[HISTORY: Adopted by the Council of the Borough of Lansdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-6-1964 by Ord. No. 876 (Ch. 87 of the 1972 Code)]
For the purposes of this article, the following terms, phrases and words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future. Words in the plural number include the singular number, and words used in the singular number include the plural. The word "shall" is always mandatory and not directory.
- EXCESSIVE VEGETATION
- Any grass, weeds, bushes, brush, saplings or similar vegetation exceeding six inches in height, except such as are planted for useful or ornamental purposes.
- An individual, firm, partnership, association, corporation, company or any organization of any kind, and when used in connection with "private premises" or used in this article shall mean the owner, agent in charge, tenant or occupier thereof, excepting tenants occupying multiple-family dwellings upon said private premises.
- PRIVATE PREMISES
- Any private lot or area within the Borough limits, whether it be improved, unimproved, vacant, occupied or unoccupied.
- PUBLIC PLACES
- Any and all streets, sidewalks, boulevards, alleys or other public ways with parks, squares or grounds upon them for the common or general use and enjoyment of the community at large.
- TRASH, RUBBISH AND THE LIKE
- Any trash, debris, packing boxes, cardboard, wood, metal, nails, glass, trash or rubbish of any kind.
No person shall permit excessive vegetation to grow, be or remain upon private premises and/or the public thoroughfare adjacent to private premises. All excessive vegetation is herewith declared to be a nuisance and detrimental to the health, safety and welfare of the inhabitants of the Borough of Lansdale. All persons as defined hereinabove are required to cut, remove, destroy or cause to be cut, removed or destroyed all excessive vegetation as defined herein.
[Amended 7-10-1975 by Ord. No. 1099; 7-21-1999 by Ord. No. 1646]
All persons are required to cut, cause to be cut or remove grass, weeds and other excessive vegetation on lots or premises within the Borough of Lansdale one time between April 15 and April 30 of each year, one time between May 15 and May 30 each year, one time between June 15 and June 30 of each year, one time between August 15 and August 30 of each year, and one time between September 15 and September 30 of each year, and at more frequent intervals if the Building Inspector or such other person as designated by the Borough Council of the Borough of Lansdale in his reasonable discretion believes that the growth of such excessive vegetation warrants its removal. Notification of the proper officer is to be given to each property owner in violation in accordance with this article.
All private premises or portions thereof and any thoroughfare abutting private premises in the Borough of Lansdale shall be so graded as to permit and facilitate the cutting and removal of any excessive vegetation.
No person shall cause or permit any excessive vegetation, wood, barrels, boxes, trash, rubbish, cardboard, paper or any other types of refuse, trash, glass or metal to grow or remain except for purposes of immediate loading, removing or storing on any public or private place. Such trash, rubbish and obstructions are herewith declared to be a nuisance and detrimental to the health, safety and welfare of the inhabitants of the Borough of Lansdale.
No person shall throw, place or cause to be placed or piped any water, liquids, refuse or any other waste or trash and the like on any public or private place within the Borough of Lansdale, and such waste is hereby declared to be a nuisance and detrimental to the health, safety and welfare of the inhabitants of the Borough. There is excluded from this provision storm- or rainwater that naturally appears upon and flows across the property in question. This may continue to flow in its normal course into the gutters of the Borough streets. The pumping of water from excavations into the public places or streets of the Borough is prohibited herewith. The pumping of water from cellars so as to create a hazardous condition to the traveling public is herewith prohibited.
The Borough shall advertise notification to all property owners concerning the removal and mowing of excessive vegetation in accordance with this article, which shall be deemed to be due notice to all property owners in violation. The Borough Building Inspector or such other Borough officer designated by the Borough Council of the Borough of Lansdale is authorized and empowered to notify any person violating any of the provisions of this article to correct and remedy the violation within the time limit set forth hereinafter. Such notice shall be by certified mail addressed to said person at his last known address, or may be by personal service at the residence or place of business of the property owner or may be posted on the property.
