[HISTORY: Adopted by the Board of Supervisors of the Township of
West Lampeter 3-12-2007 by Ord. No. 195.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 120.
Storage of garbage and recyclables — See Ch. 224.
Zoning — See Ch. 285.
[1]
Editor's Note: This ordinance also repealed former Ch. 197, Property
Maintenance, adopted 1-15-2001 by Ord. No. 158.
This chapter shall be known and may be cited as the "West Lampeter Township
Property Maintenance Code."
A certain document, copies of which have been and are presently on file in the Office of the Secretary of the Township of West Lampeter, Lancaster County, Pennsylvania, being marked and designated as the "International Property Maintenance Code/2006," as published by the International Code Council is adopted as the West Lampeter Township Property Maintenance Code, creating a code of property maintenance regulations for the protection of public health, safety and welfare as herein provided. Each and all of the regulations of the International Property Maintenance Code/2006, except as provided in § 197-3 of this chapter, are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, enumerated in § 197-3.
Changes from the International Property Maintenance Code/2006 to the
West Lampeter Township Property Maintenance Code are as follows:
A.
Section 101.1 shall be amended by inserting "Township
of West Lampeter, Lancaster County, Pennsylvania."
B.
Section 103.5 shall provide as follows:
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103.5. Fees. The fees for activities and services performed
by the Code Official in carrying out his responsibilities under this code
shall be established by resolution or ordinance of the Board of Supervisors.
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C.
Section 106.3, Prosecution of violation, shall be amended
to provide as follows:
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106.3. Prosecution of violation. If the Code Official has
served a notice of violation and the notice of violation is not complied with
within the time specified in such notice, or if the Code Official determines
that there is insufficient time to serve a notice of violation or that such
notice of violation will have no practical or beneficial effect, the Code
Official shall notify the Board of Supervisors of the violation and shall
request the Board of Supervisors to authorize institution of enforcement proceedings
against the violator and/or authorize the Township Solicitor to institute
the appropriate proceedings 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 any order
or direction made pursuant thereto. If the Code Official or if any police
officer observes a violation of Section 302 or Section 307 of this code, in
addition to the foregoing, such Code Official or police officer is hereby
empowered to institute summary criminal proceedings against the violator.
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D.
Section 106.4 shall provide as follows:
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106.4. Penalty. Any person who shall violate a provision
of this code; or who shall fail to comply with any of the requirements thereof;
or who shall use, maintain or alter a lot, building or structure in violation
of any approved plan or directive of the Code Official or of any order, permit
or certificate issued under the provisions of this code; or who shall violate
any order of the Code Official; or who shall fail to remedy or who shall negligently
or improperly remedy any health hazard; or who shall fail to completely implement
a plan to remedy a health hazard which has been reviewed and approved by the
Code Official shall be liable upon summary conviction therefor to fines and
penalties of: a) not less than $100 nor more than $1,000 plus all costs of
prosecution for a first offense; b) not less than $200 nor more than $1,000
plus all costs of prosecution for a second offense; and c) not less than $300
nor more than $1,000 plus all costs of prosecution for a third offense, which
fines and penalties may be collected as provided by law. All fines and penalties
collected for violation of this code shall be paid over to the Township Treasurer.
Each day that a violation continues and each section of this code which is
violated shall be deemed a separate offense. This code may also be enforced
by an action in equity brought in the Lancaster County Court of Common Pleas.
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E.
Section 107.3 shall provide as follows:
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107.3. Method of service. Service of said notice shall
be made upon the owner or occupant of the said premises in any of the following
manners: by delivering the same to such owner or occupant personally or by
delivering the same to and leaving it with any adult person in charge of the
said premises or by affixing the same in a conspicuous position upon said
premises or by sending said notice by certified or registered mail addressed
to the owner at the last known address with return receipt requested. Such
procedures shall be deemed the equivalent of personal notice.
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F.
Insert new Sections 107.6 through 107.6.2 which shall
provide as follows:
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107.6. Notice to abate health hazard or public nuisance.
It shall be the duty of the Code Official to cause a notice to be served upon
the owner or occupant of any premises whenever property is maintained so as
to constitute a health hazard or a public nuisance and to require abatement
of the health hazard or public nuisance within 10 days from the date of service
of such notice or such other time period as may be set forth in the notice.
Service of such notice shall be as provided in Section 107.3.
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107.6.1. Performance of work upon noncompliance with notice.
In the event that the owner or occupant shall refuse or neglect to abate such
health hazard or public nuisance within the time period as required by such
notice, or in the event that the owner or occupant shall perform action necessary
to eliminate the health hazard in a negligent or incomplete fashion, the Code
Official may cause such condition to be eradicated and/or removed, or take
action necessary to eliminate such health hazard or nuisance of which the
owner or occupant has been notified, keeping an account of the expenses of
inspecting the premises, service of notice and abating the health hazard and
nuisance. All such costs and expenses shall be charged to and paid by the
owner or occupant.
