Borough of Kutztown, PA: Amendments to standards.

Editor's Note: This ordinance also repealed former Ch. 136, Property Maintenance, adopted 5-19-2010 by Ord. No. 3-2010.

The following subsections and/or words in the International Property Maintenance Code, 2021 edition (hereafter the "Property Maintenance Code") are hereby revised to substitute the following words for the original words contained in the ordinance:

In Section 101.1, entitled "Title," delete the words "[NAME OF JURISDICTION]" and replace them with "Borough of Kutztown."

In Section 101.2, entitled "Scope," add the following sentence to the end of the section: "Exception: The provisions of this Code shall not apply to the interior of any owner-occupied one-family dwelling unit."

In Section 102.3, entitled "Application of other codes," delete the words "International Zoning Code" and replace them with "Chapter 225 of the Code of the Borough of Kutztown."

Revise the title of Section 103 to read as follows:

BUILDING CODE OFFICIAL AND DEPUTIES

Revise and restate Section 103.1, entitled "Creation of agency," in its entirety to read as follows:

103.1 Creation of the Office of the Building Code Official. The office of Building Code Official is hereby created and the executive official(s) in charge thereof shall be known as the Building Code Official. The Building Code Official is also referred to herein at times as the "code official" or "code enforcement official." The Building Code Official shall be charged with enforcement of this Code.

Revise and restate Section 103.2, entitled "Appointment," in its entirety to read as follows:

103.2 Appointment. The Building Code Official shall be appointed by the Borough Council, by resolution, and shall serve at the pleasure of the Borough Council.

Revise and restate Section 104.1, entitled "Fees," in its entirety to read as follows:

104.1 Fees. The fees for all work, permits, charges, activities and services performed by the Building Code Official or Borough in carrying out its responsibilities under this Code shall be in accordance with a fee schedule adopted by the Borough by resolution, as may be amended from time to time.

Section 105.3, entitled "Right of entry," is amended to add a subsection, Section 105.3.1, entitled "Refusal of Entry" which shall read in its entirety as follows:

105.3.1 Refusal of entry. If any owner, occupant or other person in charge of a structure subject to the provision of this code refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure or premises where inspection authorized by this code is sought, the Borough or Building Code Official may promptly apply for a search or inspection warrant to a court of competent jurisdiction and shall supply all necessary affidavits and testimony to indicate that there is a reasonable or probable cause to conduct an inspection. For the purpose of this section, a reasonable or probable cause to gain access for an inspection shall include without being limited to the following:
1.	That the inspection of the area is part of a planned routine inspection being conducted pursuant to a systematic or concentrated code enforcement program in that portion of the Borough; or
2.	That the Building Code Official, after investigation or upon information received, has knowledge, information or a reasonable belief that a violation of this code or other codes and ordinances of the Borough exist; or
3.	That such entry is for the purpose of inspecting a previous notice of violation; or
4.	That the Building Code Official has received a complaint concerning a violation on or within the premises; or
5.	That such entry is necessary to determine if the building, structure, premises, dwelling, or dwelling units meet the standards of this code and building, fire, and health codes and for the safety and welfare of the public.

Revise and restate Section 107.1, entitled "General" (under Section 107 entitled "Means of Appeal"), in its entirety to read as follows:

107.1 General. Any person directly affected by notice of violation, determination, or order issued by the Building Code Official or his/her designee or affected by any rule or regulation adopted pursuant to this Chapter 136 may appeal such notice, determination, order, rule or regulation to the Borough of Kutztown Appeals Board in compliance with the requirements of Chapter 12 of the Code of the Borough of Kutztown.

Revise and restate Section 108.1, entitled "Membership of board," in its entirety to read as follows:

108.1 Membership of board. The Board of Appeals shall be the Borough of Kutztown Appeals Board in compliance with the requirements of Chapter 12 of the Code of the Borough of Kutztown.

