Borough of Indiana, PA Chapter 327 Property Maintenance

[HISTORY: Adopted by the Borough Council of the Borough of Indiana 6-4-1991 by Ord. No. 1508 (Ch. XII, Part 1, Secs. 1 to 2, of the 1971 Code of Ordinances); amended in its entirety 10-4-2022 by Ord. No. 2022-03. Subsequent amendments noted where applicable.]

§ 327-1 Adoption of Property Maintenance Code.

The BOCA National Property Maintenance Code, Fifth Edition, 1996, as published by the Building Officials and Code Administrators International, Inc., and as adopted as the Property Maintenance Code of the Borough of Indiana, hereinafter "International Property Maintenance Code," shall be amended as follows.

§ 327-2 Amendments, additions and deletions.

A. Section P.M.-702.3.1 shall be amended to read as follows:

Section P.M.-702.3.1, Fire Escapes Required: For four stories or more, shall meet all requirements of the current adopted International Building Code.

B. Section P.M.-106.2 shall be amended to provide that penalties shall be no less than $25 nor more than $300. Each day that a person fails to comply with the provisions of this section shall constitute a separate violation.

C. Section P.M.-111.2 shall be amended as follows:

P.M.-111.2 Membership of the Board: The Board of Appeals shall consist of three members who shall be residents of the Borough of Indiana and who shall be appointed by the President of the Borough Council, with the consent of Borough Council, as follows: one for three years, one for two years, one for one year. Thereafter, each new member shall serve for three years until a successor has been appointed.

D. Section P.M.-111.2.1 shall be amended as follows:

P.M.-111.2.1 Qualifications: The Board of Appeals shall consist of three individuals who are residents of the Borough of Indiana and who are knowledgeable or have experience in one or more of the following areas: architecture, construction trades, engineering, plumbing, electrical, heating and air conditioning, fire protection, or government service.

E. Section P.M.-111.2.2 shall be amended as follows:

P.M.-111.2.2 Alternate Members: President of Borough Council shall appoint, with the consent of Borough Council, two alternate members who shall have the requisite qualifications and who shall be called upon by the Board Chairman to hear appeals when other members are absent or disqualified.

F. Section P.M.-111.5 shall be amended as follows:

P.M.-111.5 Postponed Hearing: If there are not at least three members of the Board present to hear an appeal, the appeal shall be postponed until at least three members can be present.

G. Section P.M.-111.6 shall be amended as follows:

P.M.-111.6 Board Decision: The Board shall affirm, modify, or reverse a decision of the Code Official by a majority vote of the members present at the hearing.

H. Section P.M.-111.7 shall be amended as follows:

P.M.-111.7 Court Review: Any person who was previously a party to the appeal shall have the right to apply to the Court of Common Pleas of Indiana County, Pennsylvania, within 30 days from the date the decision is rendered, and mail to the parties in a manner as required by law.

I. Section P.M.-705.5.4 shall be added to the International Property Maintenance Code.

(1) In commercial, industrial, or institutional buildings, where persons are regularly employed and/or the public or a membership group is invited to enter, one carbon monoxide detector shall be required for each 10,000 square feet of floor area or fraction thereof, with the first detector located not closer than 15 feet nor more remote than 40 feet from the furnace and/or hot water heater.

(2) Carbon monoxide detectors that are Underwriters Laboratories approved shall be utilized. Electrically operated detectors with battery backups are preferred.

(3) Carbon monoxide detectors shall be installed in accordance with the provisions of this Subsection I in all leased dwellings, commercial, industrial, and institutional buildings as required.

(4) Section R315- Carbon Monoxide Alarms. Shall meet all requirements of the current International Residential Code.

J. Section P.M.-605.4.1 shall be added as follows:

(1) Section E3902 Ground-fault and Arc-fault Circuit-Interrupter Protection. Shall meet all requirements of the current adopted International Residential Code.

(2) Section E3903 Lighting Outlets. Shall meet all requirements of the current adopted International Residential Code.

K. Section P.M.-306.0 Rubbish, garbage, and recyclables.

(1) Applicability of services. All residential customers in Indiana Borough shall be required to use the services of the Borough of Indiana and its approved licensed haulers to collect, transport, haul, and remove all rubbish, garbage, and acceptable recycling from the Borough of Indiana. "Residential customers" shall mean all single-family dwelling units, duplexes, condominiums, and multifamily residential dwellings with six units or less unless specifically exempt by the Borough of Indiana or such other buildings with more than six dwelling units that are incapable due to limitations of access to utilize dumpsters. A residential unit shall be a group of connecting rooms exclusively used for residential purposes by one family or a number of individuals as permitted under Chapter 460, Zoning, of the Code of the Borough of Indiana, containing private cooking, bathing, and toilet facilities. This Subsection K does not apply to commercial or industrial users who are permitted to contract for the collection, conveyance, and disposal of garbage and rubbish with an authorized commercial collector providing that the storage, collection, conveyance, and disposal is in accordance with applicable provisions of this Subsection K. Any person desiring to opt out of the Borough Collection Program cannot do so unless an exemption is granted by the Borough Manager upon cause shown.

