[HISTORY: Adopted by the Borough of Hanover 10-28-2020 by Ord. No. 2304.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 265, Property Maintenance, adopted 12-26-2012 by Ord. No. 2191.
A certain document, three copies of which are on file in the office of the Borough of Hanover, being marked and designated as the International Property Maintenance Code, 2015 edition, as published by the International Code Council (the "code"), be and is hereby adopted as the Property Maintenance Code of Borough of Hanover, Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures and 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 for the condemnation of buildings and structures unfit for human occupancy and use, and for the demolition of such existing structures as herein provided; and 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 office of the Borough of Hanover are hereby referred to, adopted and made a part hereof, as if fully set out in this legislations, with the additions, insertions, deletions and changes, if any, prescribed in § 265-2 of this chapter.
The following sections are hereby revised (those sections or portions thereof not revised hereby shall remain as originally stated in the code):
A. 
Section 101.1 Title. These regulations shall be known as the International Property Maintenance Coe of the Borough of Hanover, hereinunder referred to as "this code."
B. 
Section 103.5 Fees. The fees for activities and services performed by the Department in carrying out its responsibilities under this code shall be as set forth in a resolution adopted by the Borough Council, with such fees to be modified from time to time by a resolution of the Borough Council.
C. 
Section 106.3 Prosecution of violation. Substitute for first sentence: Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a summary offense and prosecution for every such offense shall be according to the practice in the case of summary convictions. Any such violation shall be deemed a strict liability offense.
D. 
Section 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall, upon conviction, be liable to pay a fine not to exceed $1,000 plus court costs, or, in default thereof, to be sentenced and committed to the county jail for a period not exceeding 30 days. Any such person shall also be subject to all penalties as set forth in the Borough Code (8 Pa.C.S.A. §§ 101 to 3501) or as otherwise provided by law. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
E. 
Section 112.4 Failure to comply. 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, upon conviction, be liable to pay a fine not to exceed $1,000, plus court costs, or, in default thereof, to be sentenced and committed to the county jail for a period not exceeding 30 days.
F. 
Section 302.4 Weeds. Insert: six inches.
G. 
Section 304.14 Insect screens. Insert: from April 1 to November 30.
H. 
Section 602.3 Heat supply. Insert: from October 1 to April 30.
I. 
Section 602.4 Occupiable work spaces. Insert: October 1 to April 30.
Ordinance No. 2191 of the Borough of Hanover and all other ordinances or parts of laws in conflict herewith are hereby repealed to the extent of the conflict.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Borough of Hanover hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof, irrespective of that fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 265-3 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
The Code of Ordinances of the Borough of Hanover, York County, Pennsylvania, as amended, shall be and remain unchanged and in full force and effect except as amended, supplemented and modified by this chapter. This chapter shall become a part of Chapter 265 of Code of Ordinances of the Borough of Hanover, York County, Pennsylvania, as amended, upon enactment.
This chapter shall take effect and be in full force and effect in accordance with Section 3301.3(b) of the Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 3301.3(b).