[HISTORY: Adopted by the Borough Council of the Borough of Palmyra 10-22-2007 by Ord. No. 694 (Ch. X, Part 5, of the 1975 Borough Code). Amendments noted where applicable.]
A certain document, a copy of which is on file in the Borough Office of the Borough of Palmyra, being marked and designated as the "International Property Maintenance Code, 2006 Edition," as published by the International Code Council, be and hereby is adopted as the Property Maintenance Code of the Palmyra Borough in the Commonwealth 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; 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 are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 270-2 of this chapter.
The International Property Maintenance Code, 2006 Edition, is hereby amended and revised in the following respects:
Section 101.1 Title, shall be amended by inserting "Borough of Palmyra, Lebanon County, Pennsylvania."
Section 103.5, Fees, shall provide as follows:
103.5. Fees. The fees for activities and services performed by the Code Official in carrying out his responsibilities under this code shall be established by resolution or ordinance of Borough Council.
Section 104.4, Right of Entry, shall provide as follows:
104.4 Right of Entry. The Code Official shall make or cause to be made inspections to determine the conditions of all structures and premises in order to safeguard the safety, health and welfare of the public under the provisions of this code. With the permission of the owner, occupant, or operator of any structure or premises, or the person in charge thereof, the Code Official may enter any structure or premises at any reasonable time for the purpose of performing his duties under this code. In the absence of permission from the owner, occupant, or operator of any structure or premises, or the person in charge thereof, the Code Official shall enter such structure or premises only after securing and properly presenting a duly authorized administrative search warrant issued upon probable cause of same.
Section 106.1.1, Service Fee, shall provide as follows:
106.1.1 Service Fee. When a property has been declared a "public nuisance" due to refuse accumulation, insect, vermin or rodent infestation, lack of required utilities, facilities, equipment or other property maintenance violations deemed a detriment to the occupants of a property or the public at large and/or cause a blighting situation, the Code Official will notify the responsible party. In the event of a reoccurrence of the violation within a twelve-month period, the following service charges shall be as established by ordinance or resolution of Council. Repeat offender service fees shall be payable to the municipality within 15 days of receipt of invoice. Failure to pay said fee will result in the municipality instituting appropriate action against said offender to recover service and administrative fees.
Section 106.3, Prosecution of Violation, shall be amended to provide as follows:
106.3. Prosecution of Violation. If the Code Official has served a notice of violation and the notice of violation is not complied with within the time specified in such notice, or if the Code Official determines that there is insufficient time to serve a notice of violation or that such notice of violation will have no practical or beneficial effect, the Code Official shall notify Borough Council of the violation and shall request Borough Council to authorize the institution of enforcement proceedings against the violator and/or authorize the Borough Solicitor to institute the appropriate proceedings at law or in equity to restrain, correct, or abate such violation or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or any order or direction made pursuant thereto. If the Code Official or if any police officer observes a violation of Section 302 or Section 307 of this code, in addition to the foregoing, such Code Official or police officer is hereby empowered to institute summary criminal proceedings against the violator.
Section 106.4 be revised to provide and a new Section 106.4.1 shall be added, which shall provide as follows:
106.4. Penalty. Any person who shall violate a provision of this code; or who shall fail to comply with any of the requirements thereof; or who shall use, maintain or alter a lot, building or structure in violation of any approved plan or directive of the Code Official or of any order, permit or certificate issued under the provisions of this code; or who shall violate any order of the Code Official; or who shall fail to remedy or who shall negligently or improperly remedy any health hazard; or who shall fail to completely implement a plan to remedy a health hazard which has been reviewed and approved by the Code Official shall be liable, upon summary conviction therefor, to fines and penalties of: (a) not less than $100 nor more than $1,000, plus all costs of prosecution for a first offense; (b) not less than $200 nor more than $1,000, plus all costs of prosecution, for a second offense; and (c) not less than $300 nor more than $1,000 plus all costs of prosecution for a third offense or subsequent offense, which fines and penalties may be collected as provided by law. All fines and penalties collected for violation of this code shall be paid over to the Borough Treasurer. Each day that a violation continues and each section of this code which is violated shall be deemed a separate offense. This code may also be enforced by an action in equity brought in the Lebanon County Court of Common Pleas.
