or occupant shall perform action necessary to eliminate the
health hazard in a negligent or incomplete fashion, the Code Official
may cause such condition to be eradicated and/or removed, or take
action necessary to eliminate such health hazard or nuisance of which
the owner or occupant has been notified, keeping an account of the
expenses of inspecting the premises, service of notice and abating
the health hazard and nuisance. All such costs and expenses shall
be charged to and paid by the owner or occupant.
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107.6.2. Collection of Costs. All
costs and expenses the Borough incurs in the abatement of such health
hazards and public nuisances shall be a lien upon the premises, and
whenever a bill therefore remains unpaid after it has been rendered,
the Borough Solicitor shall file a municipal claim and/or civil action
for such costs and expenses, together with a penalty of 10% of the
costs and expenses, and for allowable attorneys' fees, in the manner
provided by law for the collection of municipal claims and/or the
filing of civil actions.
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F.
Section 110.3 shall provide as follows:
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110.3. Failure to Comply. Whenever
the owner of a property fails to comply with a demolition order within
the time period prescribed, the Code Official shall request the Borough
Solicitor to institute an action at law or in equity against the property
owner to obtain an order authorizing the Code Official to raze and
remove such structure or contract for the razing and removal of such
structure at the expense of the owner of the property. At the completion
of such razing and removal, the Borough Solicitor shall file a municipal
claim as a lien against the property in the amount of the Borough's
costs plus a penalty of 10% of such costs and for allowable attorneys'
fees. The Borough Solicitor may also institute any proceedings at
law or in equity to provide for the collection of the Borough's costs
and expenses.
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G.
Section 110.4 shall be deleted in its entirety.
H.
Section 111, Means of Appeal, shall be deleted in
its entirety. A new Section 111, Appeals, shall be inserted which
shall provide as follows:
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111.1. Appeals. An appeal from
any decision of the Code Official may be taken to Borough Council.
Such appeal shall be made in writing within 10 days after such decision
has been made. The appeal shall be verified by an affidavit, shall
state the grounds therefor and shall be filed with the Borough Secretary.
The appeal shall be accompanied by the appeal fee which shall be established
by ordinance or resolution of Borough Council. The appellant or his
representative shall have the right to appear and be heard, if such
right is requested in the written appeal. Borough Council shall make
a prompt decision on such appeal. In making a decision, Borough Council
may vary or modify any provision of this Code where there are practical
difficulties in the way of executing the strict letter of the law
so that the spirit of the law shall be observed, public safety secured,
and substantial justice done. Such variation or modification shall
be the minimum necessary in order to grant relief. Borough Council
shall render a written decision, copies of which shall be provided
to the Code Official and the appellant.
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I.
ABATE/ABATEMENT
BOROUGH
BOROUGH COUNCIL
EXPOSED SURFACE
HEDGE
LEAD-BASED COATING
RECOGNIZED METHOD OF ANALYSIS
VEHICLE, HAZARDOUS
(1)
(2)
(3)
Section 202, General Definitions, shall be amended
by inserting the following definitions:
When used in connection with lead-based coating, the reduction
of, removal of, or encapsulation of lead, followed by thorough cleanup
and post-cleanup treatment, from the surfaces and sources that promote
exposure resulting in the possibility of lead toxicity or poisoning,
which abatement shall be in a manner approved or determined to be
appropriate by the Code Official. The methods of abatement and subsequent
disposal of lead shall not present a hazard to health from fumes,
dust or vapors by inhalation, ingestion or absorption through the
skin and mucous membranes and shall be in accordance with all applicable
laws, ordinances, regulations and safety standards of the Borough,
the state and federal agencies.
The Borough of Denver, Lancaster County, Pennsylvania.
The governing body of the Borough.
When used in connection with lead-based coatings, all interior
surfaces of a dwelling or other structures which may be occupied by
children and those exterior surfaces of such dwelling or structures
which are readily accessible to children under six years of age, such
as stairs, decks, porches, railings, windows, doors and sidings. Any
yard or other area in the vicinity of a dwelling or structure, including
without limitation any soil, yard or other area which may be subject
to contamination from flaking or peeling lead-based coatings or any
other source of lead is also considered an exposed surface.
A series of bushes, shrubs or evergreen trees planted or
grown in a compact and continuous line along a property line separating
two or more parcels.
[Added 3-9-2020 by Ord.
No. 664]
Any paint, varnish, glaze or other applied liquid surface
coating and putty or plaster which contains a quantity of lead in
excess of 0.6 milligram per square centimeter of surface.
Any recognized method of lead detection and analysis which
results in measurement of lead in milligrams in a square centimeter
of a particular area, including without limitation a radio isotope
x-ray fluorescent analyzer for in-place determination of lead content.
