Township of Lower Makefield, PA Chapter 153 Property Maintenance

[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Makefield 11-7-2018 by Ord. No. 415.[1] Amendments noted where applicable.]

[1] Editor’s Note: This ordinance also repealed former Ch. 153, Property Maintenance, adopted 11-13-1981 by Ord. No. 155, as amended.

§ 153-1 Adoption of standards; amendments.

The Lower Makefield Township Board of Supervisors hereby adopts the 2018 International Property Maintenance Code, as published by the International Code Council, Inc., as the Property Maintenance Code of the Township of Lower Makefield for the control of buildings and structures as herein provided. Each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to adopted and made a part hereof, as if fully set out in this chapter, with additions, assertions, deletions and changes, if any, prescribed in this chapter. At least three copies of the Code shall be at all times kept available for public inspection in the office of the Planning, Zoning and Building Department of the Township of Lower Makefield.

§ 153-2 Additions, insertions and changes.

The following sections of the 2018 International Property Maintenance Code are hereby revised as follows:

A. Section 101.1 Title. This section shall be amended to read: "These regulations shall be known as the Property Maintenance Code of Lower Makefield Township, hereinafter referred to as 'this code.'"

B. Section 102.3 Application of other codes. This section shall be amended so that the last sentence reads: "Nothing in this code shall be construed to cancel, modify or set aside any provision of the Lower Makefield Township Zoning Ordinance."

C. Section 103.1 General. This section shall be amended to read: "The Planning, Zoning and Building Department is hereby designated to enforce this code, and the executive official in charge thereof shall be known as the 'Code Official.'"

D. Section 103.5 Fees. This section shall be amended to read: "The fees for activities and services performed by the Department in carrying out its responsibilities under this code shall be as indicated in a fee resolution adopted by the Lower Makefield Township Board of Supervisors, as amended from time to time."

E. Sections 111.2 to 111.8. The following sections are hereby deleted in their entirety:

(1) Section 111.2 Membership.

(2) Section 111.2.1 Alternative Members.

(3) Section 111.2.2 Chairman.

(4) Section 111.2.3 Disqualification of Member.

(5) Section 111.2.4 Secretary.

(6) Section 111.2.5 Compensation of Members.

(7) Section 111.3 Notice of Meeting.

(8) Section 111.4 Open Hearing.

(9) Section 111.4.1 Procedure.

(10) Section 111.5 Postponed Hearing.

(11) Section 111.6 Board Decision.

(12) Section 111.6.1 Records and Copies.

(13) Section 111.6.2 Administration.

(14) Section 111.7 Court Review.

(15) Section 111.8 Stays of Enforcement.

F. Section 112.4 Failure to comply. This section shall be amended to read as follows: "Any person who shall continue any work after having been served with a stop-work order, except for 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."

G. Section 302.4 Weeds. This section shall be amended to read as follows: "Premises and exterior property shall be maintained free of weeds or plant growth in excess of 10 inches in height; provided, however, that this height restriction does not apply to naturalized areas, riparian buffers, managed meadows, and other no-mow zones, as determined by the municipality. Noxious weeds shall be prohibited."

H. Section 304.14 Insect screens. The first sentence of this section shall be amended to read as follows: "During the period from March 1 to November 15, 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 fitted 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."

I. Section 602.3 Heat Supply. The first sentence of this section shall be amended to read as follows: "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 September 15 to May 15 to maintain a minimum temperature of 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.

J. Section 602.4 Occupiable work spaces. The first sentence of this section shall be amended to read as follows: "Indoor occupiable work spaces shall be supplied with heat during the period from September 15 to May 15 to maintain a minimum temperature of 65° F. (18° C.) during the period the spaces are occupied."

§ 153-3 State law and other regulations.

In all other matters that are regulated by the laws of the Commonwealth of Pennsylvania or by regulations of departments or agencies of the commonwealth promulgated by authority of law, such laws or regulations, as the case may be, shall control where the requirements thereof are the same or in excess of the provisions of this chapter. This chapter shall control in all cases where the state requirements are not as strict as those contained herein. Wherever the provisions or requirements of this chapter are in conflict with other provisions or requirements of the ordinances of Lower Makefield Township, the most restrictive or those imposing the higher standards shall govern, except as otherwise herein provided.

§ 153-4 Repealer.

All ordinances or parts of ordinances in conflict herewith be and are hereby repealed, except any ordinance or parts of ordinances that authorize greater remedies than this are preserved.

§ 153-5 Severability.

The provisions of this chapter are severable. If any section, clause, sentence part or provision thereof shall be held illegal, invalid, or unconstitutional by a court of competent jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this chapter. It is hereby declared to be the intent of the Township Supervisors that this chapter would have been adopted if such illegal, invalid or unconstitutional section, clause, sentence or part of a provision had not been included herein.