[Adopted 2-2-2012 by Ord. No. 541]
A certain document, three copies of which are on file in the office of the Secretary of the Borough of Kenhorst, being marked and designated as the International Property Maintenance Code, 2012 Edition, as published by the International Code Council, and versions of such codes as amended from time to time, be and is hereby adopted as the Property Maintenance Code of the Borough of Kenhorst, Berks County, 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 such existing structures as herein provided, and the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Kenhorst are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 341-13 herein.
The following sections are hereby revised:
A.
In Section 101.1, insert "Borough of Kenhorst, Berks County, Pennsylvania."
C.
Section 106.1 is amended to read as follows:
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106.1 Unlawful acts. It shall be unlawful for a
person, firm or corporation to be in conflict with or in violation
of any provision of this code.
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D.
Section 106.3 is amended to read as follows:
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106.3 Prosecution of violation. Any person failing
to comply with a notice of violation or order served in accordance
with Section 107 shall be deemed guilty of a misdemeanor or civil
infraction as determined by the local municipality, and the violation
shall be deemed a strict liability offense. If the notice of violation
is not complied with, the Code Enforcement Officer shall institute
the appropriate proceedings at law or in equity to restrain, correct
or abate such violations, or to require the removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto. Any
action taken by the authority having jurisdiction on such premises
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
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E.
Section 106.4 is amended to read as follows:[2]
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106.4 Violation penalties. Any person or persons violating any of the provisions of this article shall be punishable as provided in Chapter 1, Article I, Enforcement; General Penalty, of this Code. Each day or portion thereof during which such violation shall continue shall be deemed a separate offense and shall be punishable as such.
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F.
Section 106.5 is amended to read as follows:
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106.5 Abatement of violation. The imposition of
the penalties herein prescribed neither shall not preclude the legal
officer of the jurisdiction from instituting appropriate action to
restrain, correct or abate a violation, or to prevent illegal occupancy
of a building, structure or premises, or to stop an illegal act, conduct,
business or utilization of the building, structure or premises.
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Nothing in this article or in the International 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, nor shall any just or legal right or
remedy of any character be lost, impaired or affected by this article.
