[HISTORY: Adopted by the Board of Supervisors of the Township of Palmer 5-6-1968 by Ord. No. 91. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code — See Ch. 55.
Uniform construction codes — See Ch. 60.
Fire prevention — See Ch. 81.
Foreclosed and abandoned real property — See Ch. 85.
Nuisances — See Ch. 109.
One- and Two-Family Dwelling Unit Code — See Ch. 112.
Refuse disposal — See Ch. 138.
Solid waste — See Ch. 156.
Subdivision and land development — See Ch. 165.
Weeds and visual obstructions — See Ch. 186.
Zoning — See Ch. 190.
[Amended 2-19-1973 by Ord. No. 135; 7-28-1987 by Ord. No. 221; 12-18-2000 by Ord. No. 2000-293]
The short title of this ordinance shall be the "Palmer Township Property Maintenance Code."
[Amended 2-19-1973 by Ord. No. 135; 2-24-1976 by Ord. No. 161; 4-14-1981 by Ord. No. 186; 7-28-1987 by Ord. No. 221; 7-27-1993 by Ord. No. 253; 12-18-2000 by Ord. No. 2000-293; 12-3-2012 by Ord. No. 2012-416; 9-8-2020 by Ord. No. 2020-463; 2-21-2023 by Ord. No. 2023-476]
A. 
The publication entitled "International Property Maintenance Code/2018," Chapters 1 through 8 and its errata sheets, specifically excluding Section 307, authored and published by the International Code Council in 2018, hereinafter called the "code," is hereby accepted, adopted and incorporated herein by reference in its entirety, except as may be hereinafter otherwise indicated, as the Palmer Township Property Maintenance Code.
B. 
The "International Property Maintenance Code/2018" and its errata sheets and appendixes shall be made available for inspection by any citizen at the Palmer Township Municipal Building.
C. 
As it relates to its incorporation by reference as the applicable property maintenance code for Palmer Township, the following information shall be inserted into the following sections of the International Property Maintenance Code/2018:
(1) 
The name of the jurisdiction for Section 101.1 shall be "Palmer Township."
(2) 
The dollar amounts for Section 112.4 shall be "not less than $100.00 or more than $1,000.00."
(3) 
The maximum height of weeds or plant growth in Section 302.4 shall be "six (6) inches."
(4) 
The period for insect screens for Section 304.14 shall be from "April 1st to December 1st of each calendar year."
(5) 
The period for heat supply for Section 602.3 shall be from "October 1st to April 1st of each calendar year."
(6) 
The period for heat supply in occupiable work spaces for Section 602.4 shall be from "October 1st to April 1st of each calendar year."
D. 
As it relates to its incorporation by reference as the applicable property maintenance code for Palmer Township, the following sections of the International Property Maintenance Code/2018 shall be amended:
(1) 
103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as adopted and set forth by resolution.
(2) 
106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 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 shall 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.
(3) 
202 Definitions.
RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery vehicle and boat parts and dust and other similar materials. This term shall also include indoor furnishings and fixtures such as indoor furniture, appliances, lighting fixtures, mattresses, and appliances when left on exterior premises unless exclusively manufactured for exterior use.
(4) 
303.1 Swimming pools. Swimming pools, hot tubs, ponds, waterholes and birdbaths shall be maintained in a clean and sanitary condition, and in good repair and free of stagnant water. All swimming pools shall be equipped with an operable filtration system and be maintained to prevent the accumulation of stagnant water. If a swimming pool is equipped with a tight-fitting cover, that cover must be maintained to prevent the accumulation of stagnant water thereon between April 1st through November 1st of each calendar year. Stagnant water is any water standing for three (3) days in the absence of any precipitation.
(5) 
303.2 Enclosures. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
(6) 
308.1 Accumulation of rubbish or garbage. Exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. All furniture, materials and other similar products designed, built, and/or manufactured exclusively for indoor living use shall not be placed or stored on exterior porches, in yards or any part of an exterior property in residential and non-residential areas. The storage or placement of automobile car seats and other non-weather resistant materials shall also be prohibited.
(7) 
605.1 Installation. Electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. Portable generation systems shall not be used in lieu of a public utility.
Exception: A portable generation system may be used during a temporary interruption as necessary while repairs or alterations are in progress or during a power outage of the service provider.
E. 
As it relates to its incorporation by reference as the applicable property maintenance code for Palmer Township, the following sections shall be added to the International Property Maintenance Code/2018:
(1) 
104.2.1 Inspection requirements. All properties which undergo a change of occupancy, tenancy or use group of any structure shall be inspected for the purposes of ascertaining compliance with the Township Codes.
Exceptions: One- and two-family dwellings and Residential Group R occupancies (as defined in the 2018 International Building Code).
