[Adopted 12-17-2013 by Ord. No. 2013-14]
[Amended 9-27-2016 by Ord. No. 2016-11; 7-23-2019 by Ord. No. 2019-13]
The International Property Maintenance Code, 2015 Edition (the "IPMC"), is hereby adopted as the Property Maintenance Code of Millcreek Township, subject to the following amendments and revisions, as set forth in Appendix 2 to this article which is hereby incorporated in and made a part of this Part 5 as if set forth verbatim in this Section.
A.
Section 103 of the IPMC shall not apply, said section to provide
as follows:
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103.1 General. The Board of Supervisors shall have
authority to determine whether to employ or retain an entity or one
or more persons to administer and enforce the regulations of this
code. The entity retained or the person in charge of the office or
department shall be known as the code official.
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103.2 Appointment. The code official shall be appointed
by the Board of Supervisors or be that retained entity or person in
charge of a retained entity as approved by the Board of Supervisors.
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103.3 Deputies. In accordance with the prescribed
procedures of the Township, the Board of Supervisors shall employ
one or more deputies if this code is enforced by a department of the
Township or, if the Township retains an entity to enforce this code,
said entity shall appoint such deputy(ies) as are deemed appropriate.
Deputies shall have such powers as are delegated by the code official.
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103.4 Liability. The code official, member of the
Board of Appeals and other persons employed or retained to enforce
this code, while acting for Millcreek Township in good faith and without
malice or recklessness in the discharge of the duties required by
this code or other pertinent law or ordinance, shall not thereby be
rendered liable personally, and is hereby relieved from all personal
liability for any damage accruing to persons or property as a result
of an act or by reason of an act or omission in the discharge of official
duties.
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103.5 Fees. The fees for activities and services
performed by persons and or entities in carrying out responsibilities
under this code shall be as set forth on such schedule as may be adopted
by the Board of Supervisors and amended from time to time.
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B.
Section 104.3 (Right of Entry) is amended to add as a final sentence
thereof the following: "Such recourse shall be pursued only with authorization
by the Board of Supervisors and then only in cases posing a serious
threat to fire or other safety or issues relating to number of residents
in a dwelling."
C.
Section 106.3 (Prosecution of violation) is amended to read as follows:
[Amended 1-3-2017 by Ord.
No. 2017-1]
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106.3 Prosecution of violation. Any person violating
any provision of the Code or failing to comply with a notice of violation
or order served in accordance with Section 1.07 shall be deemed guilty
of a summary criminal offense as determined by Section 1601(c.1)(2)
of the Second Class Township Code,[1] and the violation shall be deemed a strict liability offense.
If a notice of violation is not complied with, the code official shall
institute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation, or to require the removal or termination
of an 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 Township on such premises and after notice shall
be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate. The code official may seek
the imposition of fines even if the violator complies with the notice
of violation.
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[1]
Editor’s Note: See 53 P.S. § 65101 et seq. and
53 P.S. § 55101 et seq.
D.
Section 106.4 (Violation penalties) is amended to read as follows:
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106.4 Penalties for violation. A fine in an amount
not less than $250 and not more than $1,000 shall be imposed upon
any person found by a Magisterial District Judge having jurisdiction
to have violated any provision of this code. The fine for a third
or greater violation shall be in an amount not less than $500 and
not more than $1,000.
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E.
Section 106.5 (Abatement of violation) is amended to read as follows:
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106.5 Abatement of violation. The imposition of
fines for violation shall not preclude the Township 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 a building,
structure or premises. See Section 106.3 RE: charges for costs incurred
in abating a violation.
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F.
A new section, numbered 106.6 and entitled "Definition of violations,"
shall be added, providing as follows:
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106.6 Definition of violations. Each violation
shall constitute a separate violation and be subject to a separate
penalty. Each day a violation occurs and/or continues shall constitute
a separate violation.
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G.
Section 107.3 is amended to add a fourth subsection, providing as
follows:
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107.3 Method of service. Such notice shall be deemed
to be properly served if a copy thereof is:
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1.
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Delivered personally;
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2.
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Sent by certified mail, return receipt requested, to the last
known address;
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3.
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If the notice is returned showing that the letter was not delivered,
a copy of the notice shall be posted in a conspicuous place in or
about the structure affected by such notice and notice shall be sent
to the last known address by U.S. first class mail; or
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4.
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If the property owner or an encumbrance holder cannot be found,
a notice or order shall be served by posting a copy thereof on the
main entrance of the building and published one time in two separate
publications authorized to provide service by publication.
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H.
