[Ord. 697, 5/3/2004]
The Borough of McDonald hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended
from time to time, and its regulations.
[Ord. 697, 5/3/2004]
The Uniform Construction Code, contained in 34 Pa Code, Chapters
401 to 405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of the Borough
of McDonald.
[Ord. 697, 5/3/2004]
Administration and enforcement of the Code within the Borough
of McDonald shall be undertaken in any of the following ways as determined
by the governing body of the Borough of McDonald from time to time
by resolution:
A.
By the designation of an employee of the Borough of McDonald to serve
as the municipal code official to act on behalf of the Borough of
McDonald.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough of McDonald.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of the Borough of McDonald.
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
[Ord. 697, 5/3/2004]
A Board of Appeals shall be established by resolution of the
governing body of the Borough of McDonald in conformity with the requirements
of the relevant provisions of the Code, as amended from time to time,
and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
said Board of Appeals shall be established by joint action of the
participating municipalities.
[Ord. 697, 5/3/2004]
1.
All building code ordinances or portions of ordinances which were
adopted by the Borough of McDonald on or before July 1, 1999, which
equal or exceed the requirements of the Code shall continue in full
force and effect until such time as such provisions fail to equal
or exceed the minimum requirements of the Code, as amended from time
to time.
2.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this Part and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provisions of the Code.
3.
All relevant ordinances, regulations and policies of the Borough
of McDonald not governed by the Code shall remain in full force and
effect.
[Ord. 697, 5/3/2004]
Fees assessable by the Borough of McDonald for the administration
and enforcement undertaken pursuant to this Part and the Code shall
be established by the governing body by resolution from time to time.
[Ord. No. 737, 8/3/2015]
A certain document, three copies of which are on file in the office of the Borough Secretary of the Borough of McDonald, being marked and designated as the International Property Maintenance Code, 2015 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of McDonald 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 Secretary of the Borough of McDonald are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes prescribed in § 5-202 of this Part.
[Ord. No. 737, 8/3/2015]
1.
The following sections are hereby revised:
A.
Section 101.1. Insert: Borough of McDonald.
B.
Section 103.5 is hereby amended to provide:
103.5 Fees. The fees for activities and services
performed by the Department in carrying out its responsibilities under
this code shall be in such amounts as established from time to time
by resolution of McDonald Borough Council.
C.
Section 302.4.
(1)
Insert:
10 inches.
(2)
Add
the following subparagraphs:
[Added by Ord. No. 748,
5/1/2017]
(a)
No person, partnership, firm or corporation shall permit the following
growths and vegetation which are hereby declared to be a detriment
to the health, safety and environment of the Borough of McDonald:
(b)
This section shall not apply to land which is zoned for agricultural
use and actively farmed, provided there is no impact to public streets
or rights-of-way.
D.
Section 304.14. Insert: May 1 and September 30.
E.
Section 602.3. Insert: October 1 and April 30.
F.
Section 602.4. Insert: October 1 and April 30.
[Ord. No. 737, 8/3/2015]
The Borough of McDonald Code of Ordinances and all other ordinances
or parts of laws in conflict herewith are hereby repealed to the extent
that said ordinances conflict herewith.
[Ord. No. 737, 8/3/2015]
If any section, subsection, sentence, clause or phrase of this
Part is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this Part.
Council for the Borough of McDonald hereby declares that it would
have passed this Part, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases are declared unconstitutional.
[Ord. No. 737, 8/3/2015]
Nothing in this legislation or in the Property Management 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 § 5-203 of this Part; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
[Ord. No. 737, 8/3/2015]
This Part and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
and be in full force and effect five days from and after the date
of its final passage and adoption.
[Added by Ord. No. 742,
5/2/2016]
Any person, firm or corporation who shall violate any provision
of the International Property Maintenance Code as enacted by the Borough
of McDonald pursuant to Ordinance 737 of 2015, upon conviction thereof,
shall be sentenced to pay a fine of not less than $300 nor more than
$1,000, plus costs, or, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each day that a violation
of the International Property Maintenance Code continues and/or each
section or part of the International Property Maintenance Code which
shall be found to have been violated shall constitute a separate offense.
