[HISTORY: Adopted by the Board of Commissioners of the Township of
Patterson 4-12-2007 by Ord. No. 415.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 152, Property
Maintenance, adopted 7-3-1973 by Ord. No. 230, amended in its entirety 10-12-1995
by Ord. No. 343.
The Board of Commissioners of the Township of Patterson hereby adopts the International Property Maintenance Code, 2003 Edition, as published by the International Code Council, as the Property Maintenance Code of the Township of Patterson, Beaver County, Pennsylvania (hereafter "Property Maintenance Code"). Said Property Maintenance Code is adopted for the purpose of 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 items and conditions essential to ensure that structures are safe, sanitary, and fit for occupancy and use; by providing for the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as provided herein; and by adopting and making a part hereof each and all of the regulations, provisions, conditions, and terms of said Property Maintenance Code, as if the same were fully set out in this chapter, with the additions, insertions, deletions, and changes, if any, prescribed in § 152-2 of this Chapter 152. Three copies of said Property Maintenance Code shall be on file in the office of Township Secretary of the Township of Patterson.
The following sections are hereby revised:
A.
Insertions.
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Section 101.1: insert "Township of Patterson."
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Section 602.3: insert "October 1, April 30."
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Section 602.4: insert "October 1, April 30."
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B.
Amendments. The following sections are hereby amended
to read as follows:
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103.1 General. The administration and enforcement of this Chapter 152, Property Maintenance, and of the referenced codes adopted herein shall be carried out by one or more Code Officials or third-party agencies appointed by ordinance of the Township of Patterson to act on behalf of the municipality, in accordance with the codes adopted herein.
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103.2 Appointment. The Code Official shall be the person
and/or agency as appointed by the Board of Commissioners of the jurisdiction
in accordance with Section 103.1.
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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 by resolution of the Board of Commissioners.
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106.3 Prosecution of violation. 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, and 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.
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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 be subject, for each violation, to a fine not exceeding $1,000
and cost of prosecution and/or to be imprisoned for a term not to exceed 30
days. Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
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107.2 Form.
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4.
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Include a correction order allowing a reasonable time, not to exceed
60 days, to make the repairs and improvements required to bring the dwelling
unit or structure into compliance with the provisions of this Code.
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111.1 Application for appeal. Any person directly affected
by a decision of the Code Official or a notice or order issued under this
code shall have the right to appeal to the Code Hearing Board, provided that
a written application for appeal is filed within 30 days after the date the
decision, notice, or order was served.
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111.2 Code Hearing Board.
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111.2.1 Creation, appointment, and organization. The membership
of the Code Hearing Board shall consist of three residents of the municipality
appointed by the governing body. They shall serve without any compensation.
Their terms of office shall be three years and shall be so fixed that the
term of office of one member shall expire each year. The Code Hearing Board
shall promptly notify the governing body of any vacancies which occur. Appointments
to fill vacancies shall be only for the unexpired portion of the term. Members
of the Code Hearing Board shall hold no other office in the municipality,
except that the members of the Code Hearing Board may also serve as the members
of the Zoning Hearing Board or a joint Code/Zoning Hearing Board.
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111.2.2 Powers and duties.
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1.
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The Code Hearing Board shall hear and decide appeals from any order,
requirement, decision, or determination made by the Code Official in the administration
of this chapter.
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2.
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The Code Hearing Board shall hear and decide all matters referred to
or upon which it is required to pass under this chapter and other applicable
laws of the Commonwealth of Pennsylvania.
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3.
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The Code Hearing Board shall hear and decide appeals where it is alleged
by the appellant that the Code Official has failed to follow prescribed procedures
or has misinterpreted or misapplied any provisions of a valid ordinance or
a map or any valid rule or regulation governing the action of the Code Official.
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4.
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The Code Hearing Board shall hear challenges to the validity of a code
ordinance or map. In all such challenges, the Board shall decide all contested
questions and shall make findings on all relevant issues of fact which shall
become part of the record on appeal to the Court.
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5.
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The Code Hearing Board may authorize special exceptions where the governing
body in the code ordinance has made provisions for such procedures pursuant
to express standards and criteria. The Board may attach such additional conditions
and safeguards as it may deem necessary.
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111.2.3 Procedure. The procedure of the Code Hearing Board
shall be governed by the provisions of the applicable laws of the Commonwealth
of Pennsylvania and such rules, not inconsistent therewith, as the Board may
adopt. In general, the procedure for appeal from action of the Code Official
shall be as follows:
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1.
