Township of Lower Swatara, PA PROPERTY MAINTENANCE CODE

Section 103.5. Fees.

Section 112.4. Failure to Comply.

Section 111.2. Membership of the Board, along with Subsections 111.2.1 through 111.2.5.

[Added by Ord. No. 569, 3/15/2017]

Amendments. The following sections and subsections of the 2009 International Property Maintenance Code, First Printing, herein adopted, are hereby amended to read as follows:

Chapter 1.

Section 101.1. Title: These regulations shall be known as the "Property Maintenance Code of Lower Swatara Township," hereinafter referred to as the "Property Maintenance Code" or "this code."

Section 111.1. Application for Appeal: Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals (Code Hearing Board), provided that a written application for appeal is filed within 10 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

Section 111.3. Notice of Meeting: The Code Hearing Board shall meet upon notice from the chairman, within 30 days of the receipt of the application for an appeal.

Chapter 3.

Section 302.1. Sanitation: All exterior property and premises shall be maintained in a clean, safe and sanitary condition. Conditions which present a hazard to the health, safety, and welfare of the general public shall not be permitted on any property or premises. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.

Section 302.4. Weeds: Eight inches.

Section 302.8. Motor Vehicles: Except as provided for, in other regulations, no motor vehicle without a current registration and current inspection sticker shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, major overhaul, including body work, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

(4)

Section 304.14. Insect Screen: May 1 to October 15.

(5)

Section 305.3. Interior Surfaces/Mold: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.

All interior surfaces shall be free from mold growth. Suspected mold growth shall be tested and cleaned up by a professional mold specialist.

(6)

Section 308.3.2. Containers: The owner of any establishment/dwelling unit producing garbage and/or rubbish shall provide an adequate number of approved outside garbage/rubbish storage containers. The containers shall be made of metal, plastic, or equivalent material, ten- to thirty-gallon capacity, shall be leakproof and shall be provided with tight-fitting covers which shall be kept securely closed at all times.

The refuse/garbage shall be stored inside the containers at all times. Containers may be lined with plastic bags designed for such use. Containers shall be labeled by address. Containers shall not be stored in the minimum required front yard setback, except containers and/or plastic bags may be placed out for pickup 24 hours before the day of scheduled pickup.

Chapter 4.

Section 404.4.1. Room Area: Every living room shall contain at least 120 square feet and every bedroom occupied by one person shall contain at least 70 square feet of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet of floor area for each additional occupant thereof.

Chapter 6.

Section 602.3. Heat Supply: October 1 to May 16.

Section 602.4. Occupiable Work Spaces: October 1 to May 16.

Additions. The following new sections and subsections are hereby added to the 2009 International Property Maintenance Code, First Printing, herein adopted.

Chapter 2.

Section 202. Definitions:

STRUCTURAL HAZARDS

Structural hazards shall include but not be limited to the following:

Deteriorated or inadequate foundations.

Defective or deteriorated flooring or floor supports.

Flooring or floor supports of insufficient size to carry imposed loads with safety.

Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety.

UNFIT FOR HUMAN OCCUPANCY

Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag split or buckle due to defective material or deterioration.

(g)

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

(h)

Fireplaces or chimneys which list bulge or settle, due to defective material or deterioration.

(i)

Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

Any building or structure which has any or all of the following conditions or defects:

Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house.

Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel.

Lack of, or improper kitchen sink in a dwelling unit.

Lack of hot and cold running water to plumbing fixtures in a hotel.

Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house.

Lack of adequate heating facilities.

(g)

Lack of or improper operation of required ventilating equipment.

(h)

Lack of minimum amounts of natural light and ventilation required by this code.

(i)

Room and space dimensions less than required by this code.

(j)

Lack of required electrical lighting.

(k)

Dampness of habitable rooms.

(l)

Infestation of insects, vermin or rodents as determined by the Code Enforcement Officer.

(m)

General dilapidation or improper maintenance.

(n)

Lack of connection to required sewage disposal system.

(o)

Lack of adequate garbage and rubbish storage and removal facilities as determined by the Code Enforcement Officer.

UNSAFE STRUCTURE

Any building or structure which has any or all of the following conditions or defects shall be deemed to be an unsafe structure, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered:

Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn, obstructed or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than 1 1/2 times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.

Whenever any portion thereof has been damaged by fire, earthquake, wind, and flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.

Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of 1/2 of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.

(g)

Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

(h)

Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration or decay; (2) faulty construction; (3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (4) the deterioration, decay or inadequacy of its foundation; or (5) any other cause, is likely to partially or completely collapse.

(i)

Whenever, for any reason, the building or structure, or any portion thereof is manifestly unsafe for the purpose for which it is being used or exceeds the structural design load for the occupancy or use.

(j)

Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle 1/3 of the base.

(k)

Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (1) an attractive nuisance to children; (2) a harbor for vagrants, criminals or immoral persons; or as to (3) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

(l)

Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the Township, as specified in the Building Code, or of any law or ordinance of the Township relating to the condition, location or structure of buildings.

(m)

Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Code Enforcement Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

(n)

Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Marshal to be a fire hazard.

(o)

Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

(p)

Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

Chapter 3.

Section 301.4. Street Signs: All privately owned property, subdivisions, or land development with streets shall be provided with street signs to include, but not be limited to: street name signs on poles at all intersections, directional and informational signs. Such signs shall conform to Pennsylvania Department of Transportation and Township specifications and shall be installed by the owner in a manner specified by the Municipal Engineer.

