[HISTORY: Adopted by the Borough Council of the Borough of
West Reading as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-20-1989 by Ord. No. 713 (Ch. X, Part 3, of the
1993 Code of Ordinances)]
This article shall be known and cited as the "Borough of West
Reading Property Maintenance Ordinance."
Recognizing the need within the Borough of West Reading to establish
certain minimum health and safety requirements for those buildings,
structures, or properties which are used or associated with human
occupancy, this article hereby establishes standards which the Borough
of West Reading considers to be fair and essential in meeting those
minimum requirements.
This article, and the objectives leading to its enactment, are
authorized by the Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
As used in this article, the following terms shall have the
meanings indicated:
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin and/or other pests.
Plot, tract, premises or parcel of land, with or without
improvements thereto.
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or otherwise,
is vested with the title to a lot and/or improvements thereto or who
retains the exclusive control of such a lot and/or improvements thereto
in his capacity as a legal representative, such as an administrator,
trustee, executor, etc.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, dead animals and market and industry wastes.
Any building, or part thereof, or man-made structure, which
remains unoccupied for a period of more than six months, with either
doors, windows, or other openings broken, removed, boarded or sealed
up, or any building under construction upon which little or no construction
work has been performed for a period of more than six months.
Any open space on the same lot with a building and, for the
most part, unobstructed from the ground up.
The provisions of this article shall supplement local laws,
ordinances or regulations existing in the Borough of West Reading
or those of the Commonwealth of Pennsylvania. Where a provision of
this article is found to be in conflict with any provision of a local
law, ordinance, code or regulation or those of the Commonwealth of
Pennsylvania, the provisions which are more restrictive or which establish
the higher standard shall prevail.
A.
No owner of any building or structure shall fail to take steps and
perform such maintenance thereto, as may be required from time to
time, to ensure the property is safe, sound, sanitary and secure and
does not present a health and/or safety hazard to surrounding properties
and to the general populace.
B.
No owner of any unoccupied building or structure shall fail to take
such steps as may be required to insure that these are securely closed
so as to prohibit and deter entry thereto and to insure that no health
and/or safety hazard, or threat thereof, is precipitated due to a
lack of maintenance or due to neglect.
C.
Owners of any and all unoccupied buildings and/or structures which,
through neglect, have deteriorated to the point of being classified
as unoccupied hazards, and therefore constitute a severe health and/or
safety hazard, shall, upon direction of the Borough of West Reading,
remove or cause the removal of the building and/or structure.
No person shall permit:
A.
Fences and/or minor structures to be constructed and maintained so
as to present a safety or health hazard to persons and/or property;
B.
The development or accumulation of hazards, rodent harborage and/or
infestation upon yards, courts or lots;
C.
Objectionable materials to accumulate and to be blown about the surrounding
neighborhood;
D.
Wells, cesspools, cisterns, sedimentation ponds, stormwater management
impoundment ponds and/or ponds or a familiar nature to remain open
without adequate fencing or barricades to prevent access thereto by
the general public;
E.
The accumulation of heavy undergrowth and/or vegetation which would
impair the health and/or safety of the neighborhood; nor shall they
permit any trees, plants or shrubbery, or any portion thereto, to
grow on their property and which constitute a safety hazard to pedestrian
and/or vehicular traffic.
A.
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation.
B.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse.
C.
Where there exists rodent and vermin infestation, corrective measures
shall be undertaken by the property owner and/or occupant to alleviate
the existing problem(s), to include screening, extermination and/or
garbage and refuse control. Methods employed for extermination shall
conform with generally accepted practices.
No person shall permit:
A.
Roof, surface and/or sanitary drainage to create a safety and/or
health hazard to persons and/or property by reason of inadequate and/or
improper construction, or maintenance or manner of discharge;
B.
Roof gutters, drains, or any other system designed and constructed
to transport stormwater, to be discharged into any sanitary sewage
system and/or any part thereof;
C.
Any refrigerator, freezer and/or other similar storage chest to be
discarded, abandoned or stored in any place or location which is accessible
to the general public without first completely removing any and all
locking devices and/or doors.
Any occupant of a premises shall be responsible for compliance
with the provisions of this article with respect to the maintenance
of that part of the premises which he occupies and/or controls in
a safe, sound and/or sanitary condition pursuant to the terms of the
contract/agreement under which he exercises occupancy and/or control
thereof.
A.
Owners of premises shall comply with the provisions of this article
as well as operators and occupants, regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B.
In instances where an occupant is responsible, or shares responsibility
with an owner, for the existence of one or more violations of this
article, said occupant shall be deemed responsible and treated as
if an owner within the true intent and meaning of this article.
[Amended 9-18-2007 by Ord. No. 959]
The Borough of West Reading may, or may cause, through an authorized
representative of the Borough of West Reading, entry onto premises
for the purpose of inspection of any and all premises, properties,
buildings and/or structures located within the Borough of West Reading
for ascertaining the existence of violations. In those matters where
the nature of an alleged violation is such that an inspection of the
interior of a building or structure is necessitated, prior arrangements
must be made with the owner, or his agent, to secure access thereof.
The foregoing notwithstanding, the Code Enforcement Officer may elect
to first issue a verbal warning to the responsible owner, operator,
occupant or person in charge of the structure or premises where there
are reasonable grounds to believe that violations are of a minor nature
and such violations do not present any immediate danger to persons
or property; or do not render any structure unfit for human habitation.
Verbal warnings must explicitly delineate the Code Enforcement Officer's
expectations for remedial actions to correct the violations. The Code
Enforcement Officer shall maintain a written record of the verbal
warning within the Code Enforcement Department. The issuance of a
verbal warning shall not, under any circumstances, be deemed to be
a waiver of the Borough's right to enforce any provisions of this
article, including the issuance of a notice of violation in the manner
prescribed below, for correction of the violations set forth therein.
