A.
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IMPC Chapter 1, "Scope and Administration," is amended to read as follows:
[Amended by Ord. No. 1227, 5/2/2022] | |||
(1)
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PM-101.1 Title. These regulations shall be known
as the International Property Maintenance Code of
the Borough of Emmaus, hereinafter referred to as "this code."
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(2)
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PM-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 offense, 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 the unlawful occupancy of the structure in violation of the provisions 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.
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(3)
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PM-106.4 Violation Penalties. Any person or entity
who shall violate a provision of this code shall, upon conviction,
be guilty of a summary offense, which shall carry a criminal fine
of not less than $100, nor more than $1,000, plus costs and, in default
of payment of said fine and cost, to a term of imprisonment not to
exceed 30 days. Each day that a violation continues after due notice
has been served shall be deemed a separate offense.
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(4)
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PM-107.3 Method of Service. Such notice shall be
deemed to be properly served if a copy thereof is sent by first-class
mail addressed to the last known address and/or posted at a conspicuous
place on the property.
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B.
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(1)
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PM-302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of
six inches. Noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation, other than trees or
shrubs; provided, however, this term shall not include cultivated
flowers and gardens. Upon failure of the owner or
agent having charge of a property to cut and destroy weeds after service
of a notice of violation, they shall be subject to prosecution in
accordance with Section 106.3 and as prescribed by the authority having
jurisdiction. Upon failure to comply with the notice of violation,
any duly authorized employee of the jurisdiction or contractor hired
by the jurisdiction shall be authorized to enter upon the property
in violation and cut and destroy the weeds growing thereon, and the
costs of such removal shall be paid by the owner or
agent responsible for the property.
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(2)
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PM-304.14 Insect Screens. During the period from
April 1 to September 30, every door, window and other outside opening
required for ventilation of habitable rooms, food
preparation areas, food service areas or any areas where products
to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per
25 mm), and every screen door used for insect control shall have a
self-closing device in good working condition.
Exception: Screens shall not be required where
other approved means, such as air curtains or insect
repellent fans, are employed.
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(3)
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PM-602.3 Heat supply. Every owner and operator of any building who rents, leases
or lets one or more dwelling units or sleeping
units on terms, either expressed or implied, to furnish heat
to the occupants thereof shall supply heat during
the period from October 1 to May 1 to maintain a minimum temperature
of 65° F. (18° C.) in all habitable rooms, bathrooms and toilet rooms.
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(4)
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PM-602.4 Occupiable workspaces. Indoor occupiable
workspaces shall be supplied with heat during the period from October
1 to May 1 to maintain a minimum temperature of 65° F.(18°
C.) during the period the spaces are occupied.
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Exceptions:
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1.
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Processing, storage and operation areas that require cooling
or special temperature conditions.
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2.
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Areas in which persons are primarily engaged in vigorous physical
activities.
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C.
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Chapter 9, "Inspections and Certificates of Occupancy-Existing Structures."
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PM-901. General. Prior to any change in ownership
or tenancy of any dwelling unit or structure used for rent or lease
as a single family attached, detached, semi-detached or multi-family
residential dwelling unit or structure, or of any non-residential
structure, including individual lease areas thereof, (collectively
referred to hereinafter as the "premises"), the Borough of Emmaus
shall inspect the premises for compliance with safety and fire hazard
provisions of the applicable Borough building, plumbing, property
maintenance and fire inspection codes, (hereafter referred to collectively
as the "Borough Codes").
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PM-901.1 The inspections required hereby shall
be conducted after a request therefor has been submitted in writing,
on forms provided, to the Borough of Emmaus Zoning Department.
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PM-901.2 Inspections shall be conducted under the
direction of the Borough of Emmaus Code Enforcement Officer, a representative
of the Fire Department or those designated by Borough Council.
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PM-901.3 The cost of conducting the inspection
shall be paid in advance and shall be the sole responsibility of the
current owner or landlord. The inspection charges shall be consistent
with the fee schedule as set forth in the Fee Schedule of the Borough
of Emmaus as amended from time to time.
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PM-902. Points of Inspection.
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PM-902.1 Single Family Residences. The following
items, in addition to the provisions of the applicable Borough Codes,
will be checked when inspecting an existing single family residential
structure offered for rent or lease:
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a.
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Smoke detectors must exist on every floor level, including basement,
one in each bedroom, and must be operational. Where required, detectors
must be interconnected and battery backup, if constructed after 1993.
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b.
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Stair railings must exist on all stairways; this includes both
sides if a stairway is an open stairway.
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c.
