[HISTORY: Adopted by the Council of the Borough
of Lititz as indicated in article histories. Amendments noted where
applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. 36, Construction Codes, Uniform, adopted 6-24-2004 by Ord.
No. C-456, approved 6-24-2004.
This article shall be known and may be cited
as the "Borough of Lititz Construction Code Ordinance."
A.
By Act 45 of 1999, the Pennsylvania Legislature provided
for the adoption of a Pennsylvania Uniform Construction Code and directed
the Department of Labor and Industry to promulgate regulations for
the Uniform Construction Code. In 2002, the Department of Labor and
Industry adopted final regulations governing certification and training
of persons to administer the Uniform Construction Code, and on January
10, 2004, the Department issued final regulations for the administration
of the Uniform Construction Code. The Uniform Construction Code incorporates
the International Building Code/2003, the International Residential
Code/2003, the International Existing Building Code/2003, the standards
incorporated into such publications by reference, and other publications
as set forth in the Labor and Industry Regulations. The Borough Council
desires to adopt and administer the Pennsylvania Uniform Construction
Code and establish administrative and enforcement regulations.
B.
In accordance with Section 302(a) of the Pennsylvania
Construction Code Act, this article does not adopt the International
Property Maintenance Code and shall not be considered as a property
maintenance code. All Borough regulations governing the maintenance
of properties shall be in ordinances separate and distinct from the
Borough of Lititz Construction Code.
The Borough hereby adopts the standards which
the Pennsylvania Department of Labor and Industry has made part of
the Pennsylvania Uniform Construction Code identified in § 403.21
of the Labor and Industry Regulations as the Borough of Lititz Construction
Code with the following additions to the International Building Code/2003:
A.
Labor and Industry Regulations amendments.
(1)
Labor and Industry Regulations § 403.21(c)
concerning items incorporated into the UCC is amended to incorporate
the provisions of the Borough Building Code in existence as of May
11, 1998, and is amended to include the following regulations:
(a)
Private garage fire separation. Private garages
shall be separated from the dwelling by means of 5/8 inch type "X"
gypsum board applied to all walls and ceilings of the garage. Doors
from the garage to the dwelling shall be a minimum of 1 3/4 inch
solid wood or a listed 20 minute fire-rated steel door. Attic access
openings or stairs shall be covered with a minimum of one layer of
5/8 inch type "X" drywall.
(2)
Subsection (b) under § 403.28, Uncertified
Buildings, of Part XIV of the Uniform Construction Code be adopted
in its entirety as an addendum to the Uniform Construction Code previously
adopted by the Borough, pertaining to uncertified buildings within
the Department's jurisdiction, to utilize the standards of Subsection
(b) for the issuance of certificates of occupancy to uncertified buildings.
[Added 11-25-2008 by Ord. No. C-493,
approved 11-25-2008]
B.
International Building Code amendments.
(1)
Section 202, Definitions, shall be amended by inserting
the following definitions in alphabetical order:
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BOROUGH COUNCIL. The governing
body of the Borough.
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BUILDING CODE OFFICIAL. A Borough
official certified by Labor and Industry under Section 103 of the
Pennsylvania Construction Code Act. The term includes an individual
certified in a category established under Chapter 401 of the Labor
and Industry Regulations to manage building code enforcement activities,
supervise building inspectors or plans examiners, issue building permits,
occupancy permits, notice of violations and orders to vacate, and
initiate prosecutions.
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CONSTRUCTION CODE OFFICIAL. A Borough
official or a third party agency appointed by the Borough to serve
as the Borough construction code official or a third party agency
certified by Labor and Industry under Section 103 of the Pennsylvania
Construction Code Act in an appropriate category established under
Section 701(b) of the Pennsylvania Construction Code Act to perform
plan review of construction documents, inspect construction or administer
and enforce codes and regulations in that category under the Pennsylvania
Construction Code Act or related statutes which an applicant retains
to perform plan review.
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DEP. The Department of Environmental
Protection of the Commonwealth of Pennsylvania.
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INTERMUNICIPAL AGREEMENT. The agreement
among Borough of Lititz, Elizabeth Township and Warwick Township as
of June 29, 2004, establishing the Warwick Area Appeals Board.[1]
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LABOR AND INDUSTRY. The Department
of Labor and Industries of the Commonwealth of Pennsylvania.