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Any appeal from the requirements of the code ordinance shall be taken
by filing with the officer from whom the appeal is taken and with the Code
Hearing Board a Notice of Appeal specifying the ground thereof. The officer
from whom the appeal is taken shall forthwith transmit to the Board all the
documentary material constituting the record upon which the action appeal
was taken.
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2.
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The appellant shall at the time of filing his appeal, pay the enforcing
officer a fee as determined by the governing body to defray, or help defray,
the required advertising costs.
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3.
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Each appeal shall be tried on its merits at a public meeting. All hearings
shall be conducted in accordance with the requirements of the Pennsylvania
Municipalities Planning Code, Act 247, with respect to such proceedings. Notice
of such appeal shall be given by publishing in a newspaper of general circulation
in the Township and in accordance with the applicable law. The Board shall
give the additional notice required by law to all parties in interest and
it may adjourn any hearing for the purpose of giving such further notice.
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4.
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The Board shall decide each appeal within the time fixed by law, and
notice thereof shall be given to all parties in interest. The Board's
decision shall be immediately filed in the office of the Township of Patterson
and be of public record. In the exercise of its functions upon such appeals
or upon the exceptions, the Board may in conformity with law reverse or affirm
wholly or partly or modify the order, requirement, decision, or determination
appealed from or make such other requirements, decisions, or determinations
as in its opinions shall be made.
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5.
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Within seven calendar days after rendering a decision on an appeal,
the Code Hearing Board shall file a copy of such decision with the Township
Secretary for distribution to the governing body.
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6.
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Any person, officer, or agency at a municipality that is aggrieved by
any decision of the Board may appeal therefrom within 30 days to the Court
of Common Pleas as provided by law.
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111.2.4 Appointment of alternate members. The Township
Commissioners may appoint by resolution at least one, but no more than three,
residents of the Township to serve as alternate members of the Board. The
term of office of an alternate member shall be three years. When seated pursuant
to the provisions of Section 111.4, an alternate shall be entitled to participate
in all proceedings and discussions of the Board to the same and full extent
as provided by law for Board members, including specifically the right to
cast a vote as a voting member during the proceedings, and shall have all
the powers and duties set forth in this chapter and as otherwise provided
by law. Alternates shall hold no other office in the Township, including membership
on the Planning Commission, and Code Officials, except that the alternates
may also serve as the members of the Zoning Hearing Board. Any alternate may
participate in any proceeding or discussion of the Board but shall not be
entitled to vote as a member of the Board unless designated as a voting alternate
member pursuant to Section 111.2.5 of this chapter.
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111.2.5 Participation by alternate members. If by reason
of absence or disqualification of a member, a quorum is not reached, the Chairman
of the Board shall designate as many alternate members of the Board to sit
on the Board as may be needed to provide a quorum. Any alternate member of
the Board shall continue to serve on the Board in all proceedings involving
the matter or case for which the alternate was initially appointed until the
Board has made a final determination of the matter or case. Designation of
an alternate pursuant to this section shall be made on a case-by-case basis
in rotation according to declining seniority upon all alternates.
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302.4 Weeds. All premises and exterior property shall be
maintained free from weeds or 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.
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302.8 Motor vehicles. Except as provided for in other regulations,
no inoperable motor vehicle shall be parked, kept, or stored on any premises,
and no vehicle shall at any time be in a state of major disassembly, disrepair,
or in the process of being stripped or dismantled. Painting of vehicles is
prohibited unless conducted inside an approved spray booth. Storage shall
include storing inoperable motor vehicles on blocks and/or trailers, regardless
of whether or not said trailer is currently licensed or registered.
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Exception: A vehicle of any type is permitted to undergo
major overhaul, including bodywork, provided that such work is performed inside
a structure or similarly enclosed area designed and approved for such purposes.
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304.7 Roofs and drainage. The roof and flashing shall be
sound, tight, and not have defects that admit rain. Roof drainage shall be
adequate to prevent dampness or deterioration in the walls or interior portion
of the structure. Roof drains, gutters, and downspouts shall be maintained
in good repair and free from obstructions. Roof water shall not be discharged
into the sanitary sewer system or otherwise maintained in a manner that creates
a public nuisance.
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507.1. General. Drainage of roofs and paved areas, yards
and courts, and other open areas on the premises shall not be discharged into
the sanitary sewer system or in any other manner that creates a public nuisance.
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C.
Additions. The following Sections of the International
Property Maintenance Code are hereby added as follows:
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110.1.1 Demolition permit. Prior to demolition, a demolition
permit must be completed and submitted with the applicable fee. Demolition
permits are available at the Patterson Township Municipal Building.
