The Borough of Malvern hereby adopts the International Property Maintenance Code, 2015 Edition, as published by the International Code Council, Inc., as now and as hereafter supplemented, reissued, amended and revised as published by the International Code Council, Inc., as the Borough Property Maintenance Code. No fewer than three copies of the International Property Maintenance Code, 2015 Edition, shall be filed in the office of the Secretary of the Borough of Malvern, and the same is hereby adopted and incorporated as fully as if set out at length herein.
The following amendments, additions, deletions and changes are hereby made to the IPMC:
A. 
Section 101.1 shall be amended by the deletion of the words "[NAME OF JURISDICTION]" and the replacement thereof with the words "the Borough of Malvern."
B. 
Section 103.1 shall be deleted and replaced with the following:
Section 103.1. General. The Code Enforcement Officer of the Department of Codes Enforcement shall be the "code official" as that term is used in the Borough Property Maintenance Code.
C. 
Section 103.5 shall be deleted and replaced with the following:
Section 103.5. Fees. Fees assessable by the Borough for administration and enforcement undertaken pursuant to this chapter, the IPMC and Code of the Borough of Malvern shall be established by Borough Council by resolution from time to time.
D. 
Section 106.3, Prosecution of violation, shall be deleted and replaced with the following:
Section 106.3. Prosecution of violation.
A. Failure of any person to comply with the provisions of this chapter or to permit a violation of this chapter shall result in the following:
1. Any person who violates or permits the violation of any provision of this chapter shall, upon conviction thereof in a nontraffic summary proceeding brought before a Magisterial District Judge, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $25 and not more than $1,000, plus the costs of prosecution, including reasonable attorney's fees incurred by the Borough in the enforcement proceedings.
2. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days.
3. Each section or provision of this chapter that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which shall be punishable by a separate fine imposed by the Magisterial District Judge of not less than $25 and not more than $1,000, plus the costs of prosecution, including reasonable attorney's fees, incurred by the Borough in the enforcement proceedings, and upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days.
4. Each violation continuing for a separate day after notice by the Borough and each violation of any provision of this chapter shall constitute a separate and distinct violation subject to a separate and additional fine of up to $1,000.
5. Any person found guilty of or liable for violating any ordinance of the Borough shall be assessed court costs and reasonable attorney's fees incurred by the Borough in the enforcement proceedings.
6. Provided that the Borough has given notice of a violation as required by the Borough Property Maintenance Code, and the condition giving rise to the violation persists, the Borough may institute appropriate civil actions or proceedings, including seeking equitable relief therein to remedy such conditions or conduct.
7. All remedies, relief, or actions provided for under this section or chapter, the laws of the United States, the laws of the Commonwealth of Pennsylvania, the Code of the Borough of Malvern, and the Borough Property Maintenance Code shall be cumulative in nature.
E. 
Section 106.4 shall be deleted in its entirety.
F. 
Section 111, Means of Appeal, shall be deleted and replaced with the following:
Section 111. BOARD OF APPEALS. A Board of Appeals shall be established by resolution of the Borough Council in conformity with the requirements of the relevant provisions of the Code of the Borough of Malvern and the Borough Property Maintenance Code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipality(ies), said Board of Appeals shall be established by joint action of the participating municipalities.
G. 
Section 112.4 shall be deleted and replaced with the following:
Section 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 and subject to a fine of not less than $25 and not more than $1,000, in addition to any and all penalties and/or actions for enforcement under applicable law, including IPMC Section 106.3.
H. 
Section 202 shall be amended by adding the following definitions:
CODE OF THE BOROUGH OF MALVERN. The compilation of all ordinances and resolutions adopted by the Borough of Malvern, which is known as and cited officially as the "Code of Ordinances of the Borough of Malvern, Pennsylvania."
VEHICLE. Any machine propelled by power other than human power which is designed to travel along the ground by use of wheels, treads, runners, and slides, and which is used to transport persons or property. Vehicles shall include, but not be limited to, motorcycles, automobiles, tractors, farm equipment and construction equipment.
ABANDONED VEHICLE. Any nonoperating, disassembled, stripped, damaged or dismantled vehicle which cannot be driven, any vehicle which is not currently registered and licensed, or any vehicle having an invalid and expired state motor vehicle inspection sticker.
RUBBISH.
(1) The term "rubbish" as used in this section, and also as used in uppercase or lowercase in the Borough Property Maintenance Code, means:
(2) _____
a) Combustible and noncombustible waste materials; and
b) The residue from the burning of wood, coal, coke and other combustible materials; and
c) Paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials; and
d) Newspapers, scrap metal, mechanical parts or assemblies which are not in use or undergoing active repair; and
e) Any human or animal waste, biological material, carrion, carcass, or biological remains; and
f) Building materials, equipment, or assemblies, bricks, masonry units, gravel, stone, sand, or other similar materials which are not installed or being used as part of approved construction; and
g) Unapproved containers which themselves contain rubbish.
(3) Where any ambiguity or conflict arises as to the definition or use of the terms "rubbish" and "garbage" under this chapter and the Borough Property Maintenance Code, the definition or word resulting in a more stringent duty upon the responsible person(s) shall hold.