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LABOR AND INDUSTRY REGULATIONS. All regulations adopted by Labor and Industry to implement the Pennsylvania
Construction Code Act.
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PENNSYLVANIA CONSTRUCTION CODE ACT. Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended.
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THIRD PARTY AGENCY. A person, firm
or corporation certified by Labor and Industry as a construction code
official and which may be contracted to perform plan review of construction
documents, inspect construction or administer and enforce codes under
the Pennsylvania Construction Code Act.
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BOROUGH. The Borough of Lititz,
Lancaster County, Pennsylvania.
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UNIFORM CONSTRUCTION CODE. The
Code adopted pursuant to the Pennsylvania Construction Code Act and
the Labor and Industry Regulations.
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(2)
Section 1612.3 is amended by inserting "Borough of
Lititz" and "May 19, 1980," in the respective blanks.
(3)
Section 3410.2 is amended by inserting the date of
January 1, 1991, for residential dwellings and January 1, 1991, for
nonresidential structures.
C.
The Borough hereby adopts the listed versions of the
following codes as the official codes of the Borough to be effective
as of December 31, 2006. To the extent that these Code(s) are updated
or amended in the future, the Borough hereby automatically adopts
the updated version(s) of the Code(s) in their entirety as required
by the Pennsylvania Uniform Construction Code as of the effective
date of the updated Code(s) as the official codes of the Borough.
(1)
2006 International Building Code.
(2)
2006 International Residential Code.
(3)
2006 International Existing Building Code.
(4)
2006 International Fire Code.
(5)
2006 International Mechanical Code.
(6)
2006 International Plumbing Code.
(7)
2006 International Fuel Gas Code.
(9)
2006 International Energy Conservation Code.
(10)
2006 ICC Electrical Code.
The Borough hereby adopts the provisions of Chapter 1, Administration, of the International Building Code/2006 and the provisions of the Labor and Industry Regulations set forth below to govern administration and enforcement of the Construction Code. The administrative provisions of other codes which Labor and Industry has made part of the UCC, including but not limited to the International Residential Code/2003, are not part of the Borough of Lititz Construction Code. The provisions of this Construction Code govern if there is a conflict with the provisions of the Codes set forth in Section 403.21 of the Labor and Industry Regulations or the Labor and Industry Regulations relating to administration or enforcement. Changes from the International Building Code/2003, Chapter 1, and the Labor and Industry Regulations to the Borough of Lititz Construction Code are as follows:
A.
International Building Code amendments.
(1)
In Section 101.1, insert "Borough of Lititz, Lancaster
County, Pennsylvania."
(2)
Section 101.2 shall provide as follows:
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101.2 Scope. These regulations
shall control all matters concerning the construction, alteration,
addition, repair, removal, demolition, location, occupancy and maintenance
of all buildings and structures and shall apply to existing or proposed
structures, except as such matters are otherwise provided for in other
ordinances or statutes, including, but not limited to, the Borough
Zoning Ordinance, Subdivision and Land Development Ordinance, Stormwater
Management Ordinance[1] or in the rules and regulations authorized for promulgation
under the provisions of this construction code. Whenever there is
a conflict between the provisions of this construction code and any
other Borough ordinance, including but not limited to the Zoning Ordinance,
it is the intent of the Borough Council that the more stringent requirement
shall apply. All construction which the Pennsylvania Construction
Code Act or the Labor and Industry Regulations exempt from compliance
with the Uniform Construction Code are exempt from the provisions
of this construction code. Items exempted from compliance with the
Uniform Construction Code by Sections 403.1(b) and 403.1(e) of the
Labor and Industry Regulations do not have to comply with the construction
code but shall comply with all other applicable Borough ordinances.
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(3)
Section 101.3 shall be amended by adding the following
sentence to the existing section: "It is the further intent of the
Borough Council that all construction within the Borough shall comply
with the provisions of the Americans with Disabilities Act and all
applicable regulations to implement the Americans with Disabilities
Act promulgated by federal and state regulatory agencies and with
the Code Requirements for Housing Accessibility, and this Code shall
be interpreted in a manner which fulfills this intent. It is also
the further intent of the Borough Council to comply with the requirements
of the Pennsylvania Construction Code Act and the Labor and Industry
Regulations."
