[HISTORY: Adopted by the Board of Commissioners of Upper
Moreland Township as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 88.
Numbering of buildings — See Ch. 95.
Code enforcement — See Ch. 108.
Construction standards — See Ch. 115.
Contractors — See Ch. 119.
Dust control — See Ch. 125.
Fire prevention — See Ch. 153.
Fumigation — See Ch. 165.
Graffiti — See Ch. 177.
Junkyards — See Ch. 190.
Littering — See Ch. 203.
Nuisances — See Ch. 223.
Portable storage units, dumpsters and construction trailers — See Ch. 240.
Solid waste — See Ch. 279.
Maintenance of streets and sidewalks — See Ch. 290.
Abandoned vehicles — See Ch. 325.
[Adopted 11-13-2018 by Ord. No. 1687[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. I, Adoption of Standards, adopted 4-5-2010 by Ord.
No. 1588.
A certain document, three copies of which are on file in the offices of Upper Moreland Township, 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 Upper Moreland Township, Montgomery County, 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 offices of Upper Moreland Township 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, if any, prescribed in § 243-2 of this chapter.
[Amended 6-3-2019 by Ord.
No. 1701]
A.
Section 101.1, Title, is amended to insert "Township of Upper Moreland"
for the name of the jurisdiction.
B.
Section 103, Department of Property Maintenance Inspection, shall
be amended to replace the term "Department of Property Maintenance
Inspections" wherever it appears with the term "Department of Code
Enforcement."
C.
Section 103.5, Fees, is amended to state as follows:
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103.5 Fee Schedule. The fees for permits for all required under this code shall be as set forth in the fee schedule established in Chapter 140, Fees, Rates and Permits, of the Code of Ordinances of Upper Moreland Township.
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103.5.1 Fee Refunds. The code official shall be
authorized to refund fees upon the written request of the applicant,
made not later than 30 days after the issuance of the permit, as follows:
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1.
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The full amount of any fee paid hereunder which was erroneously
collected for work not requiring a permit or plan review.
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2.
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The full amount, less a handling charge of 25% of the amount
of the permit fee, but not less than $10, when no work is done under
a permit which the applicant wishes to have withdrawn after issuance.
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D.
Section 106.4, Violation penalties, shall be amended to state as
follows:
106.4 Violation penalties. Any person who shall
violate any provision of this code, or who shall fail to comply with
any of the requirements hereof, or who shall fail to correct in the
time provided by this code the defects for which the dwelling or dwellings
have been cited, shall be guilty of a summary offense, which shall
be deemed to be a strict liability offense and shall, upon summary
conviction before a Magisterial District Judge, pay a penalty of not
less than $100 nor more than $1,000 and, in default of payment of
such fine, be imprisoned for not less than one day or more than 30
days. Each day that a violation continues or that a person shall fail
to comply with any provision, after notification by the Department
of Code Enforcement, shall constitute a separate violation, subject
to a separate offense punishable by a like fine or penalty.
E.
Section 111, Means of appeal, shall be amended as follows:
(1)
Section 111.2, Membership of the Board, shall be amended to state
as follows:
111.2 Membership of the Board. The Board of Appeals
shall consist of such persons as the Board of Commissioners of the
Township shall designate to hear the appeal.
(2)
Sections 111.2.1 through 111.2.4 are hereby deleted.
(3)
Section 111.6, Board decision, shall be amended to state as follows:
111.6 Board decision. The Board of Appeals shall
render its decision by a majority vote of a quorum of the Board.
(4)
Section 111.7, Court review, shall be amended to state as follows:
111.7 Court review. Any person aggrieved by the
decision of the Board of Appeals shall have the right to appeal such
decision in compliance with the provisions of the Local Agency Law,
2 Pa.C.S.A. § 101 et seq.
F.
Section 112.4, Failure to comply, is amended to insert "100" and
"1,000" for the minimum and maximum fine dollar amounts, to state
in full:
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Any person who shall continue any work 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 condition, shall be liable
to a fine of not less than $100 nor more than $1,000.
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G.
Section 302.4, Weeds, is amended to insert "12 inches" for the weed
or plant growth height limitation to be maintained on premises and
exterior property, to state in full:
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Premises and exterior property shall be maintained free from
weeds or plant growth in excess of 12 inches. Noxious weeds shall
be prohibited. "Weeds" shall be defined as all grasses, annual plants
and vegetation, other than trees or shrubs; provided, however, this
term shall not include cultivated flowers and gardens.
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Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, they
shall be subject to prosecution in accordance with Section 106.3 and
as prescribed by the authority having jurisdiction. Upon failure to
comply with the notice of violation, any duly authorized employee
of the jurisdiction or contractor hired by the jurisdiction shall
be authorized to enter upon the property in violation and cut and
destroy the weeds growing thereon, and the costs of such removal shall
be paid by the owner or agent responsible for the property.
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H.
Section 304.14, Insect screens, is amended to insert "April 1" and
"October 30" for the dates contained in the time period during which
screens are required, to state in full:
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During the period from April 1 to October 30, every door, window
and other outside opening required for ventilation of habitable rooms,
food preparation areas, food service areas or any areas where products
to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved tightly
fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and
every screen door used for insect control shall have a self-closing
device in good working condition.
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Exception: Screens shall not be required where
other approved means, such as air curtains or insect-repellent fans,
are employed.
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I.
Section 602.3, Heat supply, is amended to insert "October 15" and
"April 15" for the dates contained in the time period during which
heat is required, to state in full:
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Every owner and operator of any building who rents, leases or
lets one or more dwelling units or sleeping units on terms, either
expressed or implied, to furnish heat to the occupants thereof shall
supply heat during the period from October 15 to April 15 to maintain
a minimum temperature of 68° F. (20° C.) in all habitable
rooms, bathrooms and toilet rooms.
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Exceptions:
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1.
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When the outdoor temperature is below the winter outdoor design
temperature for the locality, maintenance of the minimum room temperature
shall not be required, provided that the heating system is operating
at its full design capacity. The winter outdoor design temperature
for the locality shall be as indicated in Appendix D of the International
Plumbing Code.
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2.
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In areas where the average monthly temperature is above 30°
F. (-1° C.), a minimum temperature of 65° F. (18° C.)
shall be maintained.
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J.
Section 602.4, Occupiable work spaces, is amended to insert "October
15" and "April 15" for the dates contained in the time period during
which heat is required, to state in full:
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Indoor occupiable work spaces shall be supplied with heat during
the period from October 15 to April 15 to maintain a minimum temperature
of 65° F. (18° C.) during the period the spaces are occupied.
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Exceptions:
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1.
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Processing, storage and operation areas that require cooling
or special temperature conditions.
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2.
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Areas in which persons are primarily engaged in vigorous physical
activities.
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