Revise and restate Section 109.3, entitled "Prosecution of violation," in its entirety to read as follows:

109.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 111.4 shall be deemed guilty of a summary offense and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official or any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction is authorized to enter upon the property in violation and abate violations such as securing a structure, mowing the grass, cutting the weeds, and removing trash and debris; for all other violations, the code official or jurisdiction may institute the appropriate proceeding 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 of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Revise and restate Section 109.4, entitled "Violation penalties," in its entirety to read as follows:

109.4 Violation penalties. Any person who violates any provision of this Code, fails to comply with any of the requirements thereof or erects, installs, alters or repairs work in violation of the approved construction documents or directive of the Building Code Official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a summary offense, punishable by a fine of not less than $50 nor more than $1,000 per violation, plus costs and restitution. In default of payment thereof, such person may be sentenced to imprisonment for a term not exceeding 30 days. Each section of this code that is violated shall constitute a separate offense punishable by a separate fine as set forth herein. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Amend Section 110.1, entitled "Authority," by adding the following sentence to the end of the section: "Stop-work orders related to structures governed by the Pennsylvania Uniform Construction shall be governed by the Pennsylvania Uniform Construction Code as adopted by the Borough."

Revise and restate Section 111.2, entitled "Closing of vacant structures," in its entirety to read as follows (but Section 111.2.1, entitled "Authority to disconnect service utilities," shall remain unchanged):

111.2 Closing of vacant structures. If the structure is vacant, open and unsecure, and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and to cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

Revise and restate Section 111.4, entitled "Notice," in its entirety to read as follows:

111.4 Notice. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 111.4.1 and 111.4.2 to the owner or owner's authorized agent, for the violations as specified in this code. Notices for condemnation procedures shall comply with this section.
EXCEPTIONS:
A.	Open and unsecure. Notice is not required whenever a property is open and unsecure and the code official has determined that the property shall be secured. The code official may order the structure secured.
B.	Transfer of property. Notice shall not be required for violations of Section 111.6.

Revise and restate Section 111.4.2, entitled "Method of service," in its entirety to read as follows:

111.4.2 Method of service. Such notice shall be deemed to be properly served where a copy thereof is served in accordance with one of the following methods:
1.	A copy is delivered personally by hand delivery; or
2.	A copy is sent by certified mail, first-class mail, or email, addressed to the last known mailing or email address of the owner; or
3.	A copy is posted in a conspicuous place in or about the property/structure affected by such notice.
Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
Service upon any executive officer of a corporation shall be a sufficient, but not the exclusive method of service upon the corporation. Service upon any partner of a partnership shall be a sufficient but not the exclusive method of service upon the partnership.

Revise and restate Section 111.7.1, entitled "Placard removal," in its entirety to read as follows:

111.7.1 Placard removal. The code official shall remove the condemnation placard whenever, upon inspection, the defect or defects upon which the placard was based have been eliminated and with the receipt of payment in accordance with the fee schedule duly adopted by the Borough. Any person who defaces, covers or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.

Amend Section 113.1, entitled "General" (under Section 113 entitled "Demolition"), to add the following sentence at the beginning of the section: "Demolition of structures, where governed by the Pennsylvania Uniform Construction Code, shall be in accordance with the Pennsylvania Uniform Construction Code as adopted by the Borough."

Section 202 entitled "General Definitions" is amended to add the following additional defined terms and their definitions, as follows:

NOXIOUS WEEDS. Weeds listed by the Commonwealth of Pennsylvania through the Department of Agriculture as being noxious.

OCCUPIED. As applied to a building or portion thereof, shall be constructed as though followed by the words, "or intended, arranged or designed to be occupied, or having a certificate of use and occupancy."

ONE-FAMILY DWELLING. A building containing one dwelling unit.

TWO-FAMILY DWELLING. A building containing two dwelling units.

Section 202, entitled "General Definitions," is amended to revise the definition of "owner" to delete the phrase "if ordered to take possession of real property by a court" from such definition.