Section 301.5. General Conditions: Conditions which present a hazard to the health, safety and welfare of the general public shall not be permitted on any property or premises.

Section 302.2.1. Adjoining Property: No person, party, or corporation shall willfully or negligently create, permit, or allow any condition or situation on their property to adversely affect an adjoining property.

(4)

Section 302.2.2. Sinkholes: Sinkholes vary in depth, act as drains for surface water, and result from flushing soil, rocks, or other surface materials into voids, either in the limestone bedrock or soil profile. Sink holes shall be repaired using the best technical guidance (BTG) available to repair the sinkhole to eliminate the potential attractive nuisance hazard found on the property and/or premises.

(5)

Section 302.4.1. All Grass and Weeds: Grass and weeds required to be maintained in accordance with Section 302.4 shall be applicable to any unimproved or improved lot or lots within a recorded subdivision. All grass and weeds at fence lines, property lines, border areas, areas around structures, stored items, etc. shall be cut and/or trimmed and maintained in accordance with Section 302.4. Active construction sites border areas adjacent to neighboring properties shall be maintained in accordance with Section 302.4.

(6)

Section 302.8.1. Motor Vehicle Parked on Grass: No currently registered and currently inspected motorized vehicle shall be parked, kept or stored in the front or side yards on any premises within 10 feet of a residential dwelling or within 10 feet of the front, side or rear property line except in an approved parking space (driveway, carport, or garage) or during a declared snow or other emergency.

(7)

Section 302.8.2. Nonmotorized Vehicles on Grass: Nonmotorized vehicles (travel trailers, boat and boat trailers, campers) or parts thereof including truck caps and similar nonmotorized vehicles with or without required current registration and/or current inspection shall not be parked, kept or stored on any premises within 10 feet of a residential dwelling in the front or side yards or within 10 feet of the front, side or rear property line except in an approved parking space (driveway, carport, or garage) or during a declared snow or other emergency.

(8)

Section 302.10. Tree Branches: All trees standing on private property and shade trees within the public right-of-way shall be kept trimmed over the public right-of-way by the property owner so that the minimum height where they overhang a public walk shall be eight feet. The minimum height where a tree overhangs a road or street shall be 14 feet. However, the Township reserves the right to designate a higher clearance on certain streets or roadways where heavy traffic or other conditions make it expedient.

Broken tree branches or a damaged, diseased or weakened tree trunk hanging over or threatening a roadway or sidewalk shall be removed.

(9)

Section 302.11. West Nile Virus: All premises and exterior property shall be maintained to reduce the number of mosquitoes around the area by eliminating standing water in which mosquitoes can breed. Maintenance shall include but not limited to the following:

Dispose of anything outside that can hold water; for instance, tin cans, ceramic pots and used tires.

Drill holes in the bottoms of recycling containers left outdoors.

Clean clogged roof gutters as needed, especially if leaves tend to plug their drains.

Turn over plastic swimming/wading pools and wheelbarrows when not in use.

Do not allow water to stagnate in birdbaths, ornamental pools, water gardens, and swimming pools or their covers.

Alter the landscape of your property to eliminate standing water.

(10)

Section 302.12. Snow and Ice Removal: The owner of every property fronting upon or alongside of any public street or road shall remove or cause to be removed all snow, ice, slush or any combination thereof, from the sidewalk, including that portion of the driveway where the sidewalk crosses the driveway, for a minimum width of three feet, within 24 hours after said snow, ice, slush or any combination thereof shall cease to fall, unless said snow, ice, slush or any combination thereof be so hardened or frozen that it cannot be removed without injury to the sidewalk, in which latter event the owner shall place salt, sand or other abrasive material upon said snow, ice, slush or any combination thereof, within the time provided.

Placing of snow, ice and slush on streets is prohibited. It shall be unlawful to place any snow, ice, slush or any combination thereof, on the public street or road after the public street or road has been plowed or cleared for the purpose of allowing passage of vehicular traffic thereon.

[Amended at time of adoption of Code (see Ch. AO)]

(11)

Section 302.13. Stockpiling of Firewood: All firewood stored or kept outside on the property or premises shall be stored in the rear or side yards a minimum of five feet from the side and rear property lines. Stockpiles shall not exceed the height of six feet or be stored in an unstable condition that would create a hazard. The footprint of firewood stockpile shall not exceed 2% of the yard area in which it is located.

[Amended at time of adoption of Code (see Ch. AO)]

(12)

Section 302.14. Indoor vs. Outdoor Furniture: Appliances, furniture and/or furnishings, including cabinetry and similar items manufactured for indoor use shall not be used and/or stored or kept outdoors subject to weather.

(13)

Section 302.15. Grass Clippings: It shall be unlawful for any person, party, firm or corporation or any agent thereof to willfully or negligently discharge, place, dump, throw, store, accumulate or maintain, or cause to be discharged, placed, thrown, stored, accumulate or maintain any grass clippings or other types of vegetation on the paved portion, in storm sewer inlets of any public street within the Township or on private property not owned by the individual responsible for such action. The placement of leaves in the Township right-of-way shall be excluded, providing that such leaves are placed outside the traveled cartway portion of the street and are placed for pickup by the Lower Swatara Township Public Works Department during scheduled leaf collection in November and December.

Chapter 7.

Section 704.5. Carbon Monoxide Detectors: A minimum of one UL-listed carbon monoxide detector shall be installed in all new and existing dwelling units where wood, coal, oil, or gas heating or cooking appliances are installed. The carbon monoxide detector shall be installed per the manufacturer's installation instructions.