Township of Pennsbury, PA Chapter 111 Property Maintenance

[HISTORY: Adopted by the Board of Supervisors of the Township of Pennsbury 7-2-2001 by Ord. No. 2001-2. Amendments noted where applicable.]

§ 111-1 Adoption of property maintenance code.

There is hereby adopted by the Township of Pennsbury, for the purpose of prescribing regulations governing the design, construction, use or maintenance of all buildings and structures, the 1993 BOCA National Property Maintenance Code, Fourth Edition, and the whole thereof, save and except such portions as are hereinafter deleted, modified or added by § 111-3 of this chapter, three copies of which have been and are now filed in the office of the Township of Pennsbury, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the Township of Pennsbury.

§ 111-2 Definitions.

Unless otherwise indicated, the following words shall be construed to have the meaning hereafter indicated. The singular shall include the plural and the plural shall include the singular.

CODE OFFICIAL

The Code Enforcement Officer or his or her assistants.

MUNICIPALITY

The Township of Pennsbury, County of Chester, Pennsylvania.

§ 111-3 Amendments and additions to 1993 BOCA National Property Maintenance Code.

The following amendments and additions are made to the 1993 BOCA National Property Maintenance Code:

A. Section PM-101.1 Title: These regulations shall be known as the Property Maintenance Code of Pennsbury Township hereinafter referred to as "this code."

B. Section PM-106.2 Penalty: Any person who shall violate a provision of this code shall, upon conviction thereof in a summary offense proceeding, be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

C. Section PM-106.3 Prosecution: In case of any unlawful acts, the Code Official shall enforce the code by action brought before a district justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Code Official may also request the legal counsel of Pennsbury Township to institute the appropriate proceedings at law or in equity to restrain, correct or abate such violations or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Each day that the violation continues after due notice has been served shall be deemed a separate offense.

D. Section PM-111.2 Membership of Board: The Board of Supervisors shall serve as the Board of Appeals.

E. Section PM-111.2.1: delete in its entirety.

F. Section PM-111.2.2: delete in its entirety.

G. Section PM-111.2.3 Chairman: The Board shall select one of its members to act as Chairman for each scheduled hearing.

H. Section PM-111.2.4: delete in its entirety.

I. Section PM-111.2.5 Secretary: The Secretary to the Board of Supervisors shall serve as Secretary to the Board of Appeals.

J. Section PM-111.2.6: delete in its entirety.

K. Section PM-111.5 Postponed hearing: When three members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

L. Section PM-111.6 Board decision: Any modification or reversal of the decision of the Code Official shall be by a concurring vote of not less than two members.

M. Section PM-303.4 Weeds: All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All 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 nor shall it apply to fields, pastures and similar areas used for agricultural activity, mowed annually or semiannually for conservation purposes, or left in a natural, uncultivated state.

N. Section PM-303.7 Accessory structures: All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair, including specifically walls and fences utilized to control livestock, required for safety, or used as retaining walls or to control erosion. This section shall not, however, apply to walls and fences located in rural or nonresidential areas where lack of maintenance would not have an adverse effect on neighboring properties.