[Adopted 10-5-1987 by Ord. No. 568 (Ch. 5, Part 5, of the
1987 Code of Ordinances)]
[Amended 11-12-1990 by Ord. No. 578]
The Borough of Collingdale hereby adopts, for the purpose of
establishing rules and regulations for the maintenance of all structures,
including administration, enforcement and penalties, the property
maintenance code known as the "The BOCA National Property Maintenance
Code/1990," or any subsequent amendments or revisions thereof, save
and except such portions as are hereinafter deleted, modified or amended,
of which three copies have been and are now filed in the office of
the Borough Manager, and the same are hereby adopted and incorporated
as fully as if set out at length herein. From the date on which this
article shall take effect, the provisions thereof shall be controlling
in the maintenance of all structures and in all other subjects therein
contained within the corporate limits of the Borough of Collingdale.
[Amended 11-12-1990 by Ord. No. 578; 7-6-1992 by Ord. No. 587]
The BOCA National Property Maintenance Code/1990 hereby adopted
is amended as follows:
A.Â
"The Borough of Collingdale" shall be inserted wherever the words
"Name of Municipality" appear in brackets therein.
(1)Â
Whenever the term "legal officer" or "legal representative" is used
in this code, it shall be held to mean the Borough Solicitor.
B.Â
PM-105.1 shall be amended to read as follows:
PM-105.1 General. Where a structure or part thereof
is found by the Administrative Officer to be unsafe, or when a structure
or part thereof is found unfit for human occupancy or use, it may
be condemned pursuant to the provisions of this code and may be placarded and vacated.
The structure shall not be reoccupied without the approval of
Borough Council. Unsafe equipment shall be placarded and placed out
of service.
C.Â
PM-109.2 is hereby amended to read as follows:
PM-109.2 Penalty. Any person, firm or corporation
who shall violate any provision of this code shall, upon conviction
thereof, be subject to a fine of not more than $300 and/or to imprisonment
for not more than 90 days. Every day that a violation of this code
continues shall constitute a separate offense.
D.Â
PM-109 is hereby amended by the addition of the following subsection:
PM-109.5 Fines and Costs. All fines, costs and
penalties shall be cumulative, and payment of one shall not preclude
the payment of any other fine, cost or penalty assessed.
E.Â
Sections PM-111.0 to PM-111.3 are hereby deleted.
F.Â
PM-111 is hereby amended by the addition of the following subsection:
PM-111.4 Restraining Actions. Anyone affected by
any such order shall, within 15 days after service of such order,
apply to a court of record for an order restraining the Administrative
Officer from razing and removing such structure or parts thereof.
The court shall determine whether the order of the code official is
reasonable, and if found reasonable, the court shall dissolve the
restraining order, and if found not reasonable, the court shall continue
the restraining order or modify it as the circumstances may require.
G.Â
PM-301.8 is hereby amended to read as follows:
Motor vehicles: Except as provided in other regulations, no
currently unregistered and/or uninspected motor vehicle shall be parked,
kept or stored on any property, and no vehicle shall at any time be
in a state of major disassembly, disrepair or in the process of being
stripped or dismantled. In no event shall any currently unregistered
and/or uninspected motor vehicle be parked, kept or stored on any
public street.
Exception: A vehicle of any type is permitted to undergo major
overhaul, including body work, providing such work is performed inside
a structure or similarly enclosed area designed and approved for such
purposes. In no case shall any service or repair of any kind to any
motor vehicle be performed on any public street.
In all matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
commonwealth promulgated by authority of law, such laws or regulations,
as the case may be, shall control where the requirements thereof are
the same as or in excess of the provisions of this article. The code
shall control in all cases where the state requirements are not as
strict as those contained in this article.
The provisions of this article, so far as they are the same
as those of ordinances and/or codes in force immediately prior to
the enactment of this article, are intended as a continuation of such
ordinances and codes and not as new enactments. The provisions of
this article shall not affect any act done or liability incurred,
nor shall they affect any suit or prosecution pending or to be instituted
to enforce any right or penalty or punish any offense under the authority
of any of the repealed ordinances.
