[Ord. 369, 8/23/2016]
1.
Adoption of Code. The North Strabane Township Board of Supervisors
hereby adopts in its entirety, except as hereinafter modified in § 302,
the International Property Maintenance Code ("IPMC") of 2015, published
by the International Code Council, copyright 2015. Copies of the IPMC
are available for review at the North Strabane Township Municipal
Building currently located at 1929 Route 519 South, Canonsburg, Pennsylvania
15317.
2.
Scope of Code. The provisions of the IPMC (as amended by the Township
from time to time) shall apply to all existing residential and nonresidential
structures and all existing premises and shall constitute minimum
requirements and standards for premises, structures, equipment and
facilities for light, ventilation, space, heating, sanitation, protection
from the elements, a reasonable level of safety from fire and other
hazards and for a reasonable level of sanitary maintenance; the responsibility
of owners, an owner's authorized agent, operators and occupants;
the occupancy of existing structures and premises; and for administration,
enforcement and penalties.
[Ord. 369, 8/23/2016]
1.
The International Property Maintenance Code of 2015 is hereby modified
as follows:
A.
Chapter 1, Scope and Administration, Section 101, General, Article 101.1, shall read:
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Title. These regulations shall be known as the "International
Property Maintenance Code of North Strabane Township," hereinafter
referred to as "this code."
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B.
Chapter 1, Scope and Administration, Section 103, Department of Property Maintenance, Article 103.1, shall read:
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General. The department of property maintenance inspection is
hereby created, and the executive official in charge thereof shall
be the Township-appointed Building Code Official of the Township,
hereinafter referred to as the "code official."
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C.
Chapter 1, Scope and Administration, Section 109, Emergency Measures, Article 109.6, Hearing, is deleted.
D.
Chapter 1, Scope and Administration, Section 111, Means of Appeal, is hereby repealed in its entirety, and any appeals section contained in a future edition of the International Property Maintenance Code (IPMC) shall be void unless specifically adopted by the Township hereinafter. Violations of the Township Code and International Property Maintenance Code that are not adequately remedied as determined by the Township Code Official and/or done so in a timely manner as detailed in the notice of violation shall result in a citation being filed with the local Magisterial District Court. Any aggrieved party shall have the right to appeal the Magistrate's decision to the Court of Common Pleas.
E.
Chapter 2, General Definitions, is hereby amended by adding the following definitions:
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BLIGHTED PROPERTY — As defined in 35 P.S. § 1712.1(c),
a blighted property must meet one of the following criteria:
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(1)
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Any premises which, because of physical condition or use, is
regarded as a public nuisance at common law or has been declared a
public nuisance in accordance with the local housing, building, plumbing,
fire and related codes.
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(2)
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Any premises which, because of physical condition, use or occupancy,
is considered an attractive nuisance to children, including, but not
limited to, abandoned wells, shafts, basements, excavations, and unsafe
fences or structures.
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(3)
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Any dwelling which, because it is dilapidated, unsanitary, unsafe,
vermin-infested or lacking in the facilities and equipment required
by the housing code of the municipality, has been designated by the
department responsible for enforcement of the code as unfit for human
habitation.
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(4)
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Any structure which is a fire hazard or is otherwise dangerous
to the safety of persons or property.
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(5)
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Any structure from which the sewerage has been disconnected,
destroyed, removed, or rendered ineffective so that the property is
unfit for its intended use.
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(6)
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Any vacant or unimproved lot or parcel of ground in a predominantly
built-up neighborhood which, by reason of neglect or lack of maintenance,
has become a place for accumulation of trash and debris or a haven
for rodents or other vermin.
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(7)
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Any unoccupied property which has been tax-delinquent for a
period of two years prior to the effective date of this Part, and
those in the future having a two-year tax delinquency.
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(8)
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Any property which is vacant but not tax-delinquent, which has
not been rehabilitated within one year of the receipt of notice to
rehabilitate from the appropriate code enforcement agency.
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(9)
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Any abandoned property. A property shall be considered abandoned
if:
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(i)
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It is a vacant or unimproved lot or parcel of ground on which
a municipal lien for the cost of demolition of any structure located
on the property remains unpaid for a period of six months;
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(ii)
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It is a vacant property or vacant or unimproved lot or parcel
of ground on which the total of municipal liens on the property for
tax or any other type of claim of the municipality is in excess of
150% of the fair market value of the property as established by the
Board of Revisions of Taxes or other body with legal authority to
determine the taxable value of the property; or
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(iii)
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The property has been declared abandoned by the owner, including
an estate that is in possession of the property.