(4)
Section 101.4.5 shall be deleted in its entirety.
(5)
Section 103, Department of Building Safety, shall
be deleted in its entirety and a new Section 103, Administration,
shall be inserted which shall provide as follows:
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SECTION 103
ADMINISTRATION
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103.1 Building Official. The Borough
Council shall appoint a person or persons to serve as a Building Code
Official and a Construction Code Official as those terms are defined
in the Labor and Industry Regulations. Both the Building Code Official
and the Construction Code Official shall be considered the Building
Official as such term is defined and used in this construction code.
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103.2 Powers and duties of building code
official and construction code official. The Building Code
Official shall have all powers set forth in the Labor and Industry
Regulations and shall have the powers and duties of the Building Official
set forth in this construction code. The Construction Code Official
shall have the powers set forth in the Labor and Industry Regulations
and may also have the powers of the Building Official set forth in
this construction code. The respective duties and responsibilities
of the Building Code Official and the Construction Code Official shall
be determined by the Borough Council and shall be within the limitations
of any certifications required or issued by Labor and Industry.
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103.2.1 The Building Code Official
shall serve at the pleasure of the Borough Council. The Building Code
Official shall provide supervision of the Construction Code Official,
receive uniform construction code permit applications, address citizen
inquiries, concerns and complaints, issuing building permits, occupancy
permits, and manage code enforcement activities, including, but not
limited to, issuing notice of violations and orders to vacate, and
initiation of prosecutions.
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103.2.2 The Construction Code Official
shall serve at the pleasure of the Borough Council. The Construction
Code Official shall perform plan review of construction documents,
issue construction code permits, inspect construction, provide the
Building Code Official with reports of inspections and recommendations
upon issuance of certificates of occupancy, and administer and enforce
this construction code. The Construction Code Official may be a third
party agency.
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103.2.3 An applicant for a construction
code permit shall submit two complete copies of the application to
the Building Code Official. The Building Code Official shall transmit
a complete copy of the construction code permit application to the
Construction Code Official for plan review, issuance of the construction
code permit, and inspection of construction. The Construction Code
Official shall notify the applicant when plan review has been completed,
and the applicant shall pay plan review and estimated inspection fees
to the Construction Code Official prior to issuance of the construction
code permit. The Construction Code Official shall notify the Building
Code Official when the work is complete and has successfully had its
final inspection. The Building Code Official shall issue the certificate
of occupancy after receipt of notification from the Construction Code
Official that the work has been finally inspected and all fees have
been paid.
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103.2.4 As an alternative to the
procedure set forth in Section 103.2.3 above, an applicant for a construction
code permit shall submit one complete copy of the application to the
Building Code Official together with plans which a third party agency
has reviewed and has certified to meet all requirements of this construction
code and the fee imposed by the Borough for administrative processing
of an application when the applicant has a third party agency review
the plans. If the documents are in satisfactory form, the Building
Code Official shall issue a construction code. The permit holder shall
arrange for all inspections with the Construction Code Official who
shall notify the Building Code Official when the work is complete
and has successfully had its final inspection. The Building Code Official
shall issue the certificate of occupancy after receipt of notification
from the Construction Code Official that the work has been finally
inspected and all fees have been paid.
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103.3 Organization. The Borough
Council shall appoint such other officers, technical assistants, inspectors
and other employees as shall be necessary for the administration of
this construction code.
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(6)
Section 104.4 shall be amended by inserting the following
language after the first sentence: "The Building Official shall have
the right to reject any report performed by any individual or agency
unless the permit holder has requested and obtained the prior approval
of the Building Official for such individual or agency to perform
such inspection. Any individual or agency performing such inspection
and providing such report shall demonstrate to the satisfaction of
the Building Official that such individual or agency has obtained
all necessary certifications from Labor and Industry."
(7)
Section 104.8 shall provide as follows:
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104.8 Liability. The Borough and
the Building Official shall have all immunities and rights granted
by the Pennsylvania Judicial Code, including, but not limited to Chapter
85.