In the event that the property owner or person duly notified in accordance with this article fails or refuses to remedy the violation of this article within the time specified, then, in that event, the nuisance may be removed by and under the direction of, and as frequently as, in such manner and with such tools, equipment and/or materials deemed necessary by, the proper officers of the Borough of Lansdale as are designated by the Borough Council of the Borough of Lansdale. The cost thereof, together with any penalties provided by law plus the overhead of the Borough of Lansdale, shall be collected from the owner of the premises and/or person against whom the order and notice was issued. Such charges shall be in addition to any penalty provided by law and shall be recovered by the filing of municipal liens or by an action in assumpsit or by any other manner provided by law.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
The provisions of this article are deemed retroactive and applicable to ordinances in effect prior to the date of this article.
Whenever any person shall have been ordered by the proper officer or agency of the Borough of Lansdale or by the Borough Council or any committee or agent thereof to remove any nuisances or to remove any condition which violates this article or any other ordinance of the Borough of Lansdale upon property owned or occupied by such person as defined herein, such removal or remedy shall be completely effective within the following time limits after the date of receipt of said notice.
Removal of decomposing matter such as dead animals or organic wastes of any kind: 24 hours.
Cleaning and/or repairing or reconstructing cesspools or septic tanks of which the contents are overflowing or within 12 inches from the surface of the ground; seven days.
Removal or cutting of weeds and/or other prohibited vegetation: 48 hours.
Removal of any litter or debris located on any lot or premises: 48 hours.
Removal of obstructions, waste or refuse from streets, sidewalks, boulevards, alleys, public ways, public parks or private ways and private places: 48 hours.
Cleaning pens for animals or removing or reconstructing the same in order that they may conform to the applicable ordinance: 15 days.
Removing from the Borough any animals prohibited by ordinance from being kept therein: 48 hours.
Grading of any premises to facilitate the cutting or removal of weeds or prohibited vegetation: 15 days.
Removal of any nuisance or remedy of any objectionable or unlawful conditions in accordance with this article: three days.
[Adopted 12-5-2003 by Ord. No. 1707 (Ch. 77 of the 1972 Code)]
Editor's Note: This ordinance also repealed former Ch. 77, Housing Standards, adopted 5-18-1994 by Ord. No. 1521; last amended 6-16-1999 by Ord. No. 1642.
There is hereby adopted in its entirety by the Borough Council of the Borough of Lansdale, copies of which are on file in the office of the Borough, that certain housing code known as the "International Property Maintenance Code, 2015 Edition," except as otherwise set forth in this article.
The Borough Council of the Borough of Lansdale also declares that any subsequent amendment, revision, supplement or update of said Code, as may be issued and published, shall also become a part of said Property Maintenance Code and shall become effective in the Borough of Lansdale upon the introduction and ratification of a resolution by the Borough Council of the Borough of Lansdale approving said amendment, revision, supplement or update.
The following sections of the International Property Maintenance Code, 2015 Edition, adopted herein, are hereby amended to read as follows:
Section 111 and all subsequent sections or later editions which incorporate the same section are hereby deleted. The means of appeal and all procedures with respect thereto shall be the same as those contained in the Uniform Construction Code.
The name of jurisdiction to be inserted in the second line of Section 101.1 on page one of the Code is the "Borough of Lansdale."
The fee schedule to be inserted in Section 103.5 on page two of the Code is "Fees shall be paid in accordance with the then current fee schedule as last adopted by the Borough."
Section 106.2 (Notice of Violation) shall be replaced with § 304-16 of the Lansdale Borough Code.
The dates to be inserted in the first line of Section 304.14 (Insect Screens), page 10, shall be "April 1" and "December 1."
The dates to be inserted in the fifth line of Section 602.3 (Heat Supply), page 17, shall be "October 1" and "May 15."
The dates to be inserted in the third line of Section 602.4 (Occupiable Work Spaces), page 17, shall be "October 1" and "May 15."
The provisions of Subsection 603.1 (Mechanical Appliances) shall be added to as follows: "Minimum cooking equipment shall be a standard apartment-size range so constructed and installed that it will function safely and effectively. Any such cooking equipment shall be maintained in good working order. Portable types of cooking equipment, such as hot plates, shall not satisfy the requirements of this paragraph."
The provisions of Subsection 104.1 (General), shall be replaced with the definition of "officer" as outlined in § 304-14 of this article.
