[Ord. 187, 5/3/2004, § 1]
1.
Except as modified by Subsection 2 hereof, the Uniform Construction Code as set forth in 34 Pa. Code, Chapters 401 through 405, inclusive, is hereby incorporated by reference and adopted as the official Municipal Building Code of Honey Brook Borough, Chester County, Pennsylvania.
2.
The Uniform Construction Code adopted by this Part shall be amended
automatically by all amendments, supplements, additions and later
editions which may from time to time be promulgated as amendments,
supplements, additions or later editions to or of the Uniform Construction
Code.
[Ord. 187, 5/3/2004, § 2]
Honey Brook Borough hereby elects to and so shall administer
and enforce the provisions of the Pennsylvania Construction Code Act,
i.e., Act 45 of 1999, as amended to date and from time to time (35
P.S. § 7210.101 through and including § 7210.1103,
as amended to date and from time to time), and all regulations permitted
to be issued under the Pennsylvania Construction Code Act.
[Ord. 187, 5/3/2004, § 3]
The administration and enforcement of the Uniform Construction
Code in Honey Brook Borough shall be accomplished by one or more of
the following means, which shall be authorized by a resolution of
the Honey Brook Borough Council:
A.
The designation of an employee of Honey Brook Borough to act as the
Honey Brook Borough Municipal Code Official.
B.
The retention of one or more construction code officials or third-party
agencies to act on behalf of Honey Brook Borough as municipal code
officials within the municipal limits of Honey Brook Borough.
C.
A duly approved intermunicipal cooperative agreement with one or
more municipalities for the purpose of jointly administering and enforcing
the Pennsylvania Construction Code Act and the regulations issued
thereunder.
D.
A written contract with another municipality authorizing that municipality
to administer and enforce the Pennsylvania Construction Code Act and
the regulations issued thereunder on behalf of Honey Brook Borough
within the municipal limits of Honey Brook Borough.
E.
A written agreement with the Commonwealth of Pennsylvania Department
of Labor and Industry for enforcement, plan reviews, and inspections
of structures other than one or two-family dwelling units, utility
structures, or miscellaneous use structures.
[Ord. 187, 5/3/2004, § 4]
1.
The Honey Brook Borough Council, by resolution, shall establish the
Board of Appeals required by the Pennsylvania Construction Code Act.
2.
If the administration and enforcement of the Pennsylvania Construction
Code Act is undertaken by Honey Brook Borough jointly with one or
more municipalities, the Board of Appeals shall be established by
a joint resolution of all participating municipalities.
[Ord. 187, 5/3/2004, § 5]
1.
All Building Code Ordinances or portions thereof adopted by Honey
Brook Borough before 11:59 p.m. prevailing time Thursday, July 1,
1999, shall continue in full force and effect provided:
2.
All existing building code ordinances (or portions thereof) of Honey
Brook Borough which are in effect when this Part is adopted and whose
requirements are less stringent than the minimum requirements of the
Uniform Construction Code are hereby automatically amended to conform
with comparable provisions of the Uniform Construction Code.
3.
All other ordinances of Honey Brook Borough which are not governed
by the Uniform Construction Code shall remain in full force and effect.
[Ord. 187, 5/3/2004, § 6]
If any provision of the Uniform Construction Code permits the
assessment, collection and receipt by Honey Brook Borough of any fee,
that fee shall be established and assessed pursuant to a Fee Schedule
adopted by the Honey Brook Borough Council by resolution, which may
be amended from time to time by subsequent resolutions.
[Ord. 187, 5/3/2004, § 7; as amended by Ord. 193,
7/16/2007]
1.
A person who violates any provision of this Part, upon conviction
thereof, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues shall constitute a separate offense.
2.
In addition to the enforcement of this Part as provided for in Subsection 1, above, Honey Brook Borough, at its election, may institute appropriate actions at law or in equity to restrain, correct or abate any violation of the Uniform Construction Code adopted by this Part. If Honey Brook Borough elects to enforce the provisions of this Part by an action at law or in equity, any person who has violated or permitted the violations of the provisions of this Part, upon being found liable therefor in a civil action commenced by Honey Brook Borough, shall pay a judgment of not less than $1,000 per violation, plus costs and attorney's fees incurred by Honey Brook Borough.
3.
Each day any violation exists and continues shall constitute a separate
offense.
4.
If any summary proceeding or civil action authorized by this Section
brought against any person pursuant to this Part becomes final:
5.
All costs, expenses, and attorney's fees incurred or expended by Honey Brook Borough for any repair, etc., of the violation as is permitted in Subsection 4, above, together with an administrative charge of 10% may be charged as a municipal claim or lien against the real property on which the violation exists.
[Ord. 233, 11/16/2015[1]]
Except as otherwise modified, the 2012 Edition of the International
Property Maintenance Code is hereby adopted and incorporated by reference
for enforcement within the municipal limits of Honey Brook Borough,
Chester County, Pennsylvania.
