[HISTORY: Adopted by the Borough Council of the Borough of Bellefonte 12-20-2010 by Ord. No. 12202010-02. Amendments noted where applicable.]
It is the intent and purpose of this chapter to adopt a modern property maintenance code, which will prescribe effective standards and minimum requirements for buildings and premises in the Borough of Bellefonte. This code is designed to cover every facet of housing and property maintenance in order to ensure that persons in or visiting the Borough are provided with a safe and sanitary environment.
Editor's Note: The Bellefonte Property Maintenance and Safety Code is included at the end of this chapter.
[Added 6-5-2017 by Ord. No. 06052017-01]
It is hereby adopted by the municipality for the intent and purposes set forth in § 425-1 that certain code known as the Centre Region Building Safety and Property Maintenance Code, 2017 Edition, as promulgated by the Centre Region Council of Governments, except such provisions which may be in conflict with the laws of the Commonwealth of Pennsylvania or the regulations issued by an agency of the Commonwealth by virtue of such laws and which provide a more stringent standard and which are required to be observed by the municipality or the provisions of other ordinances of this jurisdiction which are in conflict with the provisions of this chapter, regardless of the strictness of the provisions. The provisions of the Centre Region Building Safety and Property Maintenance Code, 2017 Edition, as amended, are set forth in the copy presently on file in the office of the Municipal Manager, and are hereby adopted as fully as if set forth in length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the municipality, except as modified by this chapter and any subsequent amendments thereto.
[Added 6-5-2017 by Ord. No. 06052017-01; amended 11-18-2019 by Ord. No. 11182019-01]
The following articles and sections of the Centre Region Building Safety and Property Maintenance Code, 2017 edition, as adopted, are amended, deleted, or altered as follows:
Alter: Section 101.2 Scope. To read: The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, owner's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
Exception: Owner-occupied single-family dwellings that do not require a rental housing permit are exempted from all sections of this code except Sections 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 302, 303, 304, 306, exterior provisions of 307.1, 312, 318, 604, and Chapters 2, 9, 10, and 11 of this code.
Alter: Section 104.2.1 Rental Housing Inspection frequency. To read:
All rental properties shall be inspected at least once every 36 months. The next regular inspection will be scheduled 36 months or sooner from the last regular inspection, not the last re-inspection date.
Add: Section 106.3.8 Storage violation. To read: In addition to the imposition of the penalties herein described, the code official, municipal enforcement official, or police officer is authorized to issue field fines for violations of Section 318. A fine of $150 per occurrence shall be issued for each occurrence observed. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense. Any person, firm, or corporation violating one or more of these sections is exempt from the notification requirements set forth in Section 107. Failure to pay the fine, in full, to the Centre Region Council of Governments (COG) or the issuing municipality within 10 days of issuance will result in legal action in accordance with Section 106.3. All violations of Section 318 can be appealed either to the Director of Code Administration or Municipal Manager, if issued by the municipality, within seven calendar days of issuance.
Add: Section 315 Vegetative growth: To read: No person, film or corporation owning or occupying any property within the Borough of Bellefonte shall permit any grass or weeds or any other vegetation whatsoever to grow or remain upon such premises to exceed a height of six inches or so as to cause unpleasant or noxious odors, conceal filthy deposits or create or produce pollen.
Add: Section 315.1 Vegetative growth and right-of-way encroachment. To read: No person, firm or corporation owning or occupying any property within the Borough of Bellefonte shall permit any weeds or brushes to grow and remain upon that portion of the street or alley immediately in front of or adjoining said premises between the property line and the outer edge of any adjacent street or alley. It is the intent and meaning of the section that a portion of the streets or alleys between the property line and the outer edge of the roadway, commonly known as the right-of-way, which space should only be occupied by lawns, sidewalks and shade trees, shall be maintained not to exceed a height of six inches by the owner, tenant, occupant or agent of the property immediately abutting such space. Vegetative growth commonly recognized as having an ornamental purpose shall be permitted.
Add Section 315.2 Vegetative violations. To read: Grass, weeds, or other vegetation so growing on any property in the Borough or on any public right-of-way or public utility easement adjoining or adjacent to such property is hereby declared to be a nuisance and abatable as such at law or in equity
Add: Section 316 Unlicensed vehicles. To read: Except as provided for in other regulations, no inoperative, unlicensed or uninspected motor vehicle or trailer designed to be towed by a motor vehicle shall be parked, kept or stored on any premises. No vehicle or trailer shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. Painting of vehicles or trailers is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type or trailer is permitted to undergo major overhaul, including bodywork, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
Add Section 318 Storage violations. To read: It is a violation of this code to allow the accumulation of material, debris, or rubbish, regardless of combustibility, on or around the exterior of any building, dwelling, or structure that is not specifically constructed for exterior use and which in the opinion of the code official creates an attractive nuisance.
Add: Section 318.1 Abatement. To read: After 30 calendar days past the initial notice of violation, the municipality may choose to abate the attractive nuisance and charge the responsible party the actual cost of abatement plus an additional 10% administrative fee.
The title of Table 404.5. is now: Table 404.5. Minimum Habitable Space (square feet [square meters]) applies to all properties.
Table 404.5.1 is deleted.
Table 404.5.2 is deleted.
Alter: Section 805.8 Offenses. To read: For the purpose of this suspension provision, offenses are violations of the Borough of Bellefonte Zoning Ordinance.
Section 806 Rental Housing Permit Suspension for Nuisance and Criminal Violations is modified as follows: All notations to Borough or State College Borough shall be changed to Borough of Bellefonte.
Alter: Section 806.11.1 Refuse. To read: Refers to garbage, refuse, and municipal solid waste regulations enforced by the Borough of Bellefonte Ordinance Enforcement and Zoning Officers pursuant to Chapter 482, Solid Waste, of the Borough of Bellefonte Code.
Alter: Section 806.11.2 Property maintenance (interior and exterior). To read: Refers to regulations for the maintenance of residential property as generally enforced by the Centre Region Code Administration, pursuant to this code with the exception of Chapter 9 (Fire Code).
Alter: Section 806.1.1.4 Noise. To read: Refers to the enforcement of Chapter 372, Noise, of the Borough of Bellefonte Code.
Alter: Section 806.11.5 Vegetation. To read: Refers to enforcement of grass and weeds pursuant to Section 315, Vegetative growth, of this code.
Alter: Section 806.11.9 Dogs. To read: Refers to enforcement of dog offenses pursuant to Chapter 193, Animals, of the Borough of Bellefonte Code.
Alter: Section 806.11.10 Fire Code. To read: Refers to regulations for the prevention of fires at rental properties as adopted in Chapter 9 (Fire Code) of this code.
Section 807 is deleted
[Amended 11-18-2019 by Ord. No. 11182019-01]
The provisions of this chapter shall be in full force and effect on January 1, 2020.