(2) Contract. Waste Management of Pennsylvania, Inc., is designated as the Borough of Indiana's licensed hauler to provide residential services. The proper officers of the Borough of Indiana are authorized to enter into a contract agreement with Waste Management of Pennsylvania, Inc.

(3) Subsequent agreements. Borough Council by resolution can authorize the proper officers of the Borough of Indiana to enter into subsequent contract agreements with licensed haulers after the expiration of the previous contract agreement with Waste Management of Pennsylvania, Inc.

(4) Fees.

(a) All payments for services for residential users shall be made to the Borough of Indiana in accordance with the adopted contract provided by the Borough of Indiana in the current fee schedule. Limited service shall only be available to residential units having no more than two people, one of whom is 62 years of age or older. Borough Council by resolution can modify the rights and fees for limited and unlimited service as well as the qualifications for limited service. Application for limited services shall be filled out by the owner on a form provided by the Code Enforcement Office. Any residential user who desires to discontinue services may terminate service with a prior authorization from the Borough Manager. To reinstate services, each residential user must pay a reinstatement fee of $35.

(5) Collection, storage of rubbish and garbage.

(a) All garbage and rubbish shall be placed in containers that at all times shall be kept in a sanitary and good condition.

(b) All storage containers for garbage and rubbish shall be leakproof, weathertight, and rigid and shall be made of steel or plastic and have a close-fitting lid or cover for storage of such rubbish and garbage until disposal at the appropriate time. All nonresidential users, unless otherwise exempt, are required to have a large capacity dumpster which shall be at least two cubic yards and shall have a functional lid.

(c) Any container that does not conform to this Subsection K(5), which is likely to injure the garbage collector or which hampers the prompt collection of refuse and garbage, shall be placed on notice by the Borough and the person receiving such notice shall promptly replace such container.

(d) The landlord shall be responsible for the tenant's compliance with the provisions of this Subsection K(5).

(6) Accumulation of refuse.

(a) All persons residing or doing business within the limits of the Borough shall provide for the removal of accumulated refuse at least once a week.

(b) No person shall permit refuse to accumulate on the surface of the ground or cause or permit refuse to be deposited on any street, alley, walk, storm sewer, stream, body of water or other public place. In no event shall refuse be placed on the property of another without the consent of the owner of the same.

(c) Nonresidential establishments shall provide for the removal of such refuse as often as may be necessary in order to maintain a sanitary and healthful condition; however, in no instance shall removal be less than once a week. Such establishments may utilize, for storage, large closed containers which can be emptied into compactor-type trucks.

(d) Refuse of a highly flammable or explosive nature, or highly infectious or contagious refuse, shall not be stored for ordinary collection.

(e) No refuse produced or accumulated outside the Borough shall be brought into the Borough for disposal therein unless payment for such disposal has been made.

(f) The landlord shall be responsible for the tenant's compliance with the provisions of this Subsection K(6).

(7) Location of containers.

(a) The owner of an occupied structure shall supply approved covered storage containers for rubbish and garbage in a designated area at the rear of the property or at another non-conspicuous area approved by the Code Enforcement Officer. If, in the opinion of the Borough, the physical characteristics of a property and the area adjacent thereto are such that compliance with this provision for location of containers is not practical, the Borough may require alternate locations for containers.

(b) Refuse containers shall be placed at the location for collection not earlier than 6:00 p.m. the day prior to collection and shall be removed by 11:00 p.m. the day of collection. Refuse containers that are placed for collection need not be the same type of containers referenced in Subsection K(5)(b); however, they should be leakproof and weathertight containers and shall be no more than 35 gallons.

(c) Containers shall be located on the property so as not to create offensive or noxious odors on adjoining properties. Containers placed on property in such manner as to create noxious or offensive odors on adjoining property shall constitute a private nuisance.

(d) Containers shall serve only a single property or a group of properties adjoining each other and owned by a single owner.

(e) Recycling storage containers shall be purchased from Indiana Borough or at the Indiana County Recycling Center. Recyclables shall be placed in the container at curbside for disposal no earlier than 6:00 p.m. the day before the scheduled pickup. Recycling storage containers shall be kept in a designated area at the rear of the property or in another non-conspicuous area approved by a Borough Code Enforcement Officer. Recyclable storage containers shall be removed from the curbside by 11:00 p.m. the day of the scheduled pickup.

(f) The landlord shall be responsible for the tenant's compliance with the provisions of this Subsection K(7).

(8) Removal.

(a) All residential refuse, with the exception of those generated by apartment houses, commercial, and industrial units or properties otherwise exempt by the Borough, shall be removed only by the Borough's contracted, licensed hauler. No person, firm, or corporation other than those permitted by Borough Council shall be permitted to remove residential refuse from the Borough.