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(8)
Sections 105, Permits, 106, Construction Documents, and 111, Service Utilities, of Chapter 1 of the International Building Code/2003 shall not be a part of the Borough Construction Code. The Borough hereby adopts and incorporates Sections 403.41, 403.42, 403.42a, 403.43, 403.44, 403.47, 403.48, 403.61, 403.62, 403.62a, 403.63 and 403.66 of the Labor and Industry Regulations to govern applications for and issuance of construction code permits for nonresidential and residential construction with the changes set forth below:
(a)
Sections 403.42(a) and 403.62(a) shall be amended
by inserting the following at the end of the existing sections: "It
shall be the joint responsibility of the owner, lessee, if any, and
the contractor to determine that a Construction Code permit (and all
other required permits and approvals) has been obtained before performing
any work. It shall be unlawful for any contractor or subcontractor
to perform any work for which a Construction Code permit is required
unless the owner and contractor obtain and post a Construction Code
permit as required by this Construction Code."
(b)
Sections 403.42a(b) and 403.62a(b) shall be
amended by inserting the following at the end of the existing sections
"At the time of filing an application for a construction code permit,
the applicant shall present to the Building Code Official adequate
evidence that the applicant has obtained from all governmental authorities
having jurisdiction, all permits, licenses, approvals and/or variances
required in connection with the proposed use, occupancy, construction,
enlargement, alteration or demolition. Such agencies shall include
but not be limited to the Zoning Officer, Zoning Hearing Board, Lancaster
County Conservation District, Borough of Lititz Municipal Authority
(where public sewer or water service is proposed), Sewage Enforcement
Officer (where on-lot sewage disposal is proposed), State Police Fire
Marshal, DEP, Labor and Industry and the Pennsylvania Departments
of Community and Economic Development and Transportation. No application
for a construction code permit is complete without a copy of any required
zoning permit and proof of any required subdivision and/or land development
approval, and stormwater management plan approval.
(c)
Sections 403.43(h) and 403.63(h) shall be amended
by inserting the following at the end of the existing sections: "The
applicant shall post a copy of the Construction Code permit at a location
on the property clearly visible to members of the public."
(9)
A new Section 108.1.2 shall be inserted which shall
provide as follows:
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108.1.2 Time of payment of fees. An applicant for a permit under this construction code shall pay
the Borough's administrative fee to the Borough at the time of application.
If the applicant has not retained a third party agency for plan review,
prior to the issuance of a construction code permit, the applicant
shall pay to the Construction Code Official the plan review fee and
the estimated fee for all inspections required. If additional inspections
become necessary during the course of construction, the applicant
shall reimburse the Construction Code Official for all such costs
within 15 days after the date of an invoice for such costs. An applicant
shall pay to the Construction Code Official all fees and costs incurred
for all inspections required during the course of construction prior
to the issuance of a certificate of use and occupancy for the structure
for which a construction code permit has been issued.
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(10)
Section 108.4 shall be revised to provide:
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108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical,
gas, mechanical or plumbing system before obtaining the necessary
construction code permits shall be subject to an additional fee for
expedited processing which shall be equal to the fee which should
have been paid at permit application. The expedited processing fee
shall be paid in full in addition to the normal application fee prior
to the issuance of a construction code permit.
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(11)
Section 108.6 shall be deleted in its entirety.
(12)
Sections 109.3, 109.4, 109.5, and 109.6 of the International
Building Code/2003 shall be deleted and the Borough hereby adopts
Sections 403.45, 403.64, and 403.86 of the Labor and Industry Regulations
governing inspections with the changes set forth below:
(a)
Sections 403.64(g) shall be deleted in its entirety.
(13)
Section 110, Certificate of Occupancy, of the International
Building Code/2003 is deleted. The Borough adopts Sections 403.46
and 403.65 of the Labor and Industry Regulations governing certificates
of occupancy. Sections 403.46 and 403.65 of the Labor and Industry
Regulations are amended as follows:
(a)
Section 403.46(b) is amended by adding the following
subsections:
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(10) A statement that the issuance of a certificate
of occupancy shall not be deemed permission to occupy the structure
or commence a use if any other ordinance requires the issuance of
a permit or certificate prior to use and occupancy.