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107.6.2. Collection of costs. All costs and expenses the
Township incurs in the abatement of such health hazards and public nuisances
shall be a lien upon the premises, and whenever a bill therefor remains unpaid
after it has been rendered, the Township Solicitor shall file a municipal
claim and/or civil action for such costs and expenses, together with a penalty
of 25% of the costs and expenses, and for allowable attorneys' fees, in the
manner provided by law for the collection of municipal claims and/or the filing
of civil actions.
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G.
Section 110.3 shall provide as follows:
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110.3. Failure to comply. Whenever the owner of a property
fails to comply with a demolition order within the time period prescribed,
the Code Official shall request the Board of Supervisors to authorize the
Township Solicitor to institute an action at law or in equity against the
property owner to obtain an order authorizing the Code Official to raze and
remove such structure or contract for the razing and removal of such structure
at the expense of the owner of the property. At the completion of such razing
and removal, the Township Solicitor shall file a municipal claim as a lien
against the property in the amount of the Township's costs plus a penalty
of 25% of such costs and for allowable attorneys' fees. The Township Solicitor
may also institute any proceedings at law or in equity to provide for the
collection of the Township's costs and expenses.
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H.
Section 110.4 shall be deleted in its entirety.
I.
Section 111, Means of appeal, shall be deleted in its
entirety. A new Section 111, Appeals, shall be inserted which shall provide
as follows:
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111.1. Appeals. An appeal from any decision of the Code
Official may be taken to the Board of Supervisors. Such appeal shall be made
in writing within 10 days after such decision has been made. The appeal shall
be verified by an affidavit, shall state the grounds therefor and shall be
filed with the Township Secretary. The appeal shall be accompanied by the
appeal fee which shall be established by ordinance or resolution of the Board
of Supervisors. The appellant or his representative shall have the right to
appear and be heard, if such right is requested in the written appeal. The
Board of Supervisors shall make a prompt decision on such appeal. In making
a decision, the Board of Supervisors may vary or modify any provision of this
code where there are practical difficulties in the way of executing the strict
letter of the law so that the spirit of the law shall be observed, public
safety secured, and substantial justice done. Such variation or modification
shall be the minimum necessary in order to grant relief. The Board of Supervisors
shall render a written decision, copies of which shall be provided to the
Code Official and the appellant.
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J.
ABATE/ABATEMENT
BOARD OF SUPERVISORS
EXPOSED SURFACE
LEAD-BASED COATING
POLICE DEPARTMENT
POLICE OFFICER
RECOGNIZED METHOD OF ANALYSIS
TOWNSHIP
VEHICLE, HAZARDOUS
(1)
(2)
(3)
Section 202, General definitions, shall be amended by
inserting the following definitions:
When used in connection with lead-based coating, the reduction of,
removal of, or encapsulation of lead, followed by thorough cleanup and post-cleanup
treatment, from the surfaces and sources that promote exposure resulting in
the possibility of lead toxicity or poisoning, which abatement shall be in
a manner approved or determined to be appropriate by the Code Official. The
methods of abatement and subsequent disposal of lead shall not present a hazard
to health from fumes, dust or vapors by inhalation, ingestion or absorption
through the skin and mucous membranes and shall be in accordance with all
applicable laws, ordinances, regulations and safety standards of the Township,
the state and federal agencies.
The governing body of the Township.
When used in connection with lead-based coatings, all interior surfaces
of a dwelling or other structures which may be occupied by children and those
exterior surfaces of such dwelling or structures which are readily accessible
to children under six years of age, such as stairs, decks, porches, railings,
windows, doors and sidings. Any yard or other area in the vicinity of a dwelling
or structure, including without limitation any soil, yard or other area which
may be subject to contamination from flaking or peeling lead-based coatings
or any other source of lead, is also considered an exposed surface.
Any paint, varnish, glaze or other applied liquid surface coating
and putty or plaster which contains a quantity of lead in excess of 0.6 milligrams
per square centimeter of surface.
The West Lampeter Township Police Department.
A member of the Police Department.
Any recognized method of lead detection and analysis which results
in measurement of lead in milligrams in a square centimeter of a particular
area, including without limitation a radio isotope x-ray fluorescent analyzer
for in-place determination of lead content.
The Township of West Lampeter, Lancaster County, Pennsylvania.
