[HISTORY: Adopted by the City Council of
the City of Monessen 9-15-2010 by Ord. No. 12-2010; amended in its entirety 5-16-2012 by Ord. No.
2-2012.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 147.
Uniform construction codes — See Ch. 172.
Trees — See Ch. 356.
[1]
Editor’s Note: This ordinance also repealed former Ch.
289, Property Maintenance, adopted 5-16-1990 by Ord. No. 3-1990, as
amended.
[Amended 5-16-2012 by Ord. No. 2-2012]
By reference thereto, the 2012 International Property Maintenance
Code is adopted as the Property Maintenance Code of the City, whose
purpose shall be the regulation and governance of 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 for the demolition
of such existing structures as herein provided; provision for the
issuance of permits and collection of fees therefor; and each and
all of the regulations, provisions, penalties, conditions and terms
of the Property Maintenance Code on file in the office of the City
of Monessen are hereby referred to, adopted and made a part hereof,
as if fully set out in this chapter, along with subsequent triennial
versions of the International Property Maintenance Code.
The following sections of the International Property Maintenance
Code are hereby modified:
A.
Section 101.1 Title shall provide:
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101.1 Title. These regulations shall be known as
the Property Maintenance Code of the City of Monessen, hereinafter
referred to as "this Code."
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B.
Section 103 shall provide:
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SECTION 103
DEPARTMENT OF PUBLIC SAFETY/CODE
ENFORCEMENT OFFICE
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103.1 General. The Department of Public Safety/Code
Enforcement Office shall administer and enforce this Code.
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103.2 Appointment. Council shall appoint one or
more individuals to serve as Code Enforcement Officers of the City.
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C.
Section 103.5 Fees. shall provide:
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103.5 Fees. The fees for activities and services
performed by the Department of Public Safety/Code Enforcement Office
in carrying out its responsibilities under this Code shall be set
and/or modified by resolution of the Council.
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D.
Section 104.2 Rule-making Authority is deleted.
E.
Section 106.4 Violation Penalties in its present form shall be deleted
and replaced with the following:
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106.4 Frequency of Citation and Penalties.
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(1)
Upon determining that a person has violated a provision of this Code, the Code Enforcement Officer shall file a citation at the office of the Magisterial District Judge, charging the person with a summary offense. Except as provided for in Subsection (1) the Code Officer shall not file more than one citation per month on a property.
(a)
Upon conviction of a first or second continual and uncorrected
violation of the same subsection of the Property Maintenance Code
on the same property, the presiding judicial authority shall impose
a sentence of a fine not less than $100 nor more than $1,000, along
with court costs.
(b)
Upon conviction of a third and any subsequent continual and
uncorrected violation of the same subsection of the Property Maintenance
Code on the same property, the presiding judicial authority shall
impose a sentence including a fine of not less than $1,000 nor more
than $5,000, along with court costs.
(2)
If the Code Enforcement Officer believes that the Property Maintenance
Code violation upon which the filed citation is based poses a threat
to the public's health, safety or property, then, at the hearing
upon the citation, the Code Enforcement Officer shall request that
the presiding authority find specifically that the violation poses
a threat to the public's health, safety or property.
(a)
If the presiding judicial authority concludes that a violation
of the Property Maintenance Code has occurred and has found specifically
that the violation poses a threat to the public's health, safety
or property, the Code Enforcement Officer is thereafter authorized
to issue subsequent citations for such continual and uncorrected violation
of the same subsection of the Property Maintenance Code on the same
property not more often than once per five calendar days.
(b)
Upon a conviction under a provision of the Property Maintenance
Code in which the presiding judicial authority has found specifically
that the violation poses a threat to the public's health, safety
or property, the presiding judicial authority shall impose the following
penalty:
[1]
A fine of no less than $500 and no more than $1,000 for the
first two continual and uncorrected violations of the same subsection
of the Property Maintenance Code on the same property.
[2]
A fine of no less than $1,000 and no more than $10,000, or imprisonment
for a term not exceeding 90 days, or both, for the third and any subsequent
continual and uncorrected violation of the same subsection of the
Property Maintenance Code on the same property.