A vehicle, including but not limited to an automobile, bus,
van, truck, recreational vehicle or trailer, which:
Contains one or more broken windows or one or
more missing doors or a missing trunk or hood which allow entry into
the vehicle by children or vermin; or
Is structurally unstable or supported by blocks,
jacks or other devices which may slip or move, presenting a danger
to passersby; or
Is parked upon property in such a manner as
to obstruct the vision of drivers or interfere with the free movement
of pedestrians or traffic or create a fire hazard.
J.
Insert a new Section 301.4 which shall provide as
follows:
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301.4. Interference with Compliance. No person shall take or cause any person to take any action which
creates a condition which results in a premises violating any requirement
of this Code, including but not limited to the tampering with water
service or sewer service or facilities, depositing of rubbish or garbage
or any other discarded materials on a premises, removal of fire extinguishers,
and blocking exits. Notwithstanding the foregoing, it shall not be
a violation of this Code for the supplier of public water service
to cease service for nonpayment of water or sewer rates or charges
in accordance with applicable laws and procedures.
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K.
Section 302.4 shall provide as follows:
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302.4. Weeds. All premises and
exterior property shall be maintained free from weeds or plant growth
in excess of six inches. All noxious weeds shall be prohibited. Weeds
shall be defined as all grasses, annual plants and vegetation, other
than trees or shrubs; provided, however, this term shall not include
cultivated flowers and gardens, protected wild flowers, agricultural/edible
applications, and wetlands. The failure to maintain a premises and
exterior property free from weeds or plant growth in excess of six
inches is a violation of the provisions of this Code, whether or not
the Borough Council, Code Official, or other officer or employee of
the Borough provides the notice set forth below. Any police officer
of the Borough and the Code Official may institute summary enforcement
proceedings pursuant to Section 106 of this Code. Such prosecution
shall not prevent the Borough from also proceeding under the provisions
of this section to abate nuisance conditions on the property.
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Borough Council, the Code Official or any officer
or employee of the Borough designated for this purpose is hereby authorized
to give notice, by personal service, by United States mail or by posting
the property, to the owner of any premises whereon grass, weeds or
other vegetation is growing or remaining in violation of the provisions
of this Code, directing and requiring such owner to remove, trim or
cut such grass, weeds or vegetation, so as to conform to the requirements
of this Code, within five business days after the issuance of such
notice. In case any person shall neglect, fail or refuse to comply
with such notice, within five business days after the issuance of
such notice, Borough authorities may remove, trim or cut such grass,
weeds or vegetation, and the cost thereof, together with a penalty
of 10% of such cost, and allowable attorneys' fees may be collected
by the Borough from such person in the manner provided by law.
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If Borough Council, the Code Official or any
officer or employee of the Borough has given notice under this section
in the calendar year and the owner did not comply with the notice
within the required five business days, the Borough shall not be required
to give additional notice to the owner before the Borough removes,
trims or cuts grass, weeds or vegetation on the property in that same
calendar year, and the Borough may collect the cost thereof, together
with a penalty of 10% of such cost, and allowable attorneys' fees
from such person in the manner provided by law.
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L.
Section 302.8 shall be amended to provide as follows:
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302.8. Vehicles. Except as provided
in other regulations, the parking and storage of motor vehicles, including
but not limited to automobiles, buses, vans, trucks, recreational
vehicles, and trailers, shall be limited as provided herein.
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302.8.1. Licensed and Inspected Vehicles. Vehicles which have a current license and inspection may be stored
upon a premises in accordance with the requirements of the Borough
Zoning Ordinance and other applicable ordinances and regulations unless
such vehicles are hazardous vehicles as defined herein.
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302.8.2. Unlicensed or Uninspected Vehicles. Vehicles which do not have both a current license and a current
inspection may be stored within a completely enclosed structure on
any premises. Unlicensed or uninspected vehicles shall not be stored
outside of a completely enclosed structure on a premises if such storage
constitutes a nuisance or if such vehicle is a hazardous vehicle.
Except as provided below, prior to the unenclosed storage of any unlicensed
or uninspected motor vehicle on any premises, the owner of the premises
shall obtain a permit from the Code Official for the storage of such
vehicle. The Code Official shall determine that the motor vehicle
is not a hazardous vehicle and that the proposed storage shall not
constitute a nuisance prior to the issuance of a permit. Such permit
shall authorize the storage of the motor vehicle for a period of 90
days. The owner shall have the right to appeal a denial of a permit
by the Code Official as provided in Section 111 herein. Storage of
an unlicensed or uninspected vehicle without obtaining a permit as
required herein shall constitute a violation of this Code. The Code
Official and/or the Police Department may order the removal of an
unlicensed or uninspected vehicle for which a permit has not been
obtained using the procedure set forth in Section 302.8.3. Exceptions:
No permit shall be required by the operator of a motor vehicle towing
or repair establishment. Such establishments shall be permitted to
store unlicenced or uninspected motor vehicles for a period of not
more than 90 days.