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Visible structural damage of any type on chimneys, windows or
any other areas must be corrected.
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d.
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Proper firewalls must exist on attached units between the units,
these one hour rated fire walls must extend from the ground to the
roof, and all through penetrations must be sealed.
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e.
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If the garage is attached to the house, both the wall and the
ceiling next to living areas must be a minimum 1/2 inch thick gypsum
wall board; also the door leading from the garage to the living area
must be a minimum 1 3/8 inch solid core or steel, including the
doors from the garage to a basement area.
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f.
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There must be a minimum of two wall outlets per room, preferably
located on opposite walls. Floor receptacles are not permitted.
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g.
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The bathroom must have one receptacle which is not part of a
fixture. If a receptacle exists and is not part of a fixture, it does
not have to be made into a G.F.I. receptacle. However, if a new receptacle
is required, it must be G.F.I.
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h.
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Visible electrical violations will be noted in codes adopted
by the Borough of Emmaus and must be corrected, such as missing wall
cover plates, open junction boxes and open splices. The status of
the service line to the meter will be checked and must be in acceptable
condition.
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i.
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Outside electrical service must not have worn or damaged service
cable. Inside electrical panel will be checked for proper grounding,
visible electrical violations, and have all circuits labeled, which
must be corrected.
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j.
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Dryer venting must be to the exterior of the unit or structure
or by some other approved method.
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k.
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Any visible structural damage or suspected structural damage
will result in the recommendation to consult with a structural engineer
for professional review.
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l.
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Outhouse/cistern - in good condition and sealed.
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m.
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Closet lights which are less than 12 inches from an overhead
shelf must either be disconnected or replaced with a surface mounted
or recessed incandescent fixture with a completely enclosed lamp,
or a fluorescent fixture or bulb.
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n.
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An oil burner shut-off switch will be required at the top of
the basement steps or, on single level dwellings, outside the room
containing the oil burner unit.
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o.
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A minimum 60 amp electrical service will be required.
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p.
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Chimney venting must be provided for high efficiency heaters
in unlined chimneys.
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q.
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Street address must be properly displayed, and legible, on exterior
of house and be visible from the street, with a minimum of four-inch
high letters.
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r.
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Windows in sleeping areas must be operational.
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PM-902.2 Multi-Family Units.
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PM-902.2.1 The following items, in addition to
the provisions of the applicable Borough Codes, will be checked when
inspecting an existing multi-family unit for lease:
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a.
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Smoke detectors will be required on all levels and one in each
bedroom. All smoke detectors will be checked for operation, and where
required, must be interconnected and battery backup if built after
1993.
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b.
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Stair railings must exist on all stairways; this includes both
sides if stairway is an open stairway.
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c.
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Visible structural damage on chimneys, windows, or any other
areas must be corrected; this includes replacement of broken or cracked
windows.
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d.
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Proper firewalls must exist on attached units between the units,
extending from the ground to the roof. All through penetrations must
be sealed.
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e.
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There must be a minimum of two wall outlets per room, preferably
located on opposite walls. Floor receptacles are not permitted.
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f.
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Any bathroom receptacles that are part of a fixture must be
disconnected, and at least one GFI receptacle must be provided.
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g.
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Visible electrical violations will be required to be corrected,
such as missing wall cover plates, open junction boxes, open splices,
open breaker slots, and open splices.
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h.
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There must be tenant access to the electrical panel box. All
boxes must be labeled.
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i.
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Dryer venting must be to the exterior of the structure or other
approved method.
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j.
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Windows in sleeping areas must be operational.
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k.
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A minimum sixty-watt incandescent light bulb must be provided
in hallways and stairs for each 200 square feet of floor area in the
egress portion of the structure.
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l..
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Street address or unit address must be properly displayed and
legible, on exterior of unit with a minimum four-inch high numerals
or letters.
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Bathrooms must have an operational window and/or a mechanical
exhaust fan that is vented to the outside of the structure.
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n.
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Hallways and stairs must be free of all obstructions.
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o.
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All emergency lights and exits must be operable.
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p.
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All fire rated doors and assemblies must be maintained as per
Borough Codes. This includes the doorframes, door locks, self-closing
devices, and panic hardware.
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q.
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Fire extinguishers must be charged and accessible.
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r.
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If the garage is attached to the structure, both the wall and
the ceiling next to living areas must be a minimum of 1/2 inch thick
gypsum wallboard; also the door leading from the garage to the living
area must be a minimum 1 3/8 inch solid core or steel, including
the doors from the garage to a basement area.