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CODE REQUIREMENT — A building, housing or property maintenance
code or ordinance of the Township.
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MOTOR VEHICLE — A vehicle which is self-propelled, except
an electric personal assistive mobility device or a vehicle which
is propelled solely by human power.
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SERIOUS VIOLATION — A violation of a state law or Township
code or other applicable code that poses an imminent threat to the
health and safety of the dwelling occupant, occupants in surrounding
structures or passersby. Property found to be a public nuisance or
blighted is also considered to be a serious violation.
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SUBSTANTIAL STEP — An affirmative action as determined
by a Township official or officer of the court on the part of the
property owner or managing agent to remedy a serious violation of
state law or Township code, including, but not limited to, physical
improvements or repairs to the property.
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THE ACT — Act 90 of 2010, the Neighborhood Blight, Reclamation
and Revitalization Act.[1]
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[1]
Editor's Note: See 53 Pa.C.S.A. § 6101 et seq.
F.
Chapter 3, General Requirements, Section 302, Exterior Property Areas, the following article is added:
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302.2.1 Directing of Water. Rain leaders, foundation drains,
sump pump discharge or other forms of drainage or water runoff shall
not be directed onto neighboring properties or in a manner as to cause
a nuisance or hazard.
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G.
Chapter 3, General Requirements, Section 302, Exterior Property Areas, Article 302.4, is amended to read:
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302.4 Weeds. All premises and exterior property shall be maintained
free from noxious weeds and grass in excess of eight inches and shall
be enforced from April 15 until November 15 of each year.
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i)
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Land(s) subject to this regulation:
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- Lots in a platted subdivision with a structure.
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- Vacant lots in platted subdivisions in which buildings have
been erected on 60% or more of the lots.
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- Parcels of land along improved streets in common usage (properties
with 125 feet or more of frontage having developed lots with homes
on each side) shall be maintained to a depth of 150 feet or the depth
of ownership, whichever is greater.
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ii)
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Land(s) not subject to this regulation (as long as the health,
safety and general welfare of the public is not being negatively impacted):
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- Land used for agricultural purposes (active farming operations).
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- The areas of lots currently used in an active garden for vegetables,
fruit, flowers, etc. (Only the area involved in active gardening shall
be exempt.)
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- Naturally wooded areas, wetlands, meadows and fields.
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- Undeveloped open space.
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- Conservation easements.
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H.
Chapter 3, Section 302, Exterior Property Areas, Article 302.8, shall read:
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302.8 Motor Vehicles. Except as provided for by use or right,
no more than one unregistered or uninspected vehicle shall be parked,
kept or stored on any premises, and no vehicle shall at any time be
in a state of major disassembly, disrepair, or in the process of being
stripped or dismantled. Painting of vehicles, with automotive spray
guns/devices, is prohibited unless conducted inside an approved spray
booth.
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Exceptions:
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i)
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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 to limit exposure to
the adjoining property owner(s).
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ii)
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This section shall not be construed as prohibiting the registered
owner of a motor vehicle or part thereof from performing minor repair
of said vehicle in the driveway or other area of a residence, provided
that the vehicle is registered to someone living in the residence
and done so in accordance with all other Township, state or federal
laws.
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I.
Chapter 3, Section 302, Exterior Property Areas, the following article is added:
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§302.10. Deposits on public streets, sidewalks and other
public rights-of-way.
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No property owner shall, through action or inaction, cause or
allow water, mud, snow, soil, stone, sand, yard debris, refuse, litter
or other substances to accumulate on streets, alleys, or sidewalks.
Inaction shall include, but is not limited to, allowing erosion of
materials from properties due to water, wind, subsidence, or other.
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T.
Chapter 3, Section 305, Interior Structure, is hereby eliminated in its entirety and replaced with the following language:
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§305.1. Interior General.
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Interior of structures must be maintained in a manner that does
not create a condition on the property that is reasonably likely to
negatively impact the peace, health, safety and welfare of any residents
and/or the public at large.
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V.
Chapter 5, Part 3, Section 304, of the Township Code, "Future Editions," is hereby repealed and replaced with the following:
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§304. Future Editions.
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No future editions of and amendments to the IPMC promulgated
by the International Code Council shall be made a part of the North
Strabane Township Code of Ordinances until adopted pursuant to official
action by the North Strabane Township Board of Supervisors.
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