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(b)
Section 403.65(b) is amended by adding the following
subsections:
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(9) A statement that the issuance of a certificate
of occupancy shall not be deemed permission to occupy the structure
or commence a use if any other ordinance requires the issuance of
a permit or certificate prior to use and occupancy.
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(14)
Section 112, Board of Appeals, shall be amended in
its entirety to provide as follows:
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112.1 Board of Appeals. The Borough
hereby appoints the Warwick Area Appeals Board as the Board of Appeals
under the Borough of Lititz Construction Code. Members of the Warwick
Area Appeals Board shall be selected in accordance with the intermunicipal
agreement.
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112.2 Authority of Board of Appeals. The Board of Appeals shall hear and rule on appeals, requests for
variances and requests for extensions of time. An application or appeal
shall be based upon, and the board of appeals in making its decisions
shall consider, those factors set forth in the Labor and Industry
Regulations.
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112.3 Membership of Board of Appeals. A member of the Board of Appeals shall be qualified by training
and experience to pass on matters pertaining to building construction.
Members of the governing body may not serve on the Board of Appeals.
A Board of Appeals member may not cast a vote or participate in a
hearing in any appeal, request for variance or request for extension
of time in which the member has a personal, professional or financial
interest.
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112.4 Operation of board. The Board
of Appeals may establish policies and procedures necessary to carry
out its duties in accordance with the intermunicipal agreement. The
Board shall annually select one of its members to serve as Chairperson
and one of its members to serve as Vice Chairperson. The Board of
Appeals shall keep minutes of its meetings and file a written decision
on all appeals under this construction code. The Board of Appeals
shall provide notice of and conduct its meetings in accordance with
the Sunshine Act, 65 Pa. C.S.A. § 701 et seq.
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112.5 Procedures for applications and
appeals. Any person desiring to file an application or appeal
to the Board of Appeals may file such appeal with the Building Code
Official. All applications and appeals to the Board of Appeals shall
be in writing and shall specify the section of this construction code
from which relief is sought or the action of the Building Official
which is the subject of the appeal. The written application or appeal
shall state all of the grounds for the application or appeal and shall
include any necessary plans or specification to provide the Board
of Appeals with information to evaluate the application or appeal
and shall include the fee. No application appeal will be considered
complete without the necessary appeal fee. Any appeal from a determination
of the Building Official shall be filed within 20 calendar days of
the determination.
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112.5.1 Hearings. An applicant
or appellant who desires to present testimony to the Board of Appeals
shall request a hearing in the application or appeal. If the applicant
or appellant does not request a hearing, it will be assumed that the
Board of Appeals may render its determination based on the written
information submitted with the application or appeal and any additional
information available to members of the Board of Appeals.
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112.5.2 Parties. The Borough shall
be considered a party to all appeals or applications filed with the
Board of Appeals. Other persons affected by the appeal or application
who have made timely appearances of record may also be recognized
as parties to the appeal or application.
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112.5.3 Decision. The Board of
Appeals shall render its decision in writing within any time periods
imposed in state laws or Labor and Industry Regulations. The Board
of Appeals shall provide the applicant or appellant, the Building
Official and the Borough with copies of the appeal.
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(15)
Section 113, Violations, shall provide as follows:
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113.1 Unlawful acts. It shall be
unlawful for any person, firm or corporation to erect, construct,
alter, extend, repair, remove, demolish, use or occupy, or to permit
the erection, construction, alteration, extension, repair, removal,
demolition, use or occupancy of, any building or structure or equipment
regulated by this construction code, or cause same to be done, in
conflict with or in violation of this construction code. It shall
also be unlawful for any person to place inaccurate or misleading
information on an application or plan or to omit relevant information
from an application or a plan submitted to the Borough.
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113.2 Notice of violation. The
Building Official may serve a notice of violation on any person responsible
for the erection, construction, alteration, extension, repair, removal,
demolition, use, permission to use, occupancy, or permission for occupancy
of a building or structure or equipment in violation of the provisions
of this construction code, or in violation of a detailed statement
or a plan approved thereunder, or in violation of a permit or certificate
issued under the provisions of this construction code. Such notice
shall order discontinuance of the illegal action or condition and
the abatement of the violation. Notwithstanding the foregoing, it
shall not be a defense to an enforcement action that the building
official did not serve or that the defendant did not receive a written
notice of violation prior to the institution of the enforcement action.