(b) The property owner of each residential unit shall be responsible for providing an approved container for storage of refuse. No refuse may be stored at any time in violation of this Subsection K. Apartment houses, commercial/industrial establishments, and other entities that may otherwise be exempt shall be permitted to utilize large containers which shall be emptied by compactor-type trucks.

(c) The landlord shall be responsible for the tenant's compliance with the provisions of this Subsection K(8).

(9) Enforcement. The Borough Manager shall have the authority to enforce provisions of this Subsection K as shall any Code Enforcement Officer or Police Officer of the Borough.

(10) Collection of charges.

(a) Garbage service payments are the responsibility of the property owner and fees shall be collected by the Borough Manager for the Borough of Indiana.

(b) The Borough's garbage service fee shall be placed on the sewer bill together with the recycling fee.

(c) Each dwelling unit shall be separately charged for services.

(d) For nonresidential customers, the licensed hauler shall have a nonexclusive right to negotiate rights with these customers. Also such rights shall be fair, uniform, and equitable. Charges for nonresidential customers shall be negotiated solely between the licensed hauler and the customer and shall not be subject to Borough Council reviewing mediation.

(e) The licensed hauler is authorized to make extra charges to be negotiated with individual customers for removal of garbage, rubbish, or other materials in excess for what is provided for pursuant to the agreement between garbage hauler and Indiana Borough.

(f) Any payment not received by the Borough by the due date contained on the bill shall be delinquent and shall be subject to a penalty of 1.25% per month. In addition, the Borough shall have the right to terminate service.

(g) The curtailment or termination of services for nonpayment of charges shall be in addition to the right of the Borough to proceed for collection of the unpaid charges in any manner provided by law, either by an action in assumpsit or by the filing of a municipal claim or lien.

(h) The Code Enforcement Officer or his agent shall be charged with the enforcement of this Subsection K(10).

(11) Violation and penalties.

(a) Any person, firm, corporation, or similar entity that shall violate any of the provisions of this Subsection K shall be subject to a fine in accordance with the following provisions. In order to enforce the penalty provisions pursuant to this Subsection K, the owner or occupant must first be provided with a written notice of the violation and a time in which the violation must be cured. If the violation is cured within the applicable time period, there shall be no penalty for the first violation. The Code Enforcement Officer shall only be required to provide one notice per property for each type of violation during a 365-day period. Failure to comply with the written notice from the Code Enforcement Officer in a timely manner or any subsequent violations of the same type occurring within the 365-day period shall be actionable.

(b) In the event that the violation is unabated after notice or there is more than one violation of the same type in any 365-day period, the Code Enforcement Officer shall issue a citation with a fine in the amount of not less than $25 nor more than $300. The fine shall be paid within 48 hours. In the event that the fine is not paid within 48 hours, the fine will increase by the same amount for each day thereafter even if the violation has been abated.

L. Sections P.M.-303.1.1 and P.M.-303.1.2 are added as follows:

Section P.M.-303.1.1: No person shall place or permit to remain any stuffed furniture or upholstered or fabric covered furniture not intended for outdoor use on any unenclosed porch, sidewalk, or yard.

Section P.M.-303.1.2: Any person who violates this section shall be subject to the provisions of the Property Maintenance Code of the Borough of Indiana, as amended.

M. Section P.M.-302.4 Weeds is added as follows:

Premises and exterior property shall be maintained free from weeds or plant growth in the excess of six (6) inches. 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. Cultivated is defined as "to loosen or dig" around growing plants.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with section 106.3 and as prescribed by the authority having jurisdiction. 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 cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

§ 327-3 Violations and penalties; notice of violation.

A. Any person, firm, corporation, or similar entity who shall violate any of the provisions this chapter shall be subject to a fine in accordance with following provisions. In order to enforce the penalty provisions pursuant to this chapter, the owner or occupant must first be provided with a written notice of the violation and a time in which the violation must be cured. If the violation is cured within the applicable time period, there shall be no penalty for the first violation. The Code Enforcement Officer shall only be required to provide one notice per property for each type of violation during a 365-day period. Failure to comply with the written notice from the Code Enforcement Officer in a timely manner or any subsequent violations of the same type occurring within the 365-day period shall be actionable.

B. In the event that the violation is unabated after notice or there is more than one violation of the same type in any 365-day period, the Code Enforcement Officer shall issue a citation with a fine in the amount of not less than $25 nor more than $300. The fine shall be paid within 48 hours. In the event that the fine is not paid within 48 hours, the fine will increase by the same amount for each day thereafter even if the violation has been abated.

§ 327-4 Repealer.

Any ordinance or parts of ordinances inconsistent with this chapter are hereby repealed.

§ 327-5 Severability.

Should any sentence, section, clause, part or provisions of this chapter amendment be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the chapter as a whole, or any part thereof, other than the part declared to be invalid.

§ 327-6 When effective.

This chapter shall become effective immediately.