[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:
"The Borough of Collingdale" shall be inserted wherever the words "Name of Municipality" appear in brackets therein.
Whenever the term "legal officer" or "legal representative" is used in this code, it shall be held to mean the Borough Solicitor.
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.
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.
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.
Sections PM-111.0 to PM-111.3 are hereby deleted.
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.
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.