Section 301.2, entitled "Responsibility," is hereby amended to include the following additional subsection known as Subsection 301.2.1:

301.2.1 Right-of-way maintenance. Where properties abut a public right-of-way, the abutting property owner shall be responsible for the maintenance of the area between their property line and the cartway, including the curb, the sidewalk and grass areas between the curb and the property line.

Revise and restate Section 302.1, entitled "Sanitation," in its entirety to read as follows:

302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe, and sanitary condition. The property owner, unless maintenance is otherwise assigned by agreement to an occupant, and in such case the occupant, shall keep all exterior property under such owner or occupant's control in a clean and sanitary condition.

Section 302.3, entitled "Sidewalks and Driveways," is hereby amended to include the following additional subsection known as Subsection 302.3.1:

302.3.1 Parking areas. All parking areas shall be cleared of snow and/or ice when the depth of same is six inches or more in depth to the extent necessary to provide the required off-street parking available during non-snow and/or ice conditions within 48 hours after accumulation of the aforenoted snow and/or ice.

Revise and restate Section 302.4, entitled "Weeds," in its entirety to read as follows:

302.4 Weeds. All premises and exterior property shall be maintained free from weeds and 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.

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 109.3 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 cost of such removal shall be paid by the owner or agent responsible for the property.

Revise Section 304.3, entitled "Premises identification," by deleting and restating the first sentence of such section to read as follows: "Buildings shall have approved addressed numbers placed in a position to be plainly legible and visible from the street, road or alley to the front and rear of the property."

In Section 304.14, entitled "Insect screens," substitute "May 1" for the first reference of "[DATE]" and "October 15" for the second reference of "[DATE]."

AA.

Amend Section 305.3, entitled "Interior surfaces," by adding the following sentence to the end of the section: "All kitchen, bathroom and toilet room floors shall have a smooth, hard, nonabsorbent and easily cleanable surface."

BB.

Amend Section 308.1, entitled "Accumulation of rubbish or garbage," by adding the following sentence to the end of the section: "The exterior property and premises shall be free from the storage of any automotive parts, equipment or accessories, including specifically tires, batteries and/or any other item that is determined to pose a hazard to the public health, safety and welfare."

CC.

Section 308, entitled "Rubbish and Garbage," is hereby further amended to add the following additional subsections to be known and numbered as Subsection 308.2.3 and 308.4:

308.2.3 Tires and mechanical parts and equipment. Any items intended for the construction and/or repair of automobiles, lawn equipment and other similar machinery shall be stored in a full enclosed building.
308.4. Prohibited furniture. Interior-type furniture which would be adversely affected by the elements and susceptible to infestation by insects, rats or other vermin is prohibited from being placed or stored on the exterior of any property. Such prohibited furniture shall include, but is not limited to, upholstered couches, chairs, davenports, beds, divans and/or other fabric-covered article not designed or intended for use on the exterior of the property. Damaged or deteriorated furniture or motor vehicle seats, including interior and exterior furniture or any portion of a motor vehicle designed to accommodate seating for a driver, passenger, or both, which presents a hazard to the public by virtue of its state or condition of disrepair, shall be prohibited. The following conditions are examples of a state or condition of disrepair:
(a)	Rusted and/or jagged metal or exposed springs on or projecting from an above-described item(s); or
(b)	Broken or missing legs, arms or other structural or supporting components which would make the above-described item(s) unstable or unsafe.

DD.

Amend Section 403.2, entitled "Bathrooms and toilet rooms," by adding the following sentence to the end of the section: "Any bathroom and/or toilet room which is renovated or installed after the date of this chapter shall be equipped with a mechanical ventilation system vented to the exterior of the building."

EE.

Revise and restate Section 404.4.1, entitled "Room area," in its entirety to read as follows:

404.4.1 Room area. Every living room shall contain at least 120 square feet (11.2 square meters) and every bedroom shall contain at least 70 square feet (6.5 square meters) for the first occupant and an additional 50 square feet (4.6 square meters) for each additional occupant.