[1]
Editor's Note: This ordinance also repealed former § 5-201,
Enactment of the International Property Maintenance Code, adopted
by Ord. 190, 10/4/2004, § I.
[Ord. 190, 10/4/2004, § II]
If any provision of the code adopted pursuant to this Part permits
the assessment, collection and receipt by Honey Brook Borough of any
fee, such fee shall be established and assessed pursuant to a fee
schedule adopted by the Honey Brook Borough Council by resolution,
which may be amended from time to time by subsequent resolution.
[Ord. 233, 11/16/2015[1]]
For the purposes of enforcing the 2012 Edition of the International
Property Maintenance Code, the Code Enforcement Officer of Honey Brook
Borough is hereby designated as the Code Official.
[1]
Editor's Note: This ordinance also repealed former § 5-203,
Enforcement Officer, adopted by Ord. 190, 10/4/2004, § III.
[1]
Editor’s Note: Former § 5-204, Violations and Notice
of Violations, adopted by Ord. 190, 10/4/2004, § IV, was repealed
by Ord. 233, 11/16/2015, which ordinance stated that “notice
of violations provisions are otherwise provided for within the International
Property Maintenance Code, Edition 2012.”
[Ord. 190, 10/4/2004, § V; as amended by Ord. 193,
7/16/2007]
1.
A person who violates any provision of this Part, including failing
to correct any violated by a required date, shall upon conviction
in a summary proceeding before a magisterial district judge be sentenced
to pay a fine of not less than $150 nor more than $1,000 per violation,
plus costs of prosecution and attorney's fees incurred by the
Borough. In default of the payment of any fine and costs, that person
shall be imprisoned for a period of not more than 30 days.
2.
In addition to the enforcement of this Part by a summary proceeding as provided for in Subsection 1, above, the Borough, at its election, shall have the right to institute appropriate actions at law or in equity to restrain, correct or abate any violation of any of the codes adopted by this Part. If the Borough elects to enforce the provisions of this Part by an action at law or in equity, any person who has violated or permitted the violation of the provisions of this Part shall, upon being found liable therefor in a civil enforcement action commenced by Honey Brook Borough, pay a judgment of not more than $500 per violation, plus costs and attorney's fees incurred by the Borough.
3.
Each day's continuance of a violation shall constitute a separate
offense.
4.
If any summary proceeding or civil enforcement action authorized
by this Section brought against any person pursuant to this Part becomes
final and:
A.
No appeal to the Court of Common Pleas or other Appellate court is
then pending.
B.
Any violation specified by the Code Enforcement Officer in the written
notice of violation still exists, then Honey Brook Borough, through
any duly authorized agent, shall be and is hereby empowered to correct
any violation by repair, removal, demolition or otherwise of any structure
or part or parts thereof or premises or parts thereof.
5.
All costs (including attorney's fees) and expenses incurred by Honey Brook Borough for any repair, removal, demolition, etc., of the violation as permitted in Subsection 4, above, together with an administrative charge of 10% may be charged against the real property on which the violation exists as a municipal claim or lien.
[Ord. 233, 11/16/2015]
1.
The following sections of the newly adopted 2012 International Property
Maintenance Code are further revised or shall have language inserted
as follows:
A.
Section 101.1. Insert: "BOROUGH OF HONEY BROOK."
B.
Section 103.5 shall be removed and replaced with the following language:
"103.5 Fees. The fees for activities and services performed
by the department in carrying out its responsibilities under this
code shall be according to the fee schedule as adopted by the Honey
Brook Borough Council by resolution, which may be amended from time
to time by subsequent resolution."
C.
Section 112.4. Insert: "$150" and "$1,000."
D.
Section 302.3 shall be removed and replaced to read as follows:
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"302.3 Sidewalk and Curb Maintenance. Sidewalks
and curbs shall be maintained by the property owner. Sidewalks and
curbs shall be even, with no hazardous cracks, broken areas, grass,
weeds, protruding tree roots or other projections in, on or under
the curbing area and/or pathway which create or may create a hazard
which may cause pedestrians to trip, fall or otherwise be potentially
injured.
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302.3.1 Property owners shall not permit grass, weeds, tree
roots, etc., to grow on, up or through a curb, sidewalk or any part
of such areas. It is the responsibility of property owners to maintain
each sidewalk and related curb, and to remove all grass, weeds, foliage,
tree roots, etc., by whatever means necessary, including the application
of commercially available chemicals or combinations thereof which
will kill all grass, weeds, foliage, tree roots, etc., growing on
or up through the sidewalk and top of the curb."
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E.
Section 302.4. Insert: "10 inches."
F.
Section 304.14. Insert "APRIL 1" and "SEPTEMBER 30."
G.
Section 602.3. Insert: "OCTOBER 15" and "MARCH 15."
H.
Section 602.4. Insert: "OCTOBER 15" and "MARCH 15."