BOROUGH. The Borough of Malvern, Pennsylvania.
I. 
Section 302.3, Sidewalks and driveways, shall be deleted and replaced with the following:
Section 302.3. Sidewalks and driveways.
A. General. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.
B. Trip Hazard. Sidewalks with a height or width deviation that is more than a half inch shall constitute a hazardous trip condition and be deemed in violation of the Borough Property Maintenance Code, as may be amended.
J. 
Section 302.4, Weeds, shall be deleted and replaced with the following section/subsections:
Section 302.4. Weeds and Grass.
Section 302.4.1 Applicability.
A. This section shall apply to any lot or parcel of land within the Borough on which there is a dwelling, which is adjacent to a dwelling or which is located in a developed section of a subdivision, and to all commercial, industrial and institutional properties.
B. The provisions of this section shall not apply to land which is used primarily as a Borough-owned park or land which is required to be maintained in a meadow or woodland condition pursuant to the Zoning Ordinance, Subdivision and Land Development Ordinance, or as a condition or requirement of any zoning, subdivision or land development approval.
C. The provisions of this section shall not apply to land which is maintained in a meadow or natural woodland condition in the open space areas of a subdivision maintained by a homeowners' association, or on institutional properties, provided such land consists of at least two contiguous acres.
D. For purposes of this section, "meadow" is defined as a planted area of vegetation dominated by grasses native to Pennsylvania and managed by annual or seasonal mowing. Meadows may include native perennial wildflowers.
E. The provisions of this section shall not apply to land which is too steeply sloped to be safely mowed or trimmed with conventional mowers or string trimmers.
F. Notwithstanding the exceptions set forth in Subsections B, C and D, above, noxious weeds shall not be permitted on any property. For the purposes of this section, "noxious weeds" shall include all plants listed on the Pennsylvania Department of Agriculture Noxious Weed Control List as that list may be amended from time to time.
G. No owner or occupant of property described in Subsection A and not exempt pursuant to Subsections B through D shall permit grass, weeds or brush to exceed a height of 10 inches; flowers, vegetable plants, ornamental grasses, shrubs, vines and trees planted, cultivated and properly maintained for landscaping purposes or food are exempt, but shall not obstruct the view of users of an abutting road or highway or be otherwise detrimental to the health, safety and general welfare of the public. Any vegetation permitted to grow in contravention of the provisions of this article is hereby declared a nuisance and detrimental to the health, safety and general welfare.
Section 302.4.2. Owner's responsibilities.
The legal owner of any premises shall be responsible for its compliance with this Section 302.4 and all subsections hereof and shall remove, trim and/or cut all grass, weeds and other vegetation growing or remaining upon such premises in violation of the provisions of this Section 302.4 and all subsections hereof.
Section 302.4.3. Notice to remove; authority of Borough to do work at expense of owner or occupant.
The Borough Council or any officer or employee of the Borough designated thereby for the purpose is authorized to give notice, by personal service or by certified mail, to the legal owner of any premises whereon grass, weeds or other vegetation is growing or remains in violation of the provisions of this section, directing and requiring such owner to remove, trim and/or cut such grass, weeds or vegetation within seven days after receipt of such notice. If any legal owner, whether person, firm or corporation, shall neglect, fail or refuse to comply with such notice within the period of time stated herein, the Borough authorities or an authorized contractor may remove, trim or cut such grass, weeds or vegetation, as well as any adjacent or intermingled vegetation that would not be in violation, but may be damaged due to its special relationship to vegetation in violation. The cost hereof, together with any additional penalty authorized by law, as well as an administrative fee of $25, may be collected by the Borough from such person, firm or corporation in the manner provided by law.
Section 302.4.4. Violations and penalties.
Any person, firm or corporation who or which shall violate or fail, neglect, or refuse to comply with any of the provisions of this Section 302.4 and/or any subsection(s) hereof shall, in addition to any other penalties provided by law and/or within this Chapter 153, upon conviction before the Magisterial District Judge, be sentenced to a fine of not more than $1,000 and the costs of prosecution thereof, including reasonable attorney's fees, for each and every offense.
Section 302.4.5 Additional penalties, interest and liens for delinquent reimbursement to Borough.
If the Borough must remove, trim, or cut such grass, weeds or vegetation, as provided in Subsection 302.4.3 herein, the Borough shall provide the property owner with written notice of the costs of such activity within 10 days of the completion of same. If the property owner does not reimburse the Borough for any and all funds expended for the removal, trimming or cutting of such grass, weeds or vegetation within 30 days from the date that notice is given by the Borough, the property owner shall be subject to a 10% penalty of the total amount expended by the Borough, and assessed interest in the amount of 0.5% to be calculated monthly until the full amount is paid. If the property owner has not fully paid all amounts due and owing, including any penalty(ies) and interest, within one year from the date of the notice by the Borough, the property owner shall be deemed delinquent. All delinquent payments owed, including any interest and penalties thereon, shall be a lien against the premises of the property owner in the office of the Prothonotary of Chester County and shall be collected in the manner provided by law for the filing and collection of such liens.