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302.8.3. Hazardous Vehicles. No
person who owns a hazardous vehicle shall park, place, deposit or
permit the parking, placement or depositing of the hazardous vehicle
on any property. No property owner shall permit any hazardous vehicle
to remain on a premises. If any hazardous vehicle is parked or placed
upon a premises, the Code Official and/or the Police Department shall
notify the owner or occupant of the premises of the duty to remove
the hazardous vehicle. The Code Official and/or the Police Department
shall post upon the hazardous vehicle in a conspicuous place a notice
directing the removal of the hazardous vehicle within 10 days. Should
the vehicle not be removed, the Code Official and/or the Police Department
shall serve a second notice which shall be in writing and shall provide
a time limit not to exceed five days within which the hazardous vehicle
has to be removed. Said notice shall be served as provided in Section
107.3 herein and shall additionally be posted upon the hazardous vehicle.
If the owner of the premises fails to remove the hazardous vehicle,
the Borough may take action to abate the health and/or safety hazard
resulting from the hazardous vehicle in the manner provided in Sections
107.3.2 and 107.3.3 herein.
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302.8.4. Parking of Vehicles on Grass. Vehicle
parking is not permitted on grass, landscaped, dirt or stone areas
in the front yard of a property. All parking must be in compliance
with all applicable Borough ordinances, codes and regulations. Borough
of Denver sponsored special events are exempt from this requirement.
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M.
A new Section
302.10 shall be added which shall provide as follows:
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302.10. Furniture on Exterior Portions of Property. Other than furniture contained within a structure, use or storage
of furniture which is not designed or constructed for exterior use
is prohibited in property exterior areas.
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N.
A new Section
302.11 shall be added which shall provide as follows:
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302.11. Accumulation of Waste on Exterior Portions of
Property. It shall be unlawful to store, place or accumulate
on private property any junked, wrecked, discarded, or abandoned machinery,
equipment, household appliances, or other debris and waste materials
of any kind or description, unless in an enclosed building, and it
shall be unlawful for the owner of such items or the owner or occupant
of any property to allow, permit, or suffer the same to be left upon
any privately owned property, unless the same is authorized in conjunction
with a business properly operated pursuant to the Zoning Ordinance
and other laws of the Borough of Denver.
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O.
A new Section 302.12 shall be added which shall provide
as follows:
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302.12. Used Vehicle Parts and Tires. No person shall place, deposit or permit the placement or depositing
of used vehicle parts or tires outside of an enclosed structure on
any property unless such used vehicle parts or tires are secured to
prevent removal and unless such used vehicle tires are wrapped or
covered in a manner sufficient to prevent the accumulation of any
standing water, to eliminate all breeding grounds for insects and
to eliminate all areas which could be used as harborage for rodents
or other animals.
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P.
Section 303.2, Protective Treatment, shall be amended
by adding the following sentence to the existing section:
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If exterior painted surfaces contain lead levels
as set forth in Section 304.8 herein, all requirements of Section
304.8 shall be met.
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Q.
Section 303.14, Insect Screens, shall be amended by
inserting "April 15" and "October 1" into the appropriate places.
R.
A new Section 304.19 shall be added which shall provide
as follows:
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304.19. Lead-Based Coatings. Any
source of lead, including without limitation a lead-based coating,
shall be considered a health hazard to a child under six years of
age who has demonstrated an elevated blood level (which for the purposes
of this Code shall be considered to be a level equal to or greater
than 10 micrograms per deciliter or any future standard established
by the United States Public Health Service Centers for Disease Control)
if:
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1.
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It exists in or about a dwelling or other structure
in which a child under six years of age who has demonstrated an elevated
blood lead level commonly resides or visits; and
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2.
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It is determined to be on any flaking, peeling,
non-intact deteriorated surface or on any exposed surface or in any
soil or dust found in or about the dwelling or structure or in any
rugs, carpet or other surface coverings in or about the dwelling or
structure; and
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3.
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It contains a quantity of lead in excess of
0.6 milligram per square centimeter of surface when measured by a
recognized method of analysis.
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304.19.1. Notices. Sources of lead,
including lead-based coating areas, must be marked with warnings immediately
upon positive testing, and notice of these areas shall be given to
the occupant at the time of testing to avoid further child poisoning.