Subsection 302.4 (Weeds) and all subsequent sections or later editions which incorporate the same section shall hereby be deleted. (For weed control, see Article I, Nuisances, of this chapter).
Subsection 304.11 (Chimneys and Towers) shall be amended to include roof- or tower-mounted water tanks.
Subsection 305.3 (Interior Surfaces) shall be added to as follows: "Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition."
Subsection 404.4.3 (Water Closet Accessibility) shall be added to as follows: "No water closet or bathroom shall be permitted to open directly into a kitchen or other food preparation area."
Subsection 404.4.4 (Prohibited Occupancy) shall be amended to read as follows: "Prohibited Uses. Kitchens, nonhabitable spaces, cellars, and public areas shall not be used for sleeping purposes."
Subsection 502.2 (Rooming Houses) shall be added to as follows: "Rooming houses providing occupancy for both male and female tenants shall provide separate bath and toilet facilities for each sex."
Section 702 (Means of Egress), shall be added as follows:
Any provision of the Code referenced herein which grants to a Borough official or Borough employee any property right in such official position or employment or any provision which sets forth that such official or employee may be dismissed only for a cause and/or only after notice and/or opportunity to be heard, is hereby deleted from this article.
[Amended 12-20-2006 by Ord. No. 1750]
The administration and enforcement of this article and of the International Property Maintenance Code herein adopted shall be carried out by the Office of Code Enforcement of the Borough of Lansdale or Code Enforcement Officer or his agent in accordance with the procedures established in Chapter 30, Code Enforcement, of the Lansdale Borough Code and the International Property Maintenance Code herein adopted.
[Amended 12-20-2006 by Ord. No. 1750]
On or before the first day of January each year every owner or operator shall register any and all rooming and/or dwelling units owned or operated by such owner or operator. Forms for such registration shall be provided by the Code Enforcement Officer of the Borough of Lansdale. If the Code Enforcement Officer or his agent thereafter determines that a rooming or dwelling unit conforms to the terms and provisions of this article, he shall issue a license so stating to be displayed prominently within the unit. Such license shall be valid and operative until December 31 of the year for which it is issued but may be revoked immediately by the Code Enforcement Officer or his agent in the event that the Officer determines that any term or provision of this article is or has been violated.
A fee for inspection, license, renewal of license or for requested certification of a residential structure shall be paid in accordance with resolution of Borough Council as last adopted.
It shall be a violation of this article for any person to own or operate a rooming or dwelling unit in the Borough of Lansdale without a valid license.
Notwithstanding anything contained in this section to the contrary, in no event shall registration and licensing requirements pertain to single-family dwellings.
[Amended 12-20-2006 by Ord. No. 1750]
Whenever the Code Enforcement Officer determines that there is or has been a violation of any provision of this article, or of other applicable codes or ordinances, or of any rules or regulations adopted pursuant thereto, he shall give notice to the owner, operator, occupant, or other responsible person, as the case may be, of such determined violation. Said notice shall be in writing, signed by the Code Enforcement Officer or his agent, and shall include the following:
A statement of the determined violation and the action or actions necessary for compliance.
A reasonable period of time, as determined by the Code Enforcement Officer or his agent, but not less than 10 days' notice, for correction of the determined violation or violations, unless, in the opinion of the Code Enforcement Officer, an emergency condition exists or the violation or violations constitute an immediate threat to the health, safety, or welfare of any individual or individuals.
Any person who fails to correct a violation or take a remedial action as ordered by the Code Enforcement Officer or his agent with any requirement of this article or of any of the other applicable codes and ordinances shall be liable, upon conviction, to pay a fine of not more than $1,000 plus costs of prosecution, and in default of payment of such fine and costs, to imprisonment not exceeding 30 days, for each and every day the violation exists, which shall be determined to be a separate violation, at the discretion of the Magisterial District Judge or the Court of Common Pleas of Montgomery County.
Any prosecution for violation of this article shall be brought in the name of Lansdale Borough before the Magisterial District Judge, and all fines and penalties shall be paid to the Secretary or Treasurer of Lansdale Borough and applied to the general funds of Lansdale Borough to pay operating costs.
The remedies as set forth herein shall not be exclusive, and the Borough of Lansdale shall have the right to avail itself of any other remedy at law or equity which it may deem to be appropriate.