[HISTORY: Adopted by the Borough Council of the Borough of
Spring Grove 12-1-2008 by Ord.
No. 2-2008 (Ch. 103 of the 1985 Code).[1] Amendments noted where applicable.]
A certain document, three copies of which are on file in the office of the Borough of Spring Grove, being marked and designated as the International Property Maintenance Code, 2006 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Spring Grove, in the Commonwealth of Pennsylvania for regulating and governing the conditions and maintenance of all property, 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 occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; 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 Spring Grove are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 288-2 of this chapter. As successor editions of the International Property Maintenance Code are published, such successor editions and additions, insertions, deletions and changes thereto may be adopted by resolution of the Borough Council.
A.
The following sections of the International Property Maintenance
Code, 2006 edition, are hereby revised, as follows:
(1)
Section 101.1. Insert: Borough of Spring Grove.
(2)
Section 103.5. Insert: Set from time to time by resolution adopted
by the Borough Council.
(3)
Section 302.4. Insert: five inches.
(4)
Section 304.14. Insert: May 1st to October 1st.
(5)
Section 602.3. Insert: October 1st to April 30th.
(6)
Section 602.4. Insert: October 1st to April 30th.
B.
The following sections of the International Property Maintenance
Code, 2006 edition, are hereby amended as follows:
(1)
Section 106.4. Delete in its entirety and replace with the following:
106.4 Violation penalties. Any owner or occupant
who has received notice of a violation of this ordinance or of the
existence of a nuisance and fails to rectify the conditions constituting
the nuisance or to remove and demolish the offending dwelling, building
or structure shall, upon conviction thereof, be sentenced to pay a
fine of not less than $100 nor more than $1,000 together with the
costs of prosecution, and in default thereof, be sentenced to imprisonment
in the York County Prison for a period of not more than 30 days. Each
day of continued violation shall constitute a separate offense.
C.
The following sections are hereby added to the International Property
Maintenance Code, 2006 edition:
(1)
Section 109.7. Add:
109.7 Abatement by the Borough. If the owner, occupant,
mortgagee or lessee fails to comply with the order of the Codes Enforcement
Officer or the Borough Manager within the time specified in the notice
issued by such person and no petition for a hearing is filed within
15 days thereafter, or following a hearing by the Borough of Spring
Grove, the order is sustained thereby, the Codes Enforcement Officer
or the Borough Manager shall cause such building or structure to be
repaired, vacated or demolished as determined by the Borough of Spring
Grove in accordance with the standards hereinbefore provided. The
Borough of Spring Grove may collect the cost of such repair, vacation
or demolition together with a penalty of 10% of such cost plus attorney
fees incurred by the Borough regarding the same, in the manner provided
by law, or the Borough of Spring Grove may seek injunctive relief
in a court of competent jurisdiction pursuant to the rules of civil
procedure.
(2)
Section 110.5. Add:
110.5 Excavation to be refilled. After removal
of said building or structure, any excavation there under shall be
refilled with earth or other suitable material to match the existing
ground level.
(3)
Section 111.4.2. Add:
111.4.2 Duties of Code Enforcement Officer. The
Codes Enforcement Officer shall appear at all hearings conducted by
the Building Appeals Board or Magisterial District Judge, and testify
to the condition of properties found to be in violation or found to
be a nuisance.
(4)
Section 304.3.1. Add:
304.3.1 Rear premises identification. All properties
located within Spring Grove Borough, and such property that has access
to the rear by an alley or street shall display a house number. Address
numbers shall comply with the above Section 304.3. Numbers shall be
located on the subject garage or other such building within 30 feet
of the rear property.
Ordinance No. 1-1976 of Borough of Spring Grove, entitled "Borough
of Spring Grove Property Maintenance Ordinance" and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phrase of this
chapter is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this chapter.
The Borough Council of the Borough of Spring Grove hereby declares
that it would have passed this chapter, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
Nothing in this chapter 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 as cited in § 288-3 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
This chapter and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
and be in full force and effect January 1, 2009, from and after the
date of its final passage and adoption.