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304.19.2. Abatement of Health Hazard. If it is determined that there exists a health hazard under Section
304.19, the owner shall be responsible to abate the hazard within
such time as specified by the Code Official. The owner and/or occupant
of the premises shall bear the cost of abatement and shall present
a written plan of abatement to the Code Official for review and approval
prior to initiating said abatement. The owner and/or occupant of the
premises shall abate the health hazard in accordance with the approved
plan, shall completely perform all steps of such approved plan, and
shall perform the work set forth in the approved plan in a good and
workmanlike fashion. The owner and/or occupant of the premises shall
submit proof satisfactory to the Code Official of abatement promptly
upon completion.
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S.
Section 308, Rubbish and Garbage, shall be amended
by adding new Sections 308.4, Notices of Violation, and 308.5, Enforcement,
and 308.6, Location of Rubbish and Garbage Containers, which shall
provide as follows:
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308.4. Notices of Violation. Borough
Council, the Code Official or any officer or employee of the Borough
designated for this purpose is hereby authorized to give notice, by
personal service, by United States mail or by posting the property,
to the owner of any premises on which there exist accumulations of
rubbish or garbage remaining in violation of the provisions of this
Code, directing and requiring such owner to remove such accumulations
of rubbish or garbage so as to conform to the requirements of this
Code, within five business days after the issuance of such notice.
In case any person shall neglect, fail or refuse to comply with such
notice, within five business days after the issuance of such notice,
Borough authorities may remove such accumulations of rubbish or garbage,
and the cost thereof, together with a penalty of 10% of such cost,
and allowable attorneys' fees may be collected by the Borough from
such person in the manner provided by law.
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If Borough Council, the Code Official or any
officer or employee of the Borough has given notice under this section
in the calendar year and the owner did not comply with the notice
within the required five business days, the Borough shall not be required
to give additional notice to the owner before the Borough removes
accumulations of rubbish or garbage on the property in that same calendar
year, and the Borough may collect the cost thereof, together with
a penalty of 10% of such cost, and allowable attorneys' fees from
such person in the manner provided by law.
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308.5. Enforcement. The Code Official
or any police officer shall be authorized to institute summary criminal
proceedings against any person who fails to comply with the requirements
of this Section 308 prohibiting accumulations of rubbish or garbage
and requiring proper storage and disposal of rubbish and garbage.
The failure to maintain exterior premises and property and the interior
of a structure free from accumulation of rubbish and garbage and/or
the failure of any person to comply with the requirements of Sections
308.2 and 308.3 of this Code is a violation of the provisions of this
Code, whether or not the Borough Council, Code Official, or other
officer or employee of the Borough provides the notice set forth below.
Any police officer of the Borough and the Code Official may institute
summary enforcement proceedings pursuant to Section 106 of this Code.
Such prosecution shall not prevent the Borough from also proceeding
under the provisions of Section 308.4 to abate nuisance conditions
on the property.
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308.6. Location of Rubbish and Garbage Containers. All rubbish, refuse, garbage and recycling containers located in
the front of the property must be screened or otherwise stored so
as to be free from view from the public right-of-way upon which the
property fronts except on those days on which trash is collected.
All rubbish, garbage and recycling containers shall be placed at curbside
for collection not more than 24 hours in advance of the scheduled
time for collection.
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T.
Section 507.1, General, shall be amended to provide
as follows:
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507.1. General. Drainage of roofs
and paved areas, yards, courts, and other open areas on the premises
shall not be discharged in a manner which creates a nuisance. Without
limiting the foregoing, drainage of storm waters from any source shall
not be directed into any drain connecting with any public sewer system,
any individual or community sewage disposal system, any cesspool,
or any absorption area for a sewage disposal system.
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U.
Section 602.3, Heat Supply, shall be amended by inserting
"October 1" and "April 15" into the appropriate places.
V.
Section 604.2, Occupiable Work Spaces, shall be amended
by inserting "October 1" and "April 15" into the appropriate places.
W.
Minimum floor area requirements shall not apply to a "tiny home"
as defined in the Code of the Borough of Denver.
[Added 9-30-2019 by Ord.
No. 657]
X.
A new Section 304.20 shall be added which shall provide as follows:
[Added 3-9-2020 by Ord.
No. 664]
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304.20. Hedges
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1.
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The height of hedges in the front yard shall not exceed three
feet.
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2.
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There shall be no limitations upon hedge height for any hedge
located in a side or rear yard area.
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3.
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The Borough shall not enforce this subsection except upon written
complaint by an adjoining property owner, or as necessary to protect
Borough rights-of-way or clear sight triangles from encroachment.
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4.
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Hedges shall be planted and maintained a sufficient distance
from the property line to prevent the hedge from encroaching across
the property line or in a manner as to encroach into a Borough right-of-way
or into a required clear sight triangle.
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