(2) 
Section 202 shall hereby include the following definitions:
(a) 
BIRD FEEDER. A container, receptacle or apparatus designed for the feeding of songbirds or other backyard birds.
(b) 
CONSTRUCTION EQUIPMENT. Any equipment or device designed and intended for use in construction or material handling including but not limited to air compressors, air tracks, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, forklifts, cranes, loaders, backhoes, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders and other material handling equipment.
(c) 
FEED. To give, place, expose, deposit, distribute or scatter any edible material which can be utilized for consumption by wild animals. Feeding does not include baiting for the legal taking of fish and/or game.
(d) 
MOTOR VEHICLE. A vehicle which is self-propelled except an electric personal assistive mobility device or a vehicle which is propelled solely by human power.
(e) 
RECREATIONAL VEHICLE OR UNIT. A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use. Recreational vehicles include travel trailers, truck-mounted campers, motor homes, folding tent campers and automobiles, buses or trucks adapted for vacation use, snowmobiles, mini-bikes, all-terrain vehicles, go-cart, golf carts, personal watercrafts, boats, boat trailers, and other vehicles not suitable for daily conventional family transportation on Township roads, streets and highways.
(f) 
TRAILER. A vehicle without propelling power designed to be drawn by a motor vehicle.
(g) 
WILD ANIMAL. Any animal, which is not normally domesticated in this state, including but not limited to coyotes, deer, feral cats, foxes, groundhogs, squirrels, chipmunks, mice, rats, rabbits, opossums, raccoons, skunks, and waterfowl.
(3) 
301.2.1. 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. Where properties abut an unopened way or street, the abutting property owner shall be responsible for the maintenance of one-half the width of such unopened way or street.
(4) 
302.8.1 Parking of motor vehicles, recreational vehicles or units and trailers. Motor vehicles, recreational vehicles or units, trailers and similar shall not be parked, kept or stored on grass, dirt or any other surface except paved, concrete or approved stone areas.
Exception: Recreational vehicles or units and trailers may be parked, kept or stored on other surfaces approved by the authority having jurisdiction.
(5) 
302.10 Construction machinery, equipment and materials. Except where permitted by other township ordinances, construction machinery, equipment and/or materials shall not be parked, kept or stored on exterior property and premises.
Exception: Construction equipment, machinery and/or materials temporarily kept for and during the improvement of the lot or structure.
(6) 
302.11 Feeding of wild animals prohibited. No person shall purposely or knowingly, feed or in any manner provide access to food to any wild animal. Feeding of songbirds and other backyard birds, not including waterfowl, shall be permitted outdoors at such times and in such a manner that:
1.
The feeding does not create an unreasonable disturbance with wildlife;
2.
Any feed must be placed within a bird feeder and such bird feeder elevated at least four feet above ground.
3.
Bird feeders are placed where wildlife other than songbirds and backyard birds are unable to eat from them and do not become an attractant for wild animals.
F. 
Pursuant to Section 103.2 of the International Property Maintenance Code/2018, the "Code Officials" appointed by the Board of Supervisors of Palmer Township charged with the responsibility of overseeing the enforcement of property maintenance in Palmer Township shall be Palmer Township's Fire Commissioner/Emergency Management Director and appointed deputies, Palmer Township's Code Enforcement Officers and/or Palmer Township's Zoning Officer.
All ordinances and parts of ordinances inconsistent herewith are hereby repealed.
The provisions of this ordinance are severable. If any sentence, clause or section of this ordinance, including the code, is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses or sections of this ordinance, including the code. It is hereby declared to be the intent of the Board of Supervisors of Palmer Township that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause or section not been included herein or in the code.
[Amended 10-25-1988 by Ord. No. 227]
A. 
Any owner, general agent or building contractor or subcontractor who violates any of the provisions of this ordinance, and the lessee or tenant of the entire building or entire premises where such violation has been committed or shall exist, and the owner, general agent, building contractor or subcontractor or any other person, firm or corporation who knowingly commits, takes part or assists in any such violation, shall be liable, upon conviction before any Alderman or Justice of the Peace, to pay a fine or penalty to the Township, and for the use of the Township, in an amount not to exceed $1,000 or, in default of payment, to be sentenced to imprisonment in the county prison for a period not exceeding 30 days.
B. 
Each day of violation of the particular code or ordinance applicable shall be considered a separate offense, for which the fines and penalties stated herein may be imposed on a daily basis.
C. 
For collection of fines and penalties, see § 1-16E of Chapter 1, General Provisions.[1]
[1]
Editor's Note: Former § 128-6, Minimum exit requirements, as amended, and § 128-7, Minimum square footage requirements, as amended, which immediately followed, were repealed 2-21-2023 by Ord. No. 2023-476.