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113.2.1 If an inspection reveals
a violation of this construction code, the Construction Code official
shall discuss the inspection results with the permit holder at the
completion of the inspection.
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113.2.2 When a violation relates
to an unsafe building, structure, or equipment, the Building Official
shall proceed in accordance with Section 403.84 of the Labor and Industry
Regulations.
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113.3 Prosecution of violation. If the Building Code Official has served a notice of violation and
the notice of violation is not complied with within the time specified
by the Building Official, or if the Building 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 Building Code Official shall notify the Borough Council
of the violation and shall request the Borough Council to authorize
institution of enforcement proceedings against the violator and/or
authorize the Borough 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 use of the building
or structure in violation of the provisions of this construction code
or of the order or direction made pursuant thereto. Notwithstanding
the foregoing, the Building Code Official may institute summary enforcement
proceedings without prior authorization of the Borough Council.
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113.4 Violation penalties. Any
person who shall violate a provision of this construction code or
who shall fail to comply with any of the requirements thereof or who
shall erect, construct, alter, extend, repair, remove, demolish, use
or occupy, or permit the use or occupancy of, any building or structure
or equipment regulated by this construction code in violation of the
provisions of this construction code or of an approved plan or of
a directive of the Building Official or of a permit or certificate
issued under the provisions of this construction code or who shall
permit the use, occupancy, erection, construction, alteration, extension,
removal, demolition or repair of the building or structure or equipment
in violation thereof, shall, upon being found guilty in an enforcement
proceeding commenced by the Borough, pay a penalty of not less than
$200 and not more than $1,000 for each violation, plus all costs of
prosecution, which fines and penalties may be collected as provided
by law. Each day that a violation continues shall be deemed a separate
offense, and each section of this construction code which is violated
shall be deemed a separate offense. The Building Official may request
the Police Department to make arrests for any offense against this
construction code or orders of the Building Official affecting the
immediate safety of the public.
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113.5 Abatement of violation. The
imposition of the penalties herein prescribed shall not preclude the
Borough Solicitor or the Building Official from instituting appropriate
action to prevent the unlawful construction or 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 use of a building or structure on or about any premises.
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(16)
Section 114.3 shall provide as follows:
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114.3 Unlawful Continuance. Any
person who shall continue any work in or about the structure after
having been served with a stop-work order, except such work as that
person is directed to perform to remove a violation or unsafe condition,
shall commit a violation of this construction code and shall be subject
to penalties or fines as provided in Section 113.4 and remedies as
provided in Section 113.5.
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(17)
Section 115, Unsafe Structures and Equipment, of the
International Building Code/2003 is deleted. The Borough adopts Section
403.84 of the Labor and Industry Regulations governing unsafe buildings,
structures, or equipment.
B.
International Residential Code.
(1)
Table R301.2(1) of the International Residential Code/2003
is hereby completed by inserting the following information:
(a)
Ground snow load: 30 pounds per square foot.
(b)
Wind speed (mph): 80 miles per hour.
(c)
Seismic design category: zero.
(d)
Weathering: severe.
(e)
Frost line depth: 36 inches.
(f)
Termite: moderate to heavy.
(g)
Decay: slight to moderate.
(h)
Winter design temperature: 10°.
(i)
Ice shield underlayment required: yes.
(j)
Flood hazard: May 19, 1980.
(k)
Air freezing index: 750.
(l)
Mean annual temperature: 50°.
[Adopted 12-27-2006 by Ord. No. C-480,
approved 12-27-2006]
A.
The Property Maintenance Code,[1] is amended by adding/modifying the following provisions:
(1)
Section PM-107.3 is amended to add the following:
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PM-107.3.4 Service Fees for Reoccurring
Violations. When a property has been declared a "public nuisance"
due to refuse accumulation, insect, vermin or rodent infestation,
lack of required utilities, facilities, equipment or other property
maintenance violations, deemed a detriment to the occupants of a property
or the public-at-large and/or cause a blighting condition, the Borough
Code Official will notify the responsible party. In the event of a
reoccurrence of the violation within a twelve-month period, the following
service charges will be assessed against the responsible party:
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(1)
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First reoccurrence: $100
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(2)
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Second reoccurrence: $150.