Section 111.2 is amended to add two final sentences, to provide as
follows:
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111.2. Membership of board. The Board of Appeals
shall consist of a minimum of three members who are qualified by experience
and training to pass on matters pertaining to property maintenance
and who are not employees of the jurisdiction. The Board of Supervisors
shall have sole authority to appoint persons to membership on the
Board. The Board of Supervisors shall have authority, in its discretion,
to appoint two or more panels of said board, each of which shall have
a minimum of three members, if deemed necessary or appropriate to
accommodate the volume, complexity or timing of appeals.
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I.
Section 111.2.5 is amended to provide that compensation of members
shall be as determined by resolution of the Board of Supervisors.
J.
Section 111.3 is amended to provide that the Board or a designated
panel of the Board shall meet upon notice by the chair.
K.
Section 111.4 is amended to provide that a quorum shall consist of
a minimum of two-thirds of the Board's or panel's membership.
L.
Section 111.5 is amended to provide that a request for postponement
may be made when a quorum of the Board or, if applicable, the designated
panel of the Board is not present to hear an appeal.
M.
Section 111.6 is amended to note that said provisions apply to the
Board or a designated panel of the Board.
N.
Section 111.6.1 is amended to provide that decisions shall be in
writing.
O.
Section 112.4 (Failure to comply) is amended to provide that the
minimum fine for failure to comply with a stop-work order shall be
$750 and that the maximum fine therefor shall be not more than $1,000.
P.
Section 111.7 is deleted and shall be replaced by Section 111.8.
Q.
Section 201.3 is hereby amended to provide as follows:
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201.3 Terms defined in other codes and ordinances. Where terms are not defined in this code and are defined in any International
Code comprising the adopted Pennsylvania Construction Code or in applicable
ordinances of the Township, including but not limited to the Zoning
Ordinance, the Nuisance Ordinance, the Subdivision and Land Development
Ordinance and the Municipal Waste and Recycling Ordinance, such terms
shall have the meanings ascribed to them as stated in such codes or
ordinances.
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R.
Chapter 2 is amended by adding a new Section 201.6, to be entitled
"Conflict with other ordinances," and providing as follows:
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201.6 Conflict with other ordinances. Where a term
is defined in the Code and also in a Township ordinance and there
is conflict between them, the definition in the Township ordinance
shall control. Examples include but are not limited to "inoperable
motor vehicle" (see "nonoperating vehicle" in Zoning Ordinance).
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S.
Section 202 (Definitions) is amended so as to provide the following
definitions:
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INOPERABLE MOTOR VEHICLE. Shall mean a vehicle
which does not have the current registration plate or the current
valid inspection sticker.
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LEAF WASTE. Includes leaves, garden residue, shrubbery,
tree trimmings and similar material, but not including grass clippings.
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MUNICIPAL WASTE. Materials including garbage, rubbish,
solid waste and other materials but not including recyclable materials
or leaf waste.
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RECYCLABLE MATERIALS. Materials including glass,
aluminum, steel and bimetallic cans, recyclable plastics, newspapers,
magazines, corrugated cardboard, mixed paper and cardboard and other
materials designated by Millcreek as recyclable materials.
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T.
Section 302.4 (Weeds) is hereby amended so as to provide as follows:
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302.4 Weeds. All premises and exterior property shall be maintained free from weeds and/or plant growth in excess of eight inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, said owner and/or agent shall be subject to prosecution in accordance with Section 106.3 and as prescribed by Chapter 48, Article I, Ordinance Enforcement, of the Code of the Township of Millcreek (Ordinance No. 2007-6), as may be amended. Upon failure to comply with the notice of violation, any duly authorized employee or contractor of the Township shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. Only one enforcement notice will be issued to a violator per calendar year. Thereafter, a citation will be issued directly and without any warning being required. Any person, entity or corporation which shall violate this section, upon conviction thereof, shall be subject to a fine in an amount not less than $300 nor more than $1,000, the amount of the minimum fine to increase by $100 for each second and subsequent offense in the same calendar year.
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U.
Section 302.8 (Motor vehicles) is hereby amended to provide as follows:
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302.8 Motor vehicles. Except as provided for in
other Township ordinances, no inoperative or non-operating motor vehicle
shall be parked, kept or stored on any premises, and no vehicle shall
at any time be in a state of major disassembly, disrepair or in the
process of being stripped or dismantled. Painting of vehicles is prohibited
unless conducted inside an approved spray booth. All vehicles within
residential zoning districts (or used for residential purposes) shall
be parked and/or stored only in garages and/or driveways (or, where
permitted, in parking lots) on the subject premises.
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(i)
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Parking or storage of vehicles on yards is prohibited; provided,
that only on lots having no driveway or a single-vehicle-wide driveway
with no garage or a one-vehicle garage and/or having no other parking
area, one vehicle otherwise authorized by zoning regulations may be
parked on the lot, if it is parked off of the street's cartway and
sidewalks and parallel to the street.
