[HISTORY: Adopted by the Borough Council
of the Borough of East Greenville 10-4-2010 by Ord. No. 2010-06.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 73, Property Maintenance, adopted 3-5-2007 by Ord. No.
2007-3.
A certain document, three copies of which are on file in the office of the Secretary of the Borough of East Greenville, being marked and designated as the "International Code Council International Property Maintenance Code," 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of East Greenville, 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 East Greenville 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, prescribed in § 73-3 of this article.
Ordinance No. 2007-03 of the Borough of East Greenville, entitled
"Property Maintenance," and all other ordinances or parts of ordinances
in conflict herewith are hereby repealed.
[Amended 10-15-2018 by Ord. No. 2018-04]
The following sections of the International Property Maintenance
Code, 2015 edition, are hereby amended for purposes of enforcement
of the Code in the Borough of East Greenville:
A.
Section 101.1 is hereby amended by inserting "Borough of East Greenville"
as the municipality.
B.
Section 102.11 is hereby inserted to read as follows:
102.11 Transfer of ownership. No person shall occupy
or use a building or structure, the ownership of which is hereafter
transferred, absent a certificate of occupancy, certifying that the
property conveyed complies with all provisions of this code. Upon
written application of the owner of an existing building or structure,
the Code Official shall issue a certificate of occupancy, provided
there are no violations of the code or orders of the Code Official
pending, and further provided that the fee accompanies such application
imposed by the Borough for its inspection of the premises.
C.
Section 103.5 is hereby deleted in its entirety and replaced as follows:
103.5 The fees for activities and services performed
by the department in carrying out its responsibilities under this
code shall be as from time to time approved by Borough Council resolution.
D.
Section 106.4 is hereby amended to read as follows:
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 thereof, shall, upon conviction thereof,
be subject to a fine of not less than $100 nor more than $1,000, at
the discretion of the court. Each day that a violation continues after
due notice has been served shall be deemed a separate offense.
E.
Section 112.4, is amended to read as follows:
112.4 Failure to comply. Any person who shall continue
any work after having been served with a stop work order, except such
work as that person is directed to perform to remove a violation or
unsafe condition, shall be liable to a fine of not less than $100
or more than $1,000.
F.
Section 302.3 is amended to read as follows:
302.3 Public areas. All sidewalks, steps, driveways,
parking spaces, and similar paved areas for public use shall be maintained
free of all mud, overhanging trees and shrubs that obstruct walkways
and other debris, be kept in a proper state of repair, and maintained
free from hazardous conditions. All sidewalks, curbs, and similar
paved areas and walkways for public use shall be maintained free of
obstruction from all vehicles, including, but not limited to, conventional
motor vehicles, commercial motor vehicles and trucks, trailers, motorcycles,
and recreational vehicles. Whenever the Code Official determines that
a walkway obstruction, as set forth herein, exists, he shall serve,
in the fashion and upon the persons set forth in Section 107.3, hereof,
a notice of such violation in the form established by Section 107
hereof, with 72 hours from the time of such service being, in all
instances, the period within which the violation must be corrected.
In addition to those legal remedies vested in the Borough by
Sections 106 hereof for failure of any person to comply with a violation
order, the Borough may, through its Code Official, cause the trimming
of overhanging trees and shrubs and/or the removal of such mud or
debris which is obstructing a walkway within the Borough and collect
the expenses thereof, with any additional amount allowed by law, from
the owner of the property upon which such violation exists, such collection
to be by means of an action at law for quantum meruit as established
by the Pennsylvania Rules of Civil Procedure or by way of the recordation
of a municipal lien against the subject property as such liens are
provided for by act of Assembly.
All such areas as are above set forth shall be kept in a proper state of repair, sidewalks shall be maintained in accordance with the provisions contained in Chapter 83 of the Code of the Borough of East Greenville. Sidewalks shall also be maintained free from ice and snow in accordance with the requirements set forth in § 83-14 of the Code of the Borough of East Greenville.
G.
Section 302.4 is hereby amended to read as follows:
302.4 Weeds. Premises and exterior property shall
be maintained free from weeds or plant growth in excess of ten inches.
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.
Whenever the Code Official determines that a violation of this section
exists, he shall serve, in the fashion and upon the persons set forth
in Section 107 hereof, a notice of such violation in the form established
by Section 107 hereof, with 72 hours from the time of such service
being, in all instances, the period within which the violation must
be corrected.
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, they
shall be subject to prosecution in accordance with Section 106.3 and
as prescribed by the authority having jurisdiction. Upon failure to
comply with the notice of violation, any duly authorized employee
of the jurisdiction or contractor hired by the jurisdiction shall
be authorized to enter upon the property in violation and cut and
destroy the weeds growing thereon, and the costs of such removal shall
be paid by the owner or agent responsible for the property.
H.
Section 304.14 is hereby amended to read as follows:
304.14 Insect screens. During the period from May
1 to October 1, every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screens of minimum
16 mesh per inch (16 mesh per 25 mm), and every screen door used for
insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where
other approved means, such as air curtains or insect repellent fans,
are employed.
I.
Section 304.18.1 is hereby amended to read as follows:
304.18.1 Doors. Doors providing access to a dwelling
unit, rooming unit or housekeeping unit that is rented, leased or
let shall be equipped with a lock designed to be readily openable
from the side from which egress is to be made without the need for
keys, special knowledge or effort and shall tightly secure the door.
Such lock shall be installed according to the manufacturer's
specifications and maintained in good working order.
J.
Section 602.3 is hereby amended to read as follows:
602.3 Heat supply. Every owner and operator of
any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the period
from October 1 to May 1 to maintain a minimum temperature of 68°
F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor
design temperature for the locality, maintenance of the minimum room
temperature shall not be required provided that the heating system
is operating at its full design capacity. The winter outdoor design
temperature for the locality shall be as indicated in Appendix D of
the International Plumbing Code.
2. In areas where the average monthly temperature is above 30°
F. (-1° C.), a minimum temperature of 65° F. (18° C.)
shall be maintained.
K.
Section 602.4 is hereby amended to read as follows:
602.4 Occupiable work spaces. Indoor occupiable
work spaces shall be supplied with heat during the period from October
1 to May 1 to maintain a minimum temperature of 65° F. (18°
C.) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling
or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous
physical activities.
