[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown as indicated in article histories. Amendments noted
where applicable.]
[1]
Editor's Note: This ordinance also repealed former Art. I,
International Property Maintenance Code, adopted 8-12-2003 by Ord. No.
03-18, as amended.
A.Â
The 2018 Edition of the International Property Maintenance Code® (the "code"), as published by the International Code Council, is hereby adopted as the Property Maintenance Code of Middletown Township, 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 providing for the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in Middletown Township. Each and all of the regulations, provisions, penalties, conditions and terms of the code are hereby adopted and made a part hereof, as fully set out in this section, with the additions, insertions, and changes, if any, prescribed in this Chapter 363, Property Maintenance.
B.Â
Three copies of the code shall be at all times kept available for
public inspection in the office of the Department of Licenses and
Inspections of the Township of Middletown.
The code, as the Property Maintenance Code adopted by Middletown
Township, is hereby amended and revised at the sections set forth
below:
A.Â
Section 101.1, Title. This section shall be amended
to read as follows: "These regulations shall be known as the Property
Maintenance Code of Middleton Township (the "Code")."
B.Â
Section 102.3, Application of Other Codes. The last
sentence in this section shall be revised so that it reads as follows:
"Nothing in this Code shall be construed to cancel, modify, or set
aside any provision of the Middletown Township Zoning Ordinance."
C.Â
Section 103.1, General. This section shall be amended
to read as follows: "The Middletown Township Department of Licenses
and Inspections is hereby designated to enforce this Code, and the
executive official in charge thereof shall be known as the "Code Official."
D.Â
Section 103.2, Appointment. This section shall be deleted
and amended to read as follows:
"The Code Official shall be appointed by the chief appointing
authority of the Township of Middletown. An official or employee connected
with the enforcement of this Code shall not be engaged in or directly
or indirectly connected with the furnishing of labor, materials, or
appliances for the construction, alteration, or maintenance of a building,
or the preparation of construction documents thereof, unless that
official or employee is the owner of the building, nor shall such
official or employee engage in any work that conflicts with the official
duties or the interests of the Middletown Township Department of Licenses
and Inspections."
E.Â
Section 103.4, Liability. In the first sentence, the
entity name "board of appeals" shall be stricken, deleted, and replaced
with the "Technical Code Review Board."
F.Â
Section 103.5, Fees. This section shall be amended to
read as follows:
"The fees for activities and services performed by the Middletown
Township Department of Licenses and Inspections in carrying out its
responsibilities under the Code shall be established by resolution
of the Middletown Township Board of Supervisors, from time to time,
as deemed appropriate by Middletown Township."
G.Â
Section 104.6, Department Records. This section shall
be amended to read as follows:
"The Code Official shall keep official records of all business
and activities of the Middletown Township Department of Licenses and
Inspections specified in the provisions of this Code. Such records
shall be retained in the official records as long as the building
or structure to which such records relate remains in existence, unless
otherwise provided for by other regulations or laws."
H.Â
Section 106.4, Violation Penalties. This section is
deleted in its entirety and replaced with the following language:
"Any person, firm, or corporation who or which shall violate
any provision of this code shall, upon conviction thereof, be subject
to a fine of not more than $1,000.00, plus court costs and reasonable
attorney's fees. Each day that a violation continues after due
notice has been served in accordance with the terms and provisions
hereof shall be deemed a separate offense. If the offending party
neither pays, nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the Pennsylvania Rules of Civil Procedure."
I.Â
Section 111.1, Application for Appeal. In the first
sentence, the entity name "board of appeals" shall be stricken, deleted,
and replaced with the "Technical Code Review Board."
J.Â
Sections 111.2 through 111.8, as described in more specific
detail below, shall be stricken and deleted in their entirety:
Section 111.2. Membership of board.
|
Section 111.2.1. Alternate members.
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Section 111.2.2. Chairman.
|
Section 111.2.3. Disqualification of member.
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Section 111.2.4. Secretary.
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Section 1111.2.5. Compensation of members.
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Section 111.3. Notice of meeting.
|
Section 111.4. Open hearing.
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Section 111.4.1. Procedure.
|
Section 111.5. Postponed hearing.
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Section 111.6. Board decision.
|
Section 111.6.1. Records and copies.
|
Section 111.6.2. Administration.
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Section 111.7. Court review.
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Section 111.8. Stays of enforcement.
|
K.Â
Section 112.4, Failure to Comply. This section is hereby
amended by deleting the phrase "shall be liable to a fine of not less
than [AMOUNT] dollars or more than [AMOUNT] dollars" and inserting
the phrase "shall be liable to a fine of not more than $1,000.00."
L.Â
Section 302.4, Weeds. This section is hereby amended
by inserting the phrase "six (6) inches in height" and amending the
phrase "cultivated flowers and gardens" to "lands under cultivation."
M.Â
Section 302.8, Motor Vehicles. The first sentence of
this section is hereby deleted and replaced with the following sentence:
"Except as provided for in other regulations, no inoperative or unlicensed
or uninspected motor vehicle which is out of date by more than thirty
(30) days shall be parked, kept or stored on any premises, and no
vehicle shall at any time be in a state of major disassembly, disrepair,
or in the process of being stripped or dismantled."
N.Â
Section 302.9, Defacement of Property. This section
is hereby stricken and deleted in its entirety.
O.Â
Section 304.3, Premises Identification. This section
is hereby stricken and deleted in its entirety.
P.Â
Section 304.14, Insect Screens. This section is hereby
amended by deleting the phrase "During the period from [DATE] to [DATE]"
and inserting the phrase "Throughout the entire year."
Q.Â
Section 308, Rubbish and Garbage. This section, which
spans from Section 308 to Section 308.3.2, is hereby stricken and
deleted in its entirety.
R.Â
Section 602.3, Heat Supply. Insert the dates "October
1 to June 1."
S.Â
Section 602.4, Occupiable Work Spaces. This section
is hereby amended by deleting the phrase "during the period from [DATE]
to [DATE]" and inserting the phrase "throughout the entire year."
A.Â
In all other matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
commonwealth promulgated by authority of law, such laws or regulations,
as the case may be, shall control where the requirements thereof are
the same or in excess of the provisions of this article. This article
shall control in all cases where the state requirements are not as
strict as those contained herein.
B.Â
Wherever the provisions or requirements of this article are in conflict
with other provisions or requirements of the ordinances of Middletown
Township, the most restrictive, or those imposing the higher standards,
shall govern, except as otherwise provided herein.