106.4.1. Guilty Pleas. The Code Official and police officers shall have the authority to issue a Health/Housing Code violation ticket prior to the institution of formal enforcement proceedings. The Code Official or police officers shall identify on the Health/Housing Code violation ticket all violations of any provision of this chapter, indicating, in each case, the section violated, the location where the violation took place and any other facts that might be necessary in order to secure a clear understanding of the circumstances attending the violation. The Code Official or police officer shall personally serve the Health/Housing Code violation ticket upon the occupant of the property on which the violation has occurred or, if no occupant is present, shall attach to or place upon the door of such property the Health/Housing Code violation ticket. The Health/Housing Code violation ticket shall contain instructions to the occupant of the property that if such person will, within 30 calendar days after the date of the Health/Housing Code violation ticket, report to the office of the Borough Manager and pay the sum as set forth in the fee schedule adopted from time to time by resolution of the Borough Council or if such person will place the ticket envelope with the sum as set forth in the fee schedule adopted from time to time by resolution of the Borough Council in the Palmyra Borough Health/Housing Code Fine-O-Meter box, that act will save the violator from prosecution.
Section 107.3 shall provide as follows:
107.3. Method of Service. Service of said notice shall be made upon the owner or occupant of the said premises in any of the following manners: by delivering the same to such owner or occupant personally or by delivering the same to and leaving it with any adult person in charge of said premises or by affixing the same in a conspicuous position upon said premises or by sending said notice by certified or registered mail addressed to the owner at the last known address with return receipt requested. Such procedures shall be deemed the equivalent of personal notice.
108.4.1, Placard Removal, shall provide as follows:
108.4.1 Placard Removal. A fee established by resolution or ordinance of Borough Council will be imposed upon any person requesting an inspection for the purpose of removing a condemnation placard. A condemnation placard shall be removed when the defect or defects in the property, in violation of the Property Maintenance Code, have been eliminated. The fee for inspection to remove the placard notice shall be payable in full in advance. If upon inspection the defect or defects in the property, in violation of the Property Maintenance Code remain, the placard shall not be removed. A fee established by resolution or ordinance of Borough Council will be imposed on any person requesting a subsequent inspection for the purpose of removing a condemnation placard. Any person who defaces or removes a condemnation placard without the approval of the Property Maintenance Code Official shall be subject to the penalties provided by the code.
Section 110.1, General, shall provide as follows:
110.1 General. The Code Official shall order the owner of any premises upon which is located any structure, which in the Code Official's judgement is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that is unreasonable to repair the structure, to raze and remove such structure; or if the structure is capable of being made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to raze and remove such structure; or when the property has been declared a public nuisance by the Board of Health and meets the criteria set forth for blighted properties.
Section 111, Means of Appeal, shall be deleted in its entirety. A new Section 111, Appeals, shall be inserted which shall provide as follows:
Section 202, General Definitions, shall be amended by inserting the following definitions:
Section 302.4, Weeds, shall be deleted.
Section 307, Rubbish and Garbage, shall be amended by adding new Sections 307.4, Notices of Violation, and 307.5, Enforcement, which shall provide as follows:
307.4. Notices of Violation. Borough Council, the Code Official or any officer or employee of the Borough designated for this purpose is hereby authorized to give notice, by personal service, by United States mail or by posting the property, to the owner of any premises on which there exist accumulations of rubbish or garbage remaining in violation of the provisions of this code, directing and requiring such owner to remove such accumulations of rubbish or garbage so as to conform to the requirements of this code, within five business days after the issuance of such notice. In case any person shall neglect, fail or refuse to comply with such notice, within five business days after the issuance of such notice, Borough authorities may remove such accumulations of rubbish or garbage, and the cost thereof, together with a penalty of 10% of such cost, and allowable attorneys' fees may be collected by the Borough from such person in the manner provided by law.