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110.1.2 Demolition procedure. Prior to demolition, utility
companies must be notified and services disconnected at the street and capped.
The debris from the structure must be disposed of in a manner consistent with
state regulations, and all excavations must be filled to existing grade and
seeded, or be fenced and otherwise protected in anticipation of new construction.
Prior to demolition, commercial structures must be inspected and any asbestos
found must be certified and removed by a company certified to perform this
work. Certificates that this work has been performed must accompany the demolition
permit.
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302.10 Trees. All trees and tree limbs shall be properly
maintained. When a tree or tree limb is found in danger of collapse, the tree
or section of tree shall be removed. Collapsed trees and/or limbs shall be
removed.
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302.11 Township action. Upon failure of the owner or agent
having charge of the property to comply with a notice of violation of this
Section 302 within 10 days of the date of the notice of a first or second
violation or within five days of the date of the notice of a third or subsequent
violation, said owner or agent shall be subject to prosecution in accordance
with Section 106.3.
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302.12 Violation penalties. Any person who shall violate
a provision of this Section 302, or fail to comply therewith or with any of
the requirements thereof, shall be subject for the first violation to a mandatory
fine of $100 and cost of prosecution and/or to be imprisoned for a period
not to exceed 30 days. For a second or subsequent violation of this Section
302, or failure to comply therewith or with any of the requirements thereof,
such person shall be subject to a mandatory minimum fine of $200 up to a maximum
fine of $1,000 and cost of prosecution and/or to be imprisoned for a period
not to exceed 30 days. Each day that a violation continues after due notice
has been served shall be deemed a separate offense. In addition, upon failure
to comply with the notice of violation within the time limits set forth in
Section 302.11, any duly authorized employee of the jurisdiction or contractor
hired by the jurisdiction shall be authorized to enter upon the property in
violation and take the necessary corrective action and charge the cost of
the same against the property as a lien in accordance with Pennsylvania law.
This Section 302.12 shall supersede Section 106.4 for violations of Section
302 only.
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307.3.3 Removal of garbage from premises. The owner of
every dwelling shall provide for the removal of garbage from the premises
weekly.
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307.4 Open storage of certain items prohibited. No person
shall store in the open upon any land in the jurisdiction any of the following
items:
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1.
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Motor vehicles, boats, campers, motor homes, recreational vehicles,
and snowmobiles which are not currently licensed and inspected;
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2.
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Refrigerators, stoves, washers, laundry tubs or machines, or any other
household equipment or appliances;
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3.
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Televisions or radio sets; or
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4.
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Mechanical or electrical equipment and large tools.
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Open storage under this section shall include storage upon movable trailers,
whether or not said trailers are licensed and/or inspected.
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307.5 Large vehicles. No large vehicles, trailers, mobile
homes, camping trailers, boat or boat trailers, or other similar portable
or mobile vehicle or equipment shall be stored or parked within required yard
setback areas. Large vehicles include the following, as defined by 75 Pa.C.S.A.
§ 102: articulated bus, combination, construction truck, farm equipment,
full trailer, house trailer, limousine (capable of carrying 10 or more passengers),
maxi-cube vehicle, mobile home, motor home, recreational trailer, semitrailer,
stinger-steered automobile or boat transporter, tow dolly, trailer, truck-camper,
and truck tractor.
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307.6. Township action. Upon failure of the owner or agent
having charge of the property to comply with a notice of violation of this
Section 307 within 15 days of the date of the notice, said owner or agent
shall be subject to prosecution in accordance with Section 106.3. In addition,
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 take the necessary corrective
action and charge the cost of the same against the property as a lien in accordance
with Pennsylvania law.
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D.
Deletions. The following sections of the International
Property Maintenance Code are hereby deleted:
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Section 103.3
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Section 104.2
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Section 111.3
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Section 111.4
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Section 111.4.1
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Section 111.5
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Section 111.6
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Section 111.6.1
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Section 111.6.2
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Section 111.7
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Section 111.8
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Section 202, delete definition of "strict liability offense."
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Section 304.3
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Section 304.14
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Section 305.3
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Nothing in this chapter or in the Property Maintenance Code hereby adopted
shall be construed to affect any suit or proceeding pending before the Board
of Commissioners or court prior to adoption of the chapter; nor shall any
rights acquired, or any liability incurred, or any cause of action acquired
or existing prior to the adoption of this chapter, under any act or ordinance
hereby repealed, be lost, impaired or affected by this chapter.