K. 
Section 302.8, Motor Vehicles, is hereby deleted and replaced with the following:
Section 302.8. Storage of junked motor vehicles.
A. It shall be unlawful for any person, persons, firm or corporation to dump, store or maintain any abandoned, wrecked, junked or old and unregistered motor vehicles (including trailers), or the stripped chassis or body of old or stripped motor vehicles (including trailers), upon any private property or premises within the Borough except for the purposes of the immediate dismantling thereof for the procurement of individual and separate parts; and in the event of such storage or maintenance for the purposes of immediate dismantling, no chassis body of such motor vehicle, stripped or whole, shall be permitted to remain upon any such premises for any period in excess of 30 days.
B. The movement about of such vehicle(s), chassis or part(s) thereof on or about the premises or property or areas adjacent or near thereto, within such thirty-day period, shall not act to circumvent the purpose and intent of this article, which is to prevent the storage of such vehicle(s) or part(s) thereof for a period in excess of 30 days. Likewise, the removal of such vehicle(s), as aforesaid, from the premises with the intent to replace the same on such premises or adjacent property shall not act to circumvent the intent of this article, and any vehicle(s), as aforesaid, so removed, if returned or replaced on such premises or property within a period of 45 days after such removal, shall be construed to have been stored continuously on the premises for such period of removal, unless the vehicle is returned with a valid, current inspection sticker affixed to the windshield in accordance with the applicable provisions of the Pennsylvania Vehicle Code, or similar statutes of other states, where applicable, or in such condition as to qualify as an antique or racing vehicle as hereinafter provided.
C. Notwithstanding the aforesaid, the Malvern Borough Police Department is hereby authorized to issue a permit extending the thirty-day period for an additional 30 days. Such permit must be obtained every 30 days and can be obtained only upon submission of such proof as may be reasonably necessary to show cause for the issuance of such permit; such cause may include, but is not limited to, proof of order of individual and/or separate parts necessary to put the vehicle(s) in good running order so as to qualify for state inspection as aforesaid.
D. Antique cars, as defined in the Vehicle Code of the Commonwealth of Pennsylvania,[1] are exempted under this article.
E. Vehicles which are exclusively used for racing purposes on licensed tracks in this state or other states are exempt from the provisions hereunder, provided adequate proof is submitted to the Malvern Borough Police Department evidencing that the vehicle(s) is used for racing on such licensed track(s) at least four times a year. Upon the submission of such proof, the Police Department is authorized to issue a permit exempting such vehicles from this article. Such permit must be renewed yearly.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
L. 
Section 304.14 shall be amended by the deletion of the words "[DATE]" and "[DATE]" and the replacement thereof with "May 1" and "November 1," respectively.
M. 
Section 308, Rubbish and Garbage, shall be amended by adding thereto the following additional subsections:
Section 308.4. Streets, alleys and public property. It shall be unlawful for any person, persons, firm or corporation to dump, cast, throw, discharge, keep, suffer to remain or cause or permit to accumulate upon any highway, street or alley of this Borough or in or upon any property, lot or ground owned, supervised or controlled by the Borough, any ashes, wastepaper, boxes, cartons, cans, barrels, rubbish or other waste materials of any nature.
Section 308.5. Private property.
A. Unlawful activities.
(1) Dumping. It shall be unlawful for any person to dump, deposit, store, or otherwise place rubbish or garbage upon private property owned by that person or owned by another person in violation of the provisions of this chapter.
B. Exceptions. Nothing in this section shall be construed to prohibit:
(1) Any uses by right or conditional uses permitted in LI Limited Industrial District or the LII Limited Industrial District located in the Borough under the Malvern Borough Zoning Ordinance;[2] or
(2) Any demolition or construction pursuant to properly obtained permits issued by the Borough; or
(3) The regular, periodic, and scheduled collection of trash, garbage, and rubbish for appropriate disposal, and the temporary storage, not to exceed 15 days, of the same in proper and approved receptacles or containers; provided that the means of such collection or storage does not constitute a nuisance or violate any other provision of the Code of the Borough of Malvern.
[2]
Editor's Note: See Ch. 220, Zoning.
N. 
Section 404.4, Bedroom and living room requirements, shall be amended to add new Subsection 404.4.6 as follows:
Section 404.4.6. Sleeping rooms in basements. Basements shall be deemed nonhabitable spaces for sleeping purposes or bedrooms unless the basement bedroom or sleeping room has at least one direct egress to the outside and otherwise complies with the requirements of Sections 404.4.1 through 404.4.5 and Sections 702.1 through 702.5 of the Borough Property Maintenance Code.
O. 
Section 602.3, Heat supply, shall be amended by the deletion of the words "[DATE]" and "[DATE]" and the replacement thereof with "November 1" and "May 1," respectively.
P. 
Section 602.4, Occupiable workspace, shall be amended by the deletion of the words "[DATE]" and "[DATE]" and the replacement thereof with "November 1" and "May 1," respectively.
All relevant ordinances, regulations, and policies of this Borough not governed by this Code shall remain in full force and effect.