If Borough Council, the Code Official, the Sanitation Officer or any officer or employee of the Borough has given notice under this section in the calendar year and the owner did not comply with the notice within the required five business days, the Borough shall not be required to give additional notice to the owner before the Borough removes accumulations of rubbish or garbage on the property in that same calendar year, and the Borough may collect the cost thereof, together with a penalty of 10% of such cost, and allowable attorneys' fees from such person in the manner provided by law.
307.5. Enforcement. The Code Official, Sanitation Officer, or any police officer shall be authorized to institute summary criminal proceedings against any person who fails to comply with the requirements of this Section 307 prohibiting accumulations of rubbish or garbage and requiring proper storage and disposal of rubbish and garbage. The failure to maintain exterior premises and property and the interior of a structure free from accumulation of rubbish and garbage and/or the failure of any person to comply with the requirements of Sections 307.2 and 307.3 of this code is a violation of the provisions of this code, whether or not the Borough Council, Code Official, Sanitation Officer or other officer or employee of the Borough provides the notice set forth below. Any police officer and the Code Official or Sanitation Officer may institute summary enforcement proceedings pursuant to Section 106 of this code. Such prosecution shall not prevent the Borough from also proceeding under the provisions of Section 307.4 to abate nuisance conditions on the property.
Section 308.5, Occupant, shall provide as follows:
Section 308.5 Occupant. The occupant of any structure shall be responsible for the continued insect-, vermin- and rat-proof condition of the structure, and if the occupant fails to maintain the insect-, vermin- and rat-proof condition, the cost of extermination shall be the responsibility of the occupant.
Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
Section 505.1, General, shall provide as follows:
505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. The water service into a building that is occupied shall be usable and operating.
Section 507.1, General, shall be revised and a new Section 507.2, Continued maintenance, shall be added which shall provide as follows:
507.1 General. All roofs, paved areas or yards shall be drained into a separate storm sewer system or to a place of disposal satisfactory to the Code Official and/or the Sanitation Officer. In the case of one- and two-family dwellings, stormwater may be discharged on flat areas such as streets or lawns so long as the stormwater will flow away from the building from which it is being discharged. In no way will it be allowed to flow over any adjoining property or properties. Each building, home or homes shall have their own independent roof gutter and downspouts.
507.2 Continued Maintenance. All roof gutters and downspouts shall be kept in a good state of repair and be kept free of debris. If a roof gutter or downspout is found in a decaying, leaking or unsatisfactory condition by the Code Official or the Sanitation Officer, the owner of the property in which such condition exists will be notified in writing to correct such conditions. Should any person served by such notice fail or refuse to comply with the order contained therein within the time specified, the Code Official or Sanitation Officer shall institute proceedings to force compliance with such order.
Section 602.3, Heat Supply, shall provide as follows:
602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units, dormitory or guest rooms on terms, either expressed or implied, to furnish heat to the occupant thereof shall supply sufficient heat to maintain the room temperature specified in Section 602.
Section 602.4, Occupiable Work Spaces, shall provide as follows:
602.4 Occupiable Work Spaces. Every enclosed occupied work space shall be supplied with sufficient heat to maintain a temperature of not less than 65° F. (18° C.) during all working hours.
Exception 1: Processing, storage and operation areas that require cooling or special temperature conditions.
Exception 2: Areas in which persons are primarily engaged in vigorous physical activities.
Section 702.4.1, Emergency Basement Escape, shall provide as follows:
702.4.1 Emergency Basement Escape. Every sleeping room located in a basement in an occupancy in Use Group I-1 or R (as established in the Uniform Construction Code) shall have at least one operable window or exterior door approved for emergency egress or rescue, or shall have access to not fewer than two approved independent exits.
Section 704.3, Power Source, shall provide as follows:
704.3 Power Source. In Use Group R occupancies (as established in the Uniform Construction Code) and in dwellings not regulated as Use Group R occupancies, single-station smoke alarms shall receive their primary power from the building wiring, provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.
Section 704.4, Interconnection, shall provide as follows:
704.4 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in Use Group R-2, R-3, R-4 (as established in the Uniform Construction Code) and in dwellings not regulated as Use Group R occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
Exception: Interconnection is not required in buildings which are not undergoing alterations, repairs, or construction of any kind.