Borough of Avalon, PA Property Maintenance

The 2015 International Property Maintenance Code is amended and revised, with additions, deletions and changes noted in the following respects for purposes of applicable standards for the Borough of Avalon:

Section 101.1, page 1, second line, insert "Borough of Avalon" in space provided.

Section 103, Department of Property Maintenance Inspection, delete the reference to "Department of Property Maintenance Inspection" and replace the deleted reference with a reference to "Code Official."

(1)

Revise Section 103.1 to read:

§ 103.1 General. The official in charge of enforcing this article shall be known as the "Code Official." The Code Official may be an individual or individuals or a corporation or other organization providing Property Maintenance Code enforcement services.

(2)

Section 103.5, Fees, is revised to read:

§ 103.5. Fees. Fees shall be as set forth in the Avalon Borough Fee Schedule as adopted and amended by Borough Council from time to time by resolution.

Section 106, Violations, revise and replace sections as follows:

(1)

§ 106.2. Notice of Violation. The Code Official shall serve a notice of violation or order in accordance with § 107. Nothing herein contained shall prevent the Code Official or other designated representative from utilizing other enforcement tools provided for in the Avalon Borough Code, including but not limited to tickets or other violation notices, instead of or in conjunction with the Avalon Borough Property Maintenance Code.

(2)

§ 106.4. Penalties. Any person, firm or corporation who shall violate any provision of this code shall, upon conviction thereof, by subject to a fine of not more than $1,000. Each day that a violation continues shall constitute a separate offense subject to the daily maximum fine.

Section 109, Emergency Measures, revise and replace this section as follows:

(1)

§ 109.5. Costs of Emergency Repairs. Costs incurred in the performance of emergency work may be paid for by the Borough. The legal counsel shall institute appropriation against the property owner, responsible party or agent of the premises where the unsafe structure is or was located for the recovery of such costs, plus attorney's fees, including, but not limited to, filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of the emergency work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Borough in connection with the emergency work and the filing of the municipality claim.

Section 111, Means of Appeal, delete §§ 111.1, 111.2, 111.3, 111.4 and 111.5 in their entirety and replace them with the following:

§ 111. Means of Appeal.

§ 111.1. Application for Appeal. Any person aggrieved by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal, within 20 days after the date of the decision, notice or order appealed from, to the Borough of Avalon Council, which Council shall have jurisdiction to hear and rule on appeals filed hereunder. The Council may determine whether the full Council, or any number of Council members, or any designated hearing officer, will hear and rule on the appeal. Such person or persons shall serve as the "Board of Appeals" or "Board" for any purpose provided for in the Avalon Borough Property Maintenance Code.

Such appeal shall be filed, in writing, shall state the grounds for appeal, be accompanied by the required appeal fee of $100 or such other fee as is set under the Borough of Avalon Fee Schedule by resolution, and shall be processed and heard in accordance with the Local Agency Law. All advertising and court reporter costs resulting from the appeal will be paid by the appellant prior to commencement of the appeal hearing with such amounts to be held in escrow as may be determined by the Borough Manager.

§ 111.2. All appeals under the Property Maintenance Code must be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, that the provisions of this code do not apply, that the requirements of this code are satisfied by other means or that the strict application of the code would cause an undue hardship due to the unique circumstances involving the property in question such that strict application of the code would prevent the property owner or occupant from making reasonable use of the property.

§ 111.3. The Board may consider the following factors in deciding a claim of hardship:
	§ 111.3.1. Whether the owner or occupant has complied with prior orders or agreements covering maintenance of the property.
	§ 111.3.2. Whether the owner or occupant has a history of investment or improvement at the property.
	§ 111.3.3. Whether the cost of repair or compliance is reasonable in relation to the value of the property and the danger presented by the property.
	§ 111.3.4. Whether enforcement of the code would result in a taking without compensation.
	§ 111.3.5. The length of time any violations have existed.
	§ 111.3.6. Degree of mitigation attempted.
	§ 111.3.7. Number and severity of violations at the property.
	§ 111.3.8. Visibility of violations from the street and neighboring properties.
	§ 111.3.9. Existence of similar conditions at neighboring properties.
	§ 111.3.10. Danger presented by the violations to children or the sick or elderly.

§ 111.4. The Board of Appeals shall have no authority to waive requirements of the Property Maintenance Code except upon a finding of undue hardship made pursuant to §§ 111.1, 111.2 and 111.3.

§ 111.5. The Board of Appeals shall decide appeals based on the vote of a majority of a quorum of the Board.

Section 112, Stop-Work Order, amended to read as follows in Section 112.4:

§ 112.4. Failure to Comply. Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $1,000. Each day that a violation continues shall constitute a separate offense subject to the daily maximum fine.

Chapter 3, General Requirements, amend provisions to read as follows:

(1)

Section 302.4, Weeds, insert "12 inches" in the space provided.

(2)

Insert new Section 302.10, Prohibited Furniture. Furniture which would be adversely affected by the elements and are susceptible to infestation by inserts, rats or other vermin is prohibited from being placed or stores on exterior property. Such prohibited furniture shall include, but is not limited to, upholstered couches, davenports, beds, sofas, chairs, loveseats and any other interior-type fabric covered articles not designed or intended for use in an exterior area.

(3)

Section 304.14, Insect Screens, insert the words, "April 1" to "October 31" in the spaced provided in the first sentence of this section.

(4)

Section 308.2, Disposal of Rubbish, amended to read as follows:

§ 308.2, Disposal of Rubbish. Both the owner and occupant of a structure shall be responsible for the disposal of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.

(5)

Section 308.3, Disposal of Garbage, amended to read as follows:

§ 308.3, Disposal of Garbage. Both the owner and occupant of a structure shall be responsible for the disposal of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.

Chapter 6, Mechanical and Electrical Requirements, amend provisions as follows:

(1)

Section 602.3 insert dates as follows in the space provided: "September 1" to "May 31."

(2)

Section 602.4, Occupiable Work Spaces, insert dates as follows in the space provided: "September 1" to "May 31."