[Adopted 2-17-1999 by Ord. No. 689; amended in its entirety 6-15-2022 by Ord. No. 1062]
That a certain document, three copies of which are on file in the office of South Whitehall Township, being marked and designated as the International Building Code, 2018 Edition, as published by the International Code Council be and is hereby adopted as the Building Code of South Whitehall Township, in the Commonwealth of Pennsylvania, for 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 the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as hereby provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the Department of Community Development of South Whitehall Township are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 144-18 of this article.
A. 
Section 101.1 Title. Insert "South Whitehall Township" in the space indicated by [NAME OF JURISDICTION].
B. 
Section 114.4 "Violation penalties" shall be changed to read:
Section 114.4 Violation penalties. Any person who violates a provision of this Code, or fails to comply with any of the requirements thereof, or who erects, constructs, alters or repairs a building or structure in violation of an approved plan or directive of the building official, or of a permit or certificate issued under the provisions of this Code, shall be liable for a civil penalty, upon a finding of liability by the District Justice, or any other court of competent jurisdiction. The amount of the civil penalty for each such violation shall not be more than $1,000 plus costs of the enforcement action including reasonable attorney's fees. Each day that a violation continues shall be deemed to be a separate violation.
C. 
Section 115.3 "Unlawful continuance" shall be changed to read:
Section 115.3 Unlawful continuance. Any person who continues 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 conditions, shall be liable for a civil penalty, upon a finding of liability by the District Justice, or any other court of competent jurisdiction. The amount of the civil penalty for each such violation shall be not less than $100 and shall be not more than $1,000 plus costs of the enforcement action including reasonable attorney's fees. Each day that a violation continues shall be deemed to be a separate violation.
D. 
Section 115 "Stop Work Order" shall be amended to add Section 115.4 titled "Disregard of Unsafe Notice" which shall read:
Section 115.4 Disregard of unsafe notice. Upon refusal or neglect of the person served with an "unsafe notice" to comply with the requirements of the order to abate the unsafe condition, the Township Solicitor shall be advised of all the facts and shall institute the appropriate action to compel compliance, including but not limited to an action to abate a nuisance. Any person failing to comply with the requirements of the abatement order shall be liable for a civil penalty, upon a finding of liability by the District Justice, or any other court of competent jurisdiction. The amount of the civil penalty for each such failure to comply with an abatement order shall be not more than $1,000 plus costs of the enforcement action including reasonable attorney's fees. Each day that the failure to comply with an abatement order continues shall be deemed to be a separate failure to comply with an abatement order.
In the event that the required repair or demolition is not commenced within the stipulated time, the Code Official shall have the power to post at each entrance a warning notice of an unsafe building condition.
No person shall occupy the building or any part thereof or remove or deface the aforementioned "unsafe building" notice until or at such time as all repairs, demolition or removal ordered by the Code Official have been completed and the Building Certificate of Occupancy has been issued.
E. 
Section 1612.3 Establishment of flood hazard areas. Insert "South Whitehall Township" in the space indicated by [NAME OF JURISDICTION].
F. 
Section 1612.3 Establishment of flood hazard areas. Insert "July 16, 2004" in the space indicated by [DATE OF ISSUANCE].
All parts of Ordinance No. 1034 and all other ordinances, resolutions, or other regulations of the Township in conflict with this article are hereby expressly repealed, but only to the extent of such conflict.
Nothing in this article shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, 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 Code or ordinance.