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(3)
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Third through sixth reoccurrence: $200 per occurrence.
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(4)
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Seventh or subsequent reoccurrence: $300 per
occurrence.
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Repeat offender service fees shall be payable
to the Borough within 15 days of receipt of the Borough invoice setting
forth the service fee. Failure to timely pay said fee will result
in the Borough instituting appropriate action against the offender
to recover both the service fee and any related administrative fees.
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PM-107.3.5 Public Safety Official Notice
and Quick Ticket Citation Procedures. In addition to other
enforcement mechanisms available to the Borough under this chapter,
the Borough Code Official is authorized to issue public safety official
notices for Property Maintenance Code violations and quick ticket
citations for code violations regarding high weeds and grass, garbage
and rubbish, animal waste and health code violations. The fines for
the above-referenced violations shall be payable within 15 days. Repeat
offenders shall be subject to additional penalties. Failure to pay
the citation within 15 days may result in a summary citation being
issued through the local district judge's office. The forms of the
Public Safety Official Notice and Quick Ticket Citation are attached
to this article.[2] The forms of the Public Safety Official Notice and the
Quick Ticket Citation may be changed by resolution by Borough Council
from time to time.
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[2]
Editor's Note: Said forms are on file in the
Borough offices.
(2)
Add the following definition to PM-302.1:
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Blighted Property/Public Nuisance. Blighted property/public nuisance is defined as any one of the following:
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(1)
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Any premises which because of physical condition
or use is regarded as a public nuisance and has been declared as a
public nuisance in accordance with the local housing, building, plumbing,
fire or related codes;
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(2)
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Any premises which because of physical condition,
use or occupancy is considered an attractive nuisance to children,
including, but not limited to, abandoned wells, shafts, basement,
excavations, unsafe fences or structures;
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(3)
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Any dwelling which because it is dilapidated,
unsanitary, unsafe, insect or vermin infested or lacking in the facilities
and equipment required by this chapter, and has been designated by
the Borough Code Official as unfit for human habitation or occupancy;
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(4)
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Any structure which is a fire hazard, or is
otherwise dangerous to the safety of person or property;
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(5)
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Any structure from which the utility, plumbing,
heating, sewage or other facilities have been disconnected, destroyed,
removed, or rendered ineffective so that the property is unfit for
its intended use;
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(6)
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Any vacant or unimproved lot or parcel of ground
in a predominantly built-out neighborhood, which by reason of neglect
or lack of maintenance, has become a place of accumulation of trash
and debris or a haven for rodents and other vermin;
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(7)
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Any unoccupied property which has been tax delinquent
for a period of two years prior to the effective date of this article,
and those in future having a two-year tax delinquency; and
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(8)
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Any property which is vacant but is not tax
delinquent, which as not been rehabilitated within one year of the
receipt of notice to rehabilitate from either the Borough Code Official
of Borough Council.
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(3)
PM-303.8.2 The existing PM-303.8.2 is deleted in its
entirety and replaced with the following:
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PM-303.8.2 Unlicensed or uninspected vehicles. Only one currently unregistered or uninspected motor vehicle shall
be parked, kept or stored on any premises in the Borough and in no
event, for more than 10 days. Motor vehicles that do not have current
license, current inspection or current registration must be stored
within a completely enclosed structure, unless a vehicle storage permit
is issued by the Code Official. A vehicle storage permit may be issued
only after an inspection is conducted by the Code Official. A vehicle
storage permit shall be valid for 90 days and may be extended by the
Code Official for an additional 90 days if special circumstances exist.
The permit fee for a vehicle storage permit shall be $75 and such
fee may be adjusted from time to time by resolution of the Borough
Council. However, no motor vehicle shall at any time be in a state
of major disassembly, disrepair or in the process of being stripped
or dismantled.
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This provisions of this section shall not apply
to the storage of motor vehicles on premises which otherwise comply
with applicable zoning regulations, such as automobile repair garages
or motor vehicles towing establishments. Such establishments shall
be permitted to store unlicensed or uninspected motor vehicles for
a period of not more than 60 days.
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