[HISTORY: Adopted by the Borough Council of the Borough of East Petersburg 7-1-2014 by Ord. No. 271.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 36.
Building construction — See Ch. 39.
Buildings unfit for human habitation — See Ch. 42.
Junkyards, rubbish and solid waste management — See Ch. 70.
Property leasing — See Ch. 93.
Snow and ice removal — See Ch. 103.
[1]
Editor's Note: This ordinance also repealed former Ch. 94, Property Maintenance, adopted 6-6-2006 by Ord. No. 244.
A certain document, three copies of which are on file in the office of the Code/Zoning Officer of East Petersburg Borough, being marked and designated as the International Property Maintenance Code, 2012 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of East Petersburg, in the State 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 existing structures as herein 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 Property Maintenance Code on file in the office of the Borough of East Petersburg are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 94-2 of this chapter. Subsequent editions of the International Property Maintenance Code shall be automatically adopted and replace the previous edition with the same revision to Section 106.4 below, unless Borough Council adopts an ordinance to the contrary.
The following sections are hereby revised:
Section 103.5 Fees.
The fees for activities and services performed by the Code Official/Zoning Officer in carrying out his responsibilities under this code shall be established by resolution or ordinance of the Borough Council.
Section 106.4 Violations Penalty.
Any person, firm, corporation or other business entity found guilty of violating a provision of this code shall be liable upon summary conviction thereof to pay fines and penalties of a) not less than $100 nor more than $1,000 plus all costs of prosecution for a first offense, b) not less than $200 nor more than $1,000 plus all costs of prosecution for a second offense, and c) not less than $300 nor more than $1,000 plus all costs of prosecution for a third offense, which fines and penalties may be collected as provided by law. Each day that a violation continues and each section of this code which is violated shall be deemed a separate offense. This code may also be enforced by an action in equity brought in the Lancaster County Court of Common Pleas.
Ordinance No. 244 of the Borough of East Petersburg, which adopted the 2006 Edition of the International Property Maintenance Code, and all other ordinances or parts of ordinances in conflict herewith, are hereby repealed.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Borough Council hereby declares that it would have passed this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending 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 as cited in § 94-3 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.