A vehicle, including but not limited to an automobile, bus, van,
truck, recreational vehicle or trailer, which:
Contains one or more broken windows or one or more missing doors or
a missing trunk or hood which allow entry into the vehicle by children or
vermin; or
Is structurally unstable or supported by blocks, jacks or other devices
which may slip or move, presenting a danger to passersby; or
Is parked upon property in such a manner as to obstruct the vision of
drivers or interfere with the free movement of pedestrians or traffic or create
a fire hazard.
K.
Insert a new Section 301.4 which shall provide as follows:
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301.4. Interference with compliance. No person shall take
or cause any person to take any action which creates a condition which results
in a premises violating any requirement of this code, including but not limited
to the tampering with water service or sewer service or facilities, depositing
of rubbish or garbage or any other discarded materials on a premises, removal
of fire extinguishers, and blocking exits. Notwithstanding the foregoing,
it shall not be a violation of this code for the supplier of public water
service to cease service for nonpayment of water or sewer rates or charges
in accordance with applicable laws and procedures.
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L.
Section 302.4 shall provide as follows:
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302.4. Weeds. All premises and exterior property of lots other than lots or portions of lots which contain delineated wetlands, contain wooded areas greater than 10,000 square feet, or are located within the A Agricultural District, OSR Residential - Open Space District, and the Floodplain Area Overlay Zoning District, as established by Chapter 285, Zoning, shall be maintained free from weeds or plant growth in excess of the 10 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, protected wildflowers and wetlands.
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The Code Official or any officer or employee of the Township designated
for this purpose is hereby authorized to give notice, by personal service,
by United States mail or by posting the property, to the owner of any premises
whereon grass, weeds or other vegetation is growing or remaining in violation
of the provisions of this code, directing and requiring such owner to remove,
trim or cut such grass, weeds or vegetation so as to conform to the requirements
of this code, within five business days after the issuance of such notice.
In case any person shall neglect, fail or refuse to comply with such notice
within five business days after the issuance of such notice, Township authorities
may remove, trim or cut such grass, weeds or vegetation, and the cost thereof,
together with a penalty of 25% of such cost and allowable attorneys' fees,
may be collected by the Township from such person in the manner provided by
law.
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If the Code Official or any officer or employee of the Township has
given notice under this section in the calendar year and the owner did not
comply with the notice within the required five business days, the Township
shall not be required to give additional notice to the owner before the Township
removes, trims or cuts grass, weeds or vegetation on the property in that
same calendar year, and the Township may collect the cost thereof, together
with a penalty of 25% of such cost, and allowable attorneys' fees from such
person in the manner provided by law.
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M.
Section 302.8 shall be amended to provide as follows:
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302.8. Vehicles. Except as provided in other regulations, the parking and storage of motor vehicles, including but not limited to automobiles, buses, vans, trucks, recreational vehicles, and trailers, shall be limited as provided herein and as provided in Chapter 285, Zoning.
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302.8.1. Hazardous vehicles. No person who owns a hazardous
vehicle shall park, place, deposit or permit the parking, placement or depositing
of the hazardous vehicle on any property. No property owner shall permit any
hazardous vehicle to remain on a premises. If any hazardous vehicle is parked
or placed upon a premises, the Code Official and/or the Police Department
shall notify the owner or occupant of the premises of the duty to remove the
hazardous vehicle. The Code Official and/or the Police Department shall post
upon the hazardous vehicle in a conspicuous place a notice directing the removal
of the hazardous vehicle within 10 days. Should the vehicle not be removed,
the Code Official and/or the Police Department shall serve a second notice,
which shall be in writing and shall provide a time limit not to exceed five
days within which the hazardous vehicle has to be removed. Said notice shall
be served as provided in Section 107.3 herein and shall additionally be posted
upon the hazardous vehicle. If the owner of the premises fails to remove the
hazardous vehicle, the Township may take action to abate the health and/or
safety hazard resulting from the hazardous vehicle in the manner provided
in Sections 107.3.2 and 107.3.3 herein.
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N.
A new Section 302.10 shall be added which shall provide
as follows:
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302.10. Used vehicle parts and tires. No person shall place,
deposit or permit the placement or depositing of used vehicle parts or tires
outside of an enclosed structure on any property unless such used vehicle
parts or tires are secured to prevent removal and unless such used vehicle
tires are wrapped or covered in a manner sufficient to prevent the accumulation
of any standing water, to eliminate all breeding grounds for insects and to
eliminate all areas which could be used as harborage for rodents or other
animals.
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O.
Section 304.2, Protective treatment, shall be amended
by adding the following sentence to the existing section:
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If exterior painted surfaces contain lead levels as set forth in Section
305.7 herein, all requirements of Section 305.7 shall be met.
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P.
Section 304.14, Insect screens, shall be amended by inserting
"April 15" and "October 1" into the appropriate places.