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(ii)
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Parking or storage of vehicles on streets is prohibited where
the owner or occupant has failed to ensure sufficient off-street parking
for those vehicles used by owners and occupants of the premises.
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(iii)
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This section is not intended to modify or revoke Township regulations
governing weather events and other circumstances in which parking
on streets is prohibited.
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(iv)
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No off-street parking space or area shall be located and/or
arranged so as to permit or cause any vehicle to be backed out onto
any public street or highway, except in the case of single-family
or two-family detached dwelling units.
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Exception: A vehicle of any type is permitted to
undergo major overhaul, including body work, so long as such work
is permitted in the zoning district and the vehicle is at all times
kept within a structure or similarly enclosed area designed and approved
for such purposes.
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V.
Section 303.1, pertaining to swimming pools, spas and hot tubs, is
hereby amended to provide as follows:
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(i)
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A pool may be located only in the rear yard or side yard of
the property on which it is an accessory use.
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(ii)
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The pool, including any aboveground decking, shall not be located
closer than seven feet from any property line of the property and
not closer than 10 feet from the boundary of any public easement affecting
the property.
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W.
Section 304.3 (Premises identification) is hereby amended to provide
as follows:
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304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street fronting the property and in accordance with standards set forth in Chapter 70, Part 3, Numbering of Buildings, of the Code of the Township of Millcreek, as may be amended. These numbers shall contrast with their background. Numbers shall be Arabic numerals or alphabet letters, subject to these minimum size standards:
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1.
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Three-inch high, one-half-inch stroke Arabic numerals on single-family
and two-family residential dwellings; or
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2.
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Six-inch high Arabic numerals on all buildings used for purposes
other than as single-family or two-family residential dwellings.
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X.
Section 304.14 is amended so as to provide that insect screens shall
be supplied during the period from May 1 to September 30.
Y.
Section 308 (Rubbish and Garbage) is hereby amended by virtue of existence of related regulations in Chapter 110, Article I, Municipal Waste and Recycling, of the Code of the Township of Millcreek, as amended, to provide as follows:
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308.1 Accumulation of municipal waste and recyclable materials. All exterior property and premises, and the interior of every structure,
shall be free from any accumulation of municipal waste and recyclable
materials.
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308.2 Collection of municipal waste, recyclable materials
and leaf waste. Every occupant of a structure shall place municipal waste, recyclable materials and leaf waste for collection by the contracted hauler in a clean and sanitary manner in accordance, with regulations in Chapter 110, Article I, Municipal Waste and Recycling, of the Code of the Township of Millcreek, as may be amended.
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308.2.1 Collection facilities/Placement for collection. The owner of every occupied premises shall supply approved and leakproof
containers with close-fitting covers for storage and disposition of
municipal waste and recyclable materials generated on the subject
premises, and the owner or responsible occupant shall be responsible
for ensuring proper placement of municipal waste, recyclable materials
and leaf waste for collection in accordance with Township regulations.
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308.2.2 Refrigerators. Refrigerators and similar
equipment not in operation shall not be discarded, abandoned or stored
on premises without first removing the doors. [Unchanged]
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308.3. Arrangement for collection. The owner of every premises shall enter into such contract as is required under Chapter 110, Article I, Municipal Waste and Recycling, of the Code of the Township of Millcreek, to ensure regular collection of municipal waste, recyclable materials and leaf waste generated on the subject premises in accordance with regulations of said Ordinance.
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Z.
Section 507.1 (Storm drainage) is hereby amended so as to provide
as follows:
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507.1 General. Drainage of roofs and paved areas,
yards and courts and other open areas on the premises shall not be
discharged in a manner which alters the natural flow of water or materially
increases the volume of flows onto another's property or deviates
from or alters an approved grading plan or an approved stormwater
management plan.
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AA.
Section 602.3 is amended to provide that heating shall be supplied
to leased premises during the period from September 1 to April 30.
BB.
Section 602.4 is amended to provide that heating shall be supplied
to occupiable work spaces during the period from September 1 to April
30.
It is the intention of this Part 5 that tables and commentary
included in the adopted Property Maintenance Code be deemed a part
of said adopted code.
The text of the Property Maintenance Code as adopted with the
above amendments (exclusive of the commentary, tables and figures
in the IPMC publication) shall be prepared by the Township and disseminated
to the retained code official and the public.
The Board of Supervisors is given the authority to determine
how this Property Maintenance Code shall be administered and enforced;
to retain and/or employ all persons and/or entities deemed necessary
or appropriate; to establish schedules of fees and charges and to
adopt such procedures, policies and forms as may be necessary to implement,
administer and enforce the code.
[Amended 7-23-2019 by Ord. No. 2019-13]
The Board of Supervisors, by ordinance, may make such other
and further amendments to future editions of the code as it deems
appropriate.
