[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.
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.
Any private lot or area within the Borough limits, whether
it be improved, unimproved, vacant, occupied or unoccupied.
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.
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.[1]
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.
A.
Removal of decomposing matter such as dead animals or organic wastes
of any kind: 24 hours.
B.
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.
C.
Removal or cutting of weeds and/or other prohibited vegetation: 48
hours.
D.
Removal of any litter or debris located on any lot or premises: 48
hours.
E.
Removal of obstructions, waste or refuse from streets, sidewalks,
boulevards, alleys, public ways, public parks or private ways and
private places: 48 hours.
F.
Cleaning pens for animals or removing or reconstructing the same
in order that they may conform to the applicable ordinance: 15 days.
G.
Removing from the Borough any animals prohibited by ordinance from
being kept therein: 48 hours.
H.
Grading of any premises to facilitate the cutting or removal of weeds
or prohibited vegetation: 15 days.
I.
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[1] (Ch. 77 of the 1972 Code)]
[1]
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.
A.
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.[1]
B.
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:
A.
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.[2]
B.
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."
C.
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."
D.
Section 106.2 (Notice of Violation) shall be replaced with § 304-16 of the Lansdale Borough Code.
E.
The dates to be inserted in the first line of Section 304.14 (Insect
Screens), page 10, shall be "April 1" and "December 1."
F.
The dates to be inserted in the fifth line of Section 602.3 (Heat
Supply), page 17, shall be "October 1" and "May 15."
G.
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."
H.
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."
I.
That Chapter 3, Section 305, Interior Structure, shall be added to by including the following:
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Subsection 305.7: Where bedding and bed linen or
towels are supplied, the owner or operator shall maintain the bedding
in a clean and sanitary manner, and shall furnish clean bed linen
and towels at least once a week as well as prior to the letting of
any room.
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J.
K.
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).
M.
Subsection 304.11 (Chimneys and Towers) shall be amended to include
roof- or tower-mounted water tanks.
N.
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."
O.
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."
P.
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."
Q.
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."
R.
Section 702 (Means of Egress), shall be added as follows:
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Subsection 703.1 (Number of Exits). Notwithstanding
any provision contained herein to the contrary, in nonresidential
structures every story used for human occupancy more than two stories
above grade or in excess of 3,500 square feet shall be provided with
not less than two independent exits. Every story used for human occupancy
below grade greater than 1,000 square feet shall provide not less
than two independent exits.
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S.
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; 10-18-2023 by Ord. No. 2023-1969]
A.
All owners of single-family detached dwellings, two-family buildings,
single-family semidetached dwellings, two-family detached dwellings,
single-family attached dwellings, townhouses, multifamily dwellings,
and apartment houses (hereinafter "residential rental dwellings")
intending to rent their rental dwelling or a portion of their rental
dwelling in the Borough of Lansdale shall make application to Code
Enforcement of the Borough of Lansdale for licensing on an annual
basis. Forms shall be available for inspection at the Borough of Lansdale.
B.
At the time of application, the owner making application shall provide
to Code Enforcement the following:
(1)
A list of current or proposed tenants for the calendar year. That
tenant list shall include the full legal name of all occupants of
the dwelling, including those under the age of 18, any known aliases,
and address. If a tenant vacates the owner's property and is
replaced by a new tenant, the owner is obligated to notify Lansdale
Borough in writing within 60 days and provide the information required
in the aforesaid tenant list about the new tenant(s) to Lansdale Code
Enforcement; and
(2)
A certification subject to the provisions of 18 Pa.C.S.A. § 4904
that states that the owner is aware of and intends to comply with
the applicable Property Maintenance Code, Fire Code,[1] Uniform Construction Code,[2] and all other Lansdale Borough ordinances relating to
the use, occupancy, and maintenance of the property such as the Lansdale
Zoning Code;[3] and
(3)
The complete contact information for the responsible manager of the
rental property, which may be the owner, and which contact information
must be updated in writing with Lansdale Borough any time there is
a change.
C.
Beginning in 2024, and continuing each year thereafter, applications
for rental licenses shall be completed and returned to the Borough
by no later than November 15 of each year. At the time of the application,
each owner needing a license to operate a residential rental dwelling
shall pay a rental license fee on an annual basis as set by resolution
of the Borough Council. Notwithstanding any other provisions in this
chapter to the contrary, if a person to whom the provisions of this
chapter apply fails to obtain a rental license, the Borough may impose
a late fee penalty, which penalty shall also be established by resolution
of Borough Council. The Borough shall not impose a late fee penalty
for failure to comply with the provisions of this chapter until after
December 31 of the applicable year.
D.
At the time of application, if the owner has had his license suspended
or revoked in the previous 365 days, the Code Enforcement Officer
reserves the right to deny issuance of the rental license for the
following year, which denial may be appealed to the Borough Manager.
E.
Upon the application of the owner for a rental license or renewal
thereof, Code Enforcement may conduct an inspection of the property
to determine and ensure that the residential rental dwelling and each
unit contained therein is not a public nuisance or substandard and
meets all applicable zoning, health, safety, and building requirements
of Lansdale Borough as well as general applicable law. All inspections
shall conform to the protections guaranteed property owner(s) and/or
individuals in the Constitution(s) of the United States and the Commonwealth
of Pennsylvania.
[Amended 12-20-2006 by Ord. No. 1750]
A.
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:
(1)
A statement of the determined violation and the action or actions
necessary for compliance.
(2)
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.
B.
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.[1]
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.
