[HISTORY: Adopted by the Borough Council
of the Borough of Pennsburg 8-1-2005 by Ord. No. 8-05.[1] Amended in its entirety 7-4-2009 by Ord. No. 2-09[2]; subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 34.
Code enforcement — See Ch. 36.
Uniform construction codes — See Ch. 36A.
Fire prevention — See Ch. 51.
Littering on property — See Ch. 60.
[1]
Editor's Note: This ordinance also repealed
former Ch. 42, Property Maintenance, adopted 2-7-1994 by Ord. No.
3-94.
[2]
Editor's Note: This ordinance also provides that "in the event
that the International Code Council prepares and adopts a later version
of the Property Maintenance Code, that most recent edition of the
Code shall become part of the Code of Ordinances of the Borough of
Pennsburg, without the need for adoption of an amending ordinance."
The International Property Maintenance Code,
2009, as published by the International Code Council, be and is hereby
adopted as the Property Maintenance Code of Pennsburg Borough.
The following subsections and/or words in the
International Property Maintenance Code, 2009, (hereafter the "Property
Maintenance Code") are hereby revised to substitute the following
words for the original words contained in the code.
A.
Section 101.1. Substitute "Pennsburg Borough" for
[NAME OF JURISDICTION];
B.
The title of Section 103 shall read as follows: Building
Code Official And Deputies.
C.
Section 103.1 shall read as follows:
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Creation of the Office of the Building Code
Official. The office of Building Code Official is hereby created and
the executive official(s) in charge thereof shall be known as the
Building Code Official.
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D.
Section 103.2 shall read as follows:
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Appointment. The Building Code Official shall
be appointed by Borough Council and shall serve at the pleasure of
Borough Council.
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E.
Section 103.5 shall read as follows:
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Fees. The fees for all work, permits, charges,
etc. shall be paid in accordance with the Fee Schedule Resolution
in effect at the time application is made.
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F.
The Title of Section 104.7 shall read as follows:
Building Code Official's Record.
G.
Subsection 106.3 shall read as follows:
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Prosecution of Violation. Persons who shall
violate a provision of this code, fail to comply with any of the requirements
thereof or erect, install, alter or repair work in violation of the
approved construction documents or directives of the Building Code
Official, or of a permit or certificate issued under the provisions
of this code, shall be guilty of a summary offense, punishable by
a fine of not more than $1,000 per violation. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense.
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H.
Subsection 107.4 is hereby revised by deleting the
reference to Section 106.4 and substituting "106.3."
I.
Section 111 is hereby deleted in its entirety. A new
Section 111 is hereby enacted to read as follows:
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Appeals. The creation of the Board of Appeals
and its authority and qualifications and the filing of appeals shall
be in accordance with Sections 403.121 and 403.122 contained in 34
Pa. Code, Chapter 403.
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J.
Section 202 is hereby revised to include the following
additional definitions:
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Occupied. As applied to a building or portion
thereof, shall be construed as though followed by the words, "or intended,
arranged or designed to be occupied, or having a certificate of use
and occupancy."
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One-Family Dwelling. A building containing one
dwelling unit.
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Two-Family Dwelling. A building containing two
dwelling units.
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K.
Section 202 is hereby amended as follows: in the definition
of "owner" the phrase "if ordered to take possession of real property
by a court" is hereby deleted from the definition.
L.
Section 301 is hereby amended to include the following
additional subsection known as 301.2.1:
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301.2.1. Where properties abut a public right-of-way,
the abutting property owner shall be responsible for the maintenance
of the area between their property line and the cartway, including
the curb, the sidewalk and grass areas between the curb and the property
line.
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M.
Section 302 is hereby amended to include the following
additional subsection known as 302.3.1:
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302.3.1. Where sidewalks exist, those responsible
(see Section 301.2.1, as amended) for the sidewalks shall have at
least a two-foot-wide path cleared of snow and ice within twenty-four
(24) hours after the cessation of the snowfall.
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EXCEPTION: When more than 12 inches of snow
has fallen, those responsible for the sidewalk shall have at least
a two-foot-wide path cleared of snow and ice within 48 hours after
the cessation of the snowfall.
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N.
Section 302 is hereby amended to include the following
additional subsection known as 302.4.2:
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302.4.2. The Building Code Official, or any
officer or employee of the Borough designated thereby for this purpose,
is hereby authorized to give notice, by personal service or United
States mail, to the owner or occupant or any adult person in charge
of said premises, as the case may be, of any property wherein grass
or other vegetation is in violation of Section 302.4 or Section 302.4.1,
directing and requiring such occupant or owner to remove, trim or
cut such grass, weeds or vegetation so as to conform to the requirements
of this ordinance within five days after issuance of such notice.
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Whenever, in the judgment of the Building Code
Official, it shall appear to be impracticable to give notice as above
provided, either because the owner or occupant cannot readily be found
or because a search for the owner or occupant would entail unreasonable
delay, the Borough or any officer or employee of the Borough designated
thereby for that purpose may give notice by posting conspicuously
on the property where such nuisance exists a notice or order directing
and requiring that such nuisance be abated within five days.
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In case any person, firm or corporation shall
neglect, fail or refuse to comply with such notice within the period
of time stated therein, the Borough may order the removal, trimming
or cutting of such grass, weeds or vegetation, and the cost thereof,
together with a penalty of 10% of the cost thereof, shall be collected
by the Borough from such person, firm or corporation, in the manner
provided by law and may be entered as a municipal lien against the
property and owner thereof, for the abatement of nuisance.
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O.
Section 302.8 shall read as follows:
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Motor Vehicles. Only one intact inoperative
or unlicensed motor vehicle shall be parked, stored, or kept on any
premises. A vehicle of any type is permitted to undergo major overhaul,
including body work, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes.
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P.
Section 304.14. Substitute "May 15" for the first
reference of [DATE] and "October 15" for the second reference of [DATE].
Q.
Section 602.3. Substitute "October 1" for the first
reference of [DATE] and "May 1" for the second reference of [DATE].
R.
Section 602.4. Substitute "October 1" for the first
reference of [DATE] and "May 1" for the second reference of [DATE].
S.
Substitute in all relevant sections of the code "Building
Code Official" for [THE BUILDING CODE OFFICIAL].
T.
Substitute in all relevant sections of the code "the
Borough Council" for [THE GOVERNING BODY].