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PM-902.2 In addition to those items listed in PM-902.2.1,
the following items, in addition to the provisions of the applicable
Borough Codes, will be required to be corrected when a multi-family
structure is offered for sale.
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a.
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Proper firewalls must extend from the ground to the roof, including
attic areas.
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b.
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Exterior of building must be free of rubbish, and there may
be no obstruction of exterior stairs.
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c.
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Door locks must be per codes, and operational.
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d.
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All doors must swing in the direction of egress when serving
an occupant load of more than 50 persons. Doors must open easily and
may not be wedged opened.
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e.
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Doors must have proper hardware, and passageways must be free
of obstructions.
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f.
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All emergency lights and exits must be operable. All Fire alarm
devices and associated equipment must be operable.
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g.
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All sprinkler systems must be up to date on the required inspections
for fire suppression systems.
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h.
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Where required by code, doors must have operational self-closures,
and there may not be any openings in ceilings and walls.
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i.
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Elevator doors must be tight and operational and must have a
Pennsylvania certificate of operation on file.
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j.
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All storage areas must be neat, and any storage area of flammable
liquid must be per code.
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k.
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All boiler, heating and mechanical rooms must be clean with
proper fire separation and adequate ventilation.
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l.
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Fire extinguishers must be properly inspected, there must be
the proper amount, size and number of extinguishers. They must be
accessible.
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PM-902.3 Commercial and/or Industrial Space. For
all commercial and/or industrial establishments offered for sale or
lease, an inspection is required by the Building and/or Fire Inspector,
or Fire Chief. This inspection will require modifications if there
are code violations or particular items that need to be addressed
pertaining to the specific use proposed for the structure. No such
structure or space may be used or occupied for business unless and
until a certificate of occupancy has been issued.
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PM-903. Abatement of Violations.
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1.
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In the event that violations of the Borough Code exist in or
upon the premises, such violations shall be addressed by either:
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a.
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The current owner or landowner abating the violations prior
to the transfer of ownership of the premises or prior to the tenant
occupying the premises; or
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b.
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The new owner or new tenant executing, and notarizing, a statement
to the effect that (1) the extent of the violations have been made
known to such new owner or tenant; and (2) that such new owner or
tenant shall begin to abate the violations within 30 days of taking
possession.
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2.
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The form of statement shall be prescribed by the Borough of
Emmaus and shall have attached thereto the violations noted during
the Borough's inspection.
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PM-904. Certificate of Occupancy. Prior to the
new owner or tenant occupying the premises, or contemporaneously therewith,
such new owner or tenant shall secure from the Borough a certificate
of use and occupancy. A certificate of use and occupancy shall not
be issued unless the inspection required by this section has been
completed and all violations are abated pursuant to the provision
of § PM-903. A temporary certificate of use and occupancy
may be issued in the discretion of the Code Enforcement Officer, Fire
Department representative, or the Borough Council's designee, when
a tenant or new owner takes possession of the premises; so long as
corrections or modifications are commenced and pursued with reasonable
diligence and within the time limits specified on the face of the
temporary certificate of use and occupancy.
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PM-905. No Warranty. By conducting the inspection
pursuant to this section, the Borough of Emmaus does not warrant or
guarantee the complete safety or suitability of the dwelling, unit
or structure, purchased or leased. In no event shall the Borough be
liable for any damages, either direct, indirect, incidental or consequential
as a result of any inspection or failure to inspect or other matter
related to the implementation or enforcement of this Code or any part
thereof. The Borough of Emmaus specifically makes no guarantees or
warranties of any kind, express or implied, including the warranty
of habitability or suitability for a particular purpose.
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PM-906. Prohibited Furniture and Appliances for Outdoor
Use.
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1.
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Prohibited Furniture and Appliances. Interior-type furniture
and appliances which would be adversely affected by the elements and/or
susceptible to infestation by insects, rats, or other vermin are prohibited
from being placed outside a structure. Such prohibited furniture and
appliances shall include, but shall not be limited to, upholstered
couches and chairs or other fabric-covered articles not designed or
intended for exterior use, as well as any refrigerator, stove, freezer,
or other appliance not manufactured to be utilized outdoors.
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2.