FF.

Amend Section 404.4.3, entitled "Water closet accessibility," by adding the following to the end of the section: "Exception: One-family dwelling units."

GG.

Amend Section 404.5, entitled "Overcrowding," by adding the following to the of the section: "Dwelling units shall not be occupied by more persons than as stated on a housing license issued, or required to be issued, pursuant to Chapter 135 of the Code of the Borough of Kutztown."

HH.

Revise Section 404.6, entitled "Efficiency unit," by deleting subsection 1 thereunder and restating such subsection 1 to read as follows:

1.	Efficiency apartments may be occupied by no more than two persons, and shall have a minimum floor space of 250 square feet for the initial person and 100 additional square feet for a second person.

II.

Revise Section 404.6, entitled "Efficiency unit," by deleting subsection 4 thereunder in its entirety.

JJ.

Revise and restate Section 502.2, entitled "Rooming houses," in its entirety to read as follows:

502.2 Boarding and rooming houses. Every boarding and/or rooming house shall have at least one water closet, one lavatory, and one bathtub and/or shower which shall be provided for each five persons who reside therein.

KK.

In Section 602.3, entitled "Heat supply," substitute "October 1" for the first reference of "[DATE]" and "April 30" for the second reference of "[DATE]."

LL.

In Section 602.4, entitled "Occupiable work spaces," substitute "October 1" for the first reference of "[DATE]" and "April 30" for the second reference of "[DATE]."

MM.

Section 604, entitled "Electrical facilities," is hereby amended to include the following additional subsection known as Subsection 604.4:

604.4 Access. The electrical means of disconnect and overload devices for all occupied buildings and dwelling units shall be accessible to the occupants of such buildings and dwelling units at all times.

NN.

Revise and restate Section 605.2, entitled "Receptacles," in its entirety to read as follows:

605.2 Receptacles. Every habitable space in a dwelling unit shall contain a minimum of three separate and remote duplex receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or ground-fault circuit interrupter receptacle. Every bathroom and/or toilet room shall contain at least one ground-fault circuit interrupter receptacle; if more than one receptacle is provided, all shall be ground-fault circuit interrupter protected. All kitchen receptacles which serve counter tops shall be ground-fault circuit interrupter protected. All nonresidential spaces shall contain ground-fault circuit interrupter in compliance with § 210.8(B) of the National Electrical Code.

OO.

Section 605, entitled "Electrical equipment," is hereby amended to include the following additional subsection known as Subsection 605.5:

605.5 Hallways. Every hallway within a residential building shall be equipped with one grounded-type or ground-fault circuit interrupter receptacle.

PP.

Section 704, entitled "Fire Protection Systems," is hereby amended to include the following additional subsections known as Subsections 704.8 and 704.9:

704.8 Maintenance. The occupant(s) of each dwelling unit shall notify the property owner and/or agent in the event a smoke detector needs to be repaired and/or replaced. The owner of each dwelling unit shall provide new batteries for smoke detectors at least annually. It shall be the responsibility of the occupant to insure that the batteries are not removed for any reason. Anyone tampering with the operation or effectiveness of a smoke detector shall be considered to be in violation of this code and shall be subject to the penalties as set forth in Section 109.4 of this code.

704.9 Fire extinguishers.

704.9.1 Fire extinguishers shall be provided and maintained as required by the International Fire Code and Chapter 10 of the National Fire Codes.

704.9.2 Every dwelling unit shall be provided with a minimum of one 2-A, 10-B.C. fire extinguisher and shall be inspected yearly as required by Section 704.9.1 of this code.

QQ.

Substitute in all relevant sections of the Code "Building Code Official" for "building official" or "code official."

RR.

Substitute in all relevant sections of the code "the Borough Council" for "the governing body," "the governing authority," and "the authority having jurisdiction."