[Adopted 8-14-1978 by Ord. No. 847]
[Amended 8-31-1987 by Ord. No. 943]
A certain document, three copies of which are
on file in the office of the Borough Secretary of the Borough of Punxsutawney,
being marked and designated as the "BOCA Basic Property Maintenance
Code, Second Edition, 1981," as published by Building Officials and
Code Administrators International, Inc., be and is hereby adopted
as the property maintenance code of the Borough of Punxsutawney, County
of Jefferson, Commonwealth of Pennsylvania, for the control of buildings
and structures as herein provided. All of the regulations of the BOCA
Basic Property Maintenance Code, Second Edition, 1981, are hereby
referred to, adopted and made a part hereof as if fully set out in
this article.
The following sections are hereby revised as
follows:
A. Section PM-100.1 (page 1, second line) is amended
to insert "Borough of Punxsutawney."
B. Section PM-109.2 (page 7) is deleted in its entirety and replaced by §
182-5.
C. Section PM-211.4 (page 9, second line) shall be amended
to add "30 days."
D. Section PM-110, Right to Appeal, is deleted in its entirety and replaced by §
182-10.
[Added 10-10-2017 by Ord.
No. 1145]
[Amended 8-31-1987 by Ord. No. 943]
The code hereby adopted shall be enforced by
the Codes and Zoning Program Officer of the Borough of Punxsutawney.
Nothing in this article or in the property maintenance
code hereby adopted shall be construed to affect any suit or proceeding
impending in any court or any rights acquitted or liability incurred
or any cause or causes of action acquired or existing under any act
or ordinance hereby repealed, nor shall any just or legal right or
remedy of any character be lost, impaired or affected by this article.
[Amended 4-14-1980 by Ord. No. 868; 8-31-1987 by Ord. No.
943]
Any person violating any provision of this article
or the code adopted hereby, upon conviction before the District Justice,
shall be guilty of a summary offense and shall be subject to pay a
fine not to exceed the maximum fine of $300, plus costs of prosecution,
or to undergo imprisonment for a term not exceeding 90 days, or both.
Each day that such condition or violation continues shall constitute
a separate offense.
[Adopted 6-9-2008 by Ord. No. 1080]
As used in this article, the following terms
shall have the meanings indicated:
BOROUGH
The Borough of Punxsutawney, Jefferson County, Pennsylvania.
CODE OFFICIAL
The Official who is charged with the administration and enforcement
of this Code, or any duly authorized representative of the Borough.
The Code Official, or any duly authorized representative of the Borough,
shall have all authority necessary to enforce the provisions of this
article, including instituting summary citation proceedings.
EXTERIOR PROPERTY AREAS
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
GARBAGE
The animal and vegetable waste resulting from handling, preparation,
cooking and consumption of food or food products.
OPERATOR
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
OWNER
Any person, agent, operator, firm, corporation or other legal
entity having a legal or equitable interest in the property; or recorded
in the official records of Jefferson County as holding title to the
property; or otherwise having control of the property, including the
guardian of any estate of any such person and the personal representative
or administrator of an estate of such person.
PERSON
An individual, corporation, partnership, legal entity or
any other group acting as a unit.
PREMISES
A lot, plot or parcel of land, including the buildings and
structures thereon.
RUBBISH
Combustible and noncombustible waste materials, except garbage,
including appliances, boxes, building and construction material, cans,
cartons, crockery, dust, excelsior, furniture not designed for use
outside the home, glass, leather, metals, mineral matter, paper, rags,
rubber, the residue from burning of wood, coal, coke and other combustible
materials, tree branches, yard trimmings, and other similar materials.
STRUCTURE
That building which is built or constructed, without limitation,
for any occupancy or use whatsoever, including appurtenances, billboards,
fences, fire escapes, open-grade steps, railings, shute escapes, sidewalks
or stairways, signs, tents, towers, water tanks, or anything erected
or framed of component parts which is fastened, anchored or rests
on a permanent foundation or on the ground.
[Added 10-10-2017 by Ord.
No. 1145]
A. Petition.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this Code, or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before Borough Council, provided that such
person shall file, in the office of the Borough Secretary, a written
petition requesting such hearing and containing a statement of the
grounds therefor within 20 days after the day the notice was served.
B. Vote.
Borough Council shall hear all appeals relative to the enforcement
of this Code at a public hearing, and by the concurring vote of the
majority of its members may reverse or affirm wholly or partly, or
may modify, the decision appealed from, and shall make such order
or determination as in its opinion ought to be made.
C. Record.
The Borough Secretary shall keep a record of such hearing so that
the record shows clearly the basis for each decision made by Council
in such matters.