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Removal of Abandoned or Prohibited Furniture or Appliances. When the Code Official or his designee determines that prohibited or abandoned furniture or appliances are located in an exterior property area, the Code Official or his designee shall cause the landowner, the owner of the furniture, or other reasonable person to be notified. If the prohibited or abandoned furniture or appliance is not removed within the time period set forth in such notice, the Borough may cause the abandoned or prohibited furniture or appliance to be removed and the owner of the furniture or appliance or the landowner to be billed for the cost thereof in accordance with the provisions of this Code. If the cost of removal is not paid within 15 days, the Borough may impose a lien for the costs of said removal in accordance with applicable provisions of this Code. Further, the Code Official or his designee is hereby empowered and authorized to collect the costs of removal by filing a civil action against the owner of the real estate or the owner of the furniture or appliance or a reasonable person. Any violation of this section shall be subject to the penalties in Chapter 5, Part 7, § 5-701, Violations and Penalties, of the Emmaus Borough Code.
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D.
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Chapter 10, "Abandoned Real Property and Blighted
Property Registration."
[Added by Ord. 1152, 1/16/2017] | ||
PM-1001. Purpose and Intent. It is the purpose
and intent of the Borough to establish a process to address the deterioration
and blight of Borough neighborhoods caused by an increasing amount
of abandoned, blighted, foreclosed or distressed real property located
within the Borough, and to identify, regulate, limit, and reduce the
number of abandoned or blighted properties located within the Borough.
It is the Borough's intent to establish a registration and inspection
program as a mechanism to protect neighborhoods from becoming blighted
due to the lack of adequate maintenance and security of abandoned
and foreclosed properties.
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PM-1002. Definitions. The following words, terms
and phrases, when used in this section, shall have the meanings ascribed
to them in this section, except where the context clearly indicates
a different meaning.
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ABANDONED REAL PROPERTY — Any real property located in
the Borough, whether vacant or occupied, for which the owner is in
default on a mortgage encumbering the property, has had a pending
legal action or formal notice filed against it by the lender holding
the mortgage on the property, is subject to an ongoing foreclosure
action by the lender, is subject to an application for a tax deed
or pending tax assessors lien sale, and/or has been transferred to
the lender under a deed in lieu of foreclosure. The designation of
a property as "abandoned" shall remain in place until such time as:
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(1)
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The foreclosure action has been dismissed; or
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(2)
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Any default on the mortgage has been cured.
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ACCESSIBLE PROPERTY/STRUCTURE — A property that is accessible
through a compromised/breached gate, fence, wall, etc., or a structure
that is unsecured and/or breached in such a way as to allow access
to the interior space by unauthorized persons.
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ADOPTED CODES — Means, but is not limited to, the Borough's
Zoning Ordinance, Property Maintenance Code, Uniform Construction
Code ("UCC"), and/or any other applicable Borough ordinance, regulation
or resolution regulating the maintenance and upkeep of properties,
and including, with respect to all, any amendments or successor ordinances,
editions or resolutions thereto.
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BLIGHTED PROPERTY —
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1.
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A property that has broken, severely damaged or unmaintained
windows, doors, gutters, downspouts, walls, roofs, accessory structures,
pools, sheds, or garages which create hazardous conditions and encourage
trespassing, including accessible properties/structures; or
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2.
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Properties whose maintenance, including but not limited to maintenance/compliance
with the maintenance/compliance with the International Property Maintenance
Code or any successor codes or editions, is not in conformance with
the maintenance of other neighboring properties, causing a decrease
in value of the neighboring properties; or
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3.
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Properties that endanger the public's health, safety, or welfare
because the properties or improvements therein are dilapidated, deteriorated,
or violate minimum health and safety standards or lack maintenance
as required by the adopted codes.
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ENFORCEMENT OFFICER — Any law enforcement official, Zoning
Officer, Code Enforcement Officer, Fire Inspector, Building Inspector,
Health Officer, or other person authorized by the Borough or applicable
law to enforce the adopted codes.
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OWNER — Any person, legal entity or other party having
any ownership interest, whether legal or equitable, in real property.
This term shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
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PROPERTY MANAGEMENT COMPANY — A local property manager,
local property maintenance company or similar local entity responsible
for the maintenance of abandoned real property, including but not
limited to an adult individual designated by the owner of a regulated
rental unit under this section.
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VACANT — Any building or structure that is not legally
occupied.
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PM-1003. Applicability. The provision of this section
shall be considered cumulative and shall not supersede or be limited
by any other law or provision for same, but rather be an additional
remedy available to the Borough and beyond any other state, county,
or local provisions for same.
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PM-1004. Establishment of a Registry. The Borough
or its designee shall establish a registry cataloging each abandoned
real property and blighted property within the Borough, containing
the information required by this section.
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PM-1005. Registration of Abandoned Real Property and Blighted
Property.
