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Township of Whitemarsh, PA
Montgomery County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh 6-23-2005 by Ord. No. 801.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 42.
Garbage and refuse — See Ch. 48.
Littering — See Ch. 69.
Shade trees — See Ch. 100.
Streets and sidewalks — See Ch. 103.
Trash and garbage collection — See Ch. 109.
Weeds — See Ch. 114.
[1]
Editor's Note: This ordinance also superseded former Ch. 90, Property Maintenance, adopted 10-14-1993 by Ord. No. 655.
A certain document, three copies of which are on file in the offices of Whitemarsh Township, being marked and designated as the "International Property Maintenance Code, 2003 Edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Whitemarsh Township, in the State of Pennsylvania, for 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 things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of Whitemarsh Township 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, prescribed in § 90-2 of this chapter.
A Section 101.1. Page 1, line 1, insert the words "Whitemarsh Township" in place of [NAME OF JURISDICTION].
A. 
Section 103.5., titled Fees, page 2, shall be deleted in its entirety and replaced to read as follows:
103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the Township's Fee Schedule as approved by the Board from time to time.
B. 
Section 106.3, titled Prosecution of violation, Section 106.4, titled Violation penalties, and Section 106.5, titled Abatement of violation, shall be deleted in their entirety and replaced to read as follows:
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 offence, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Officer 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.
106.4 Violation penalties. Any person who fails to comply with any of the provision of this Property Maintenance Code, or any provision of any rule or regulation adopted by the Board or the Code Enforcement Officer pursuant to authority granted by this code, or fails to correct, within the time set by the Code Enforcement Officer, the defects for which a property has been cited, shall be fined not less than $100 nor more than $1000 or imprisoned not more than 30 days in the County Jail, or both such fine and imprisonment. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
106.5 Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the Township from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
C. 
A new section 106.6 titled Liens for charges, shall be inserted to read as follows:
106.6 Liens for charges. Any cost associated with any action taken by the Township on such premises to correct or abate any violations of this code or to secure the premises shall be charged against the real estate upon which the structure is located. Such cost shall include all associated Township employee, engineering and contracted services costs, plus an administrative handling charge. Failure of the owner to pay such cost shall result in a lien upon such real estate, which shall include all associated attorney filing fees.
D. 
A new section 108.1.5, titled Unsafe property, shall be inserted to read as follows:
108.1.5 Unsafe property. An unsafe property is a property in which dangers are present that could result in serious injury or death to any occupants, or persons within proximity of the violation, such as but not limited to electrical hazards, public health issues, trip and slip hazards and the improper storage of combustible and flammable products.
E. 
Section 111 titled Means of Appeal shall be renumbered 112 and all subsections renumbered accordingly, and a new section 111 titled Cease and Desist shall be inserted to read as follows:
SECTION III
CEASE AND DESIST
111.1. Stop-work and cease and desist orders. When, in the opinion of the Code Officer, there is an unlawful activity being conducted at a property, or work associated with the abatement of a violation is not being performed properly, or there exists an activity or condition that is detrimental to the peace and good order of the community, or is causing a public nuisance, and the continuation of such activities or conditions will only further exasperate the situation, then the code officer may issue a stop-work or cease and desist order on those persons responsible for such activities or conditions.
111.2. Failure to comply. Such order shall be considered proper notice of violation of this code. If the persons responsible for such activities or conditions fail to obey such orders, then those persons responsible shall be subject to the violations and penalties as outlined in Section 106.4.
111.3. Separate violations. Failure to comply with a stop-work and or cease and desist order shall be considered a separate violation where such activities or conditions do not require prior notice as spelled out in this code.
F. 
Section 202, titled General Definitions, shall be amended to include the following definitions:
BOARD
Whitemarsh Township Board of Supervisors or its designee.
CODE
The Whitemarsh Township Property Maintenance Code, as amended.
EQUIPMENT
The implements or physical resources by which any operation or activity is performed on the exterior of a structure.
EXTERIOR PROPERTY
The portions of the property and adjoining property not otherwise occupied by a structure and under the control of the owners or operators thereof.
JUNKED VEHICLE
A vehicle shall be deemed junked if the vehicle is not operable and lacks a current inspection or registration sticker; or any of the following conditions are present and/or are a danger to the public health, safety or welfare:
(1) 
Broken windshields, mirrors or other glass with sharp edges.
(2) 
One or more flat or open tires to tubes which could permit a vermin harborage.
(3) 
Missing doors, windows, hood, trunk or other body parts which could permit animal harborage or entry of children.
(4) 
Any body parts with sharp edges, including holes resulting from rust.
(5) 
Missing tires resulting in unsafe suspension of the motor vehicle.
(6) 
Upholstery which is torn or open which would permit animal and/or vermin harborage.
(7) 
Broken head lamps or tail lamps with sharp edges.
(8) 
Protruding sharp objects from the chassis.
(9) 
Broken vehicle frame suspended from the ground in an unstable manner.
(10) 
Leaking or damaged oil pan or gas tank which could cause fire or explosion.
(11) 
Exposed battery containing acid.
(12) 
Inoperable locking mechanism for doors or trunk.
(13) 
Open or damaged floorboards, including trunk and firewall.
(14) 
Damaged bumpers pulled away from the perimeter of the vehicle.
(15) 
Broken grill with protruding edges.
(16) 
Vehicle suspended on unstable supports.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability. Vehicle includes, but is not limited to, automobiles, trucks, trailers, motorcycles, tractors, snowmobiles, construction equipment and all other devices listed in the above definitions.
VIOLATION
The failure to comply with this code, any violation notice or any order or direction issued pursuant thereto.
VIOLATION NOTICE
Any written notice of a violation issued by the Code Official or designees to any violator.
VIOLATOR
Any person, owner, occupant or operator who violates, causes or permits a violation.
G. 
Section 304.14, titled Insect screens, Page 10, line 1, insert "April 1" in place of [Date], line 2, insert "November 1" in place of [Date].
H. 
Section 602.3, titled Heat Supply, page 17, line 5, insert "October 1 to May 15" in place of [DATE] to [DATE].
I. 
Section 602.4, titled Occupiable work spaces, page 17, line 3, insert "October 1 to May 15" in place of [DATE] to [DATE].