Q.
A new Section 305.7 shall be added which shall provide
as follows:
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305.7. Lead-based coatings. Any source of lead, including
without limitation a lead-based coating, shall be considered a health hazard
to a child under six years of age who has demonstrated an elevated blood level
(which for the purposes of this code shall be considered to be a level equal
to or greater than 10 micrograms per deciliter or any future standard established
by the United States Public Health Service Centers for Disease Control) if:
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1.
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It exists in or about a dwelling or other structure in which a child
under six years of age who has demonstrated an elevated blood lead level commonly
resides or visits; and
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2.
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It is determined to be on any flaking, peeling, non-intact deteriorated
surface or on any exposed surface or in any soil or dust found in or about
the dwelling or structure or in any rugs, carpet or other surface coverings
in or about the dwelling or structure; and
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3.
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It contains a quantity of lead in excess of 0.6 milligrams per square
centimeter of surface when measured by a recognized method of analysis.
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305.7.1. Notices. Sources of lead, including lead-based
coating areas, must be marked with warnings immediately upon positive testing,
and notice of these areas shall be given to the occupant at the time of testing
to avoid further child poisoning.
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305.7.2. Abatement of health hazard. If it is determined
that there exists a health hazard under Section 305.7, the owner shall be
responsible to abate the hazard within such time as specified by the Code
Official. The owner and/or occupant of the premises shall bear the cost of
abatement and shall present a written plan of abatement to the Code Official
for review and approval prior to initiating said abatement. The owner and/or
occupant of the premises shall abate the health hazard in accordance with
the approved plan, shall completely perform all steps of such approved plan,
and shall perform the work set forth in the approved plan in a good and workmanlike
fashion. The owner and/or occupant of the premises shall submit proof satisfactory
to the Code Official of abatement promptly upon completion.
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R.
Section 307, Rubbish and garbage, shall be amended by
adding new Sections 307.4, Notices of violation, and 307.5, Enforcement, which
shall provide as follows:
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307.4. Notices of violation. The Code Official or any officer
or employee of the Township designated for this purpose is hereby authorized
to give notice, by personal service, by United States mail or by posting the
property, to the owner of any premises on which there exist accumulations
of rubbish or garbage remaining in violation of the provisions of this code,
directing and requiring such owner to remove such accumulations of rubbish
or garbage so as to conform to the requirements of this code, within five
business days after the issuance of such notice. In case any person shall
neglect, fail or refuse to comply with such notice within five business days
after the issuance of such notice, Township authorities may remove such accumulations
of rubbish or garbage, and the cost thereof, together with a penalty of 25%
of such cost, and allowable attorneys' fees may be collected by the Township
from such person in the manner provided by law.
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If the Code Official or any officer or employee of the Township has
given notice under this section in the calendar year and the owner did not
comply with the notice within the required five business days, the Township
shall not be required to give additional notice to the owner before the Township
removes accumulations of rubbish or garbage on the property in that same calendar
year, and the Township may collect the cost thereof, together with a penalty
of 25% of such cost, and allowable attorneys' fees from such person in the
manner provided by law.
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307.5. Enforcement. The Code Official or any police officer
shall be authorized to institute summary criminal proceedings against any
person who fails to comply with the requirements of this Section 307 prohibiting
accumulations of rubbish or garbage and requiring proper storage and disposal
of rubbish and garbage. The failure to maintain exterior premises and property
and the interior of a structure free from accumulation of rubbish and garbage
and/or the failure of any person to comply with the requirements of Sections
307.2 and 307.3 of this code is a violation of the provisions of this code,
whether or not the Code Official or other officer or employee of the Township
provides the notice set forth above. Any police officer and the Code Official
may institute summary enforcement proceedings pursuant to Section 106 of this
code. Such prosecution shall not prevent the Township from also proceeding
under the provisions of Section 307.4 to abate nuisance conditions on the
property.
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S.
Section 507.1, General, shall be amended to provide as
follows:
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507.1. General. Drainage of roofs and paved areas, yards,
courts, and other open areas on the premises shall not be discharged in a
manner which creates a nuisance. Without limiting the foregoing, drainage
of stormwaters from any source shall not be directed into any drain connecting
with any public sewer system, any individual or community sewage disposal
system, any cesspool, or any absorption area for a sewage disposal system.
Drainage water from any source shall not be directed on to the cartway of
a public street or discharged in such a manner that water accumulates on the
cartway of a public street.
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T.
Section 602.3, Heat supply, shall be amended by inserting
"October 1" and "April 15" into the appropriate places.
U.
Section 602.4, Occupiable work spaces, shall be amended
by inserting "October 1" and "April 15" into the appropriate places.