A.
If noncompliance with the provisions of this article constitutes
a nuisance, or if any condition, structure, or improvement poses a
threat to the health, safety, or welfare of the public, the Code Enforcement
Officer shall issue a written notice to be served by registered or
certified mail upon the owner of said premises, or, if the owner's
whereabouts or identity be unknown, by posting the notice conspicuously
upon the offending premises.
B.
Said notice shall specify the condition, structure or improvement
complained of, and shall require the owner to commence to remove or
otherwise rectify the condition, structure or improvement as set forth
therein within 10 days of mailing or posting of said notice, and,
thereafter, to fully comply with the requirements of the notice within
a reasonable time.
If the owner does not comply with the notice to abate the conditions
within the time limit prescribed, the Borough of West Reading shall
have the authority to take measures to correct the conditions and
collect the cost of such corrections plus 10% of all costs. The Borough
of West Reading, in such event and pursuant to its statutory or otherwise
authorized police powers, shall have the right and power to enter
upon the offending premises to accomplish the foregoing.
A.
Any person aggrieved by the decision of the Code Enforcement Officer
may request and shall then be granted a hearing before the Borough
of West Reading, provided he filed with the Borough of West Reading
within 10 days after notice of the Code Enforcement Officer's decision
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor. The hearing shall commence not
later than 30 days after the date on which the petition was filed
unless postponed for sufficient cause.
B.
After such hearing, the Borough of West Reading shall sustain, modify
or overrule the action of the Code Enforcement Officer.
[Amended 3-20-2018 by Ord. No. 1080]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding 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 correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Berks County.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
article.
The remedies provided herein for the enforcement of this article,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
option of the Borough of West Reading.
[Adopted 6-19-2007 by Ord. No. 956 (Ch. IV, Part 4, of the
1993 Code of Ordinances)]
[Amended 11-10-2018 by Ord. No. 1096]
A certain document, three copies of which are on file in the office of the Secretary of the Borough of West Reading, being marked and designated as the International Property Maintenance Code, 2018 Edition, as published by the International Code Council (the "code"), be and is hereby adopted as the Property Maintenance Code of the Borough of West Reading, Berks County, Pennsylvania, for regulating the conditions and maintenance of all properties, 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 occupancy and use; and the condemnation of buildings and structures unfit for human occupancy and use, and for the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of West Reading 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 § 341-20 of this article.
[Amended 9-18-2007 by Ord. No. 960; 7-15-2008 by Ord. No. 973]
The following additions,
insertions, deletions and changes are hereby made to the code:
A.
Section 101.1: Insert the words "Borough of West Reading, Berks County,
Pennsylvania" in place of the words "[NAME OF JURISDICTION]."
B.
Section 103.5 shall be amended in its entirety so as to hereafter
read as follows:
103.5 Fees. The fees for all work, permits, charges,
activities and services performed by the Code Official in carrying
out his/her responsibilities under the code shall be established by
the Borough Council by resolution from time to time.
C.
Section 106.3 shall be amended in its entirety so as to hereafter
read as follows:
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 summary 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 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 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.
D.
Section 106.4 shall be amended in its entirety so as to hereafter
read as follows:
106.4 Violation penalties. Any person who shall
violate a provision of this code or fail to comply therewith or with
any of the requirements thereof shall be guilty of a summary offense,
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 correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that a violation continues after due notice has
been served shall be deemed a separate offense.
[Amended 3-20-2018 by Ord. No. 1080]
E.
Section 107 shall be supplemented by adding thereto the following
new Subsection 107.1.1, to read as follows:
107.1.1 Verbal warnings. The foregoing notwithstanding,
the Code Official may elect to first issue a verbal warning to the
person responsible for the violation where there are reasonable grounds
to believe that violations are of a minor nature and such violations
do not present any immediate danger to persons or property; or do
not render any structure unfit for human habitation. Verbal warnings
must explicitly delineate the Code Official's expectations for remedial
actions to correct the violations. The Code Official shall maintain
a written record of the verbal warning within the Code Enforcement
Department. The issuance of a verbal warning shall not, under any
circumstances, be deemed to be a waiver of the Borough's right to
enforce any provisions of this Property Maintenance Code, including
the issuance of a notice of violation in the manner prescribed herein,
for correction of the violations set forth therein.
F.
Section 302.4: Insert the words "10 inches" in place of the words
"(jurisdiction to insert height in inches)."
G.
Section 304.3 shall be amended in its entirety so as to hereafter
read as follows:
304.3 Premises identification. Buildings shall
have approved address numbers placed in a position to be plainly legible
and visible from the street or road fronting the property; and from
the street, road or alley, if any, abutting the rear of the property.
The numbers shall contrast with their background. Address numbers
shall be Arabic numerals or alphabet letters. Numbers shall be a minimum
of four inches high with a minimum stroke width of 0.5 inch.
H.
Section 304.14: Insert the words "May 15" in place of the word "[DATE]"
where it first appears; insert the words "October 15" in place of
the word "[DATE]" where it second appears.
I.
Section 602.3: Insert the words "October 1" in place of the word
"[DATE]" where it first appears; insert the words "May 1" in place
of the word "[DATE]" where it second appears.
J.
Section 602.4: Insert the words "October 1" in place of the word
"[DATE]" where it first appears; insert the words "May 1" in place
of the word "[DATE]" where it second appears.
K.
Insert the words "the Borough Council" in place of the words "[THE
GOVERNING BODY]" in all relevant sections of the code.
Nothing in this article or in the Property Maintenance Code
hereby adopted shall be construed to affect any suit or proceeding
impending 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.