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a)
|
Upon default by the mortgagor of any mortgage encumbering real
property located within the Borough, the mortgagee who holds a mortgage
on the real property shall perform an inspection of the property to
determine vacancy or occupancy. The mortgagee shall, within 10 days
of the inspection, register the property with the Borough, or its
designee, on forms provided by the Borough, and indicate whether the
property is vacant or occupied. A separate registration is required
for each property, whether it is found to be vacant or occupied.
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b)
|
If the property is occupied but the owner remains in default
of the mortgage, the property shall be inspected by the mortgagee
or its designee on a monthly basis until the earlier of (1) the mortgagor
or other party remedies the default, or (2) the property is found
to be vacant or shows evidence of vacancy, at which time the property
shall be deemed to be abandoned, and the mortgagee shall, within 10
days of the inspection revealing the property to be vacant, update
the property registration provided by the Borough to note a vacant
status of the property. Such update shall be on forms provided by
the Borough.
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c)
|
Real property that was vacated prior to the enactment of this
section shall be registered with the Borough within 30 days after
enactment of this section as a vacant property and be subject to the
provisions of this section.
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d)
|
Registration pursuant to this section shall contain the name
of the owner and mortgagee, the direct mailing address (post office
boxes are not permitted) of the owner (if known) and mortgagee, a
direct contact name and telephone number for both parties, facsimile
number and e-mail address for both parties, the Lehigh County tax
identification number of the property, and the name and twenty-four-hour
contact phone number of the property management company responsible
for the security and maintenance of the property.
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e)
|
If the owner or mortgagee is not a full-time resident of the
Borough or does not live or maintain an office within a thirty-mile
radius of Borough Hall, then the owner or mortgagee shall designate
a property maintenance company to serve as manager. The property management
company shall be located within a thirty-mile radius of the Borough
Hall. If the owner or mortgagee is a corporation, limited liability
company or other entity that is not a partnership, an independent
property management company shall be appointed unless an officer of
the corporation, limited liability company or other nonpartnership
entity is appointed to manage the property and such officer lives
within a thirty-mile radius of the Borough Hall. If the owner or mortgagee
is a partnership of any type, a property maintenance company shall
be required if a partner that is an adult individual does not reside
within a thirty-mile radius of the Borough Hall. Said partner shall
perform the same function as a property management company. If the
owner or mortgagee is a trust or an estate, an independent property
management company shall be appointed unless a fiduciary of the trust
or estate is appointed to manage the property and such fiduciary lives
within a thirty-mile radius of the Borough Hall. The property management
company shall be the agent of the owner and shall be authorized to
accept service of process and receiving of notices and demands on
behalf of the owner or mortgagee, as well as for performing the obligations
of the owner or mortgagee, as applicable, under this section.
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f)
|
In addition to the required designated agent of a property management
company under PM-1005(e) above, an owner may designate a property
management company to serve all of the same purposes of the owner
by registering the name of the property management company with the
Borough. If a property management company is designated by the owner,
then the Borough is not required to provide separate notice to the
owner.
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g)
|
A nonrefundable annual registration fee, as enumerated in the
Borough Fee Schedule, shall accompany the registration form.
| ||
h)
|
All registration fees must be paid directly from the mortgagee,
servicer, trustee, or owner. Third-party registration fees are not
allowed without the consent of the Borough of Emmaus and/or its authorized
designee.
| ||
i)
|
This section shall also apply to properties that have been the
subject of a foreclosure sale where the title was transferred to the
beneficiary/holder of a mortgage involved in the foreclosure and any
properties transferred under a deed in lieu of foreclosure/sale.
| ||
j)
|
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section, as long as they remain classified as abandoned
real property and/or blighted property pursuant to the terms of this
section.
| ||
k)
|
Any person or legal entity that has registered a property under
this section must report any change of information contained in the
registration within 10 days of the change.
| ||
l)
|
Failure of the mortgagee and/or owner to properly register or
to modify the registration form from time to time to reflect a change
of circumstances as required by this section is a violation of the
section and shall be subject to enforcement.
| ||
m)
|
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this section, the Borough is
authorized to take the necessary action to ensure compliance with
the adopted codes and place a lien on the property for the cost of
the work performed to benefit the property and bring it into compliance.
| ||
n)
|
The legal name, mailing address, e-mail address, daytime physical
address (not a post office box), and daytime and evening telephone
number(s) of a property management company who is designated as the
manager shall be provided in writing by the owner or mortgagee, as
applicable, to the Borough of Emmaus, and such information shall be
kept current and updated within 10 business days after it changes.
| ||
o)
|
If a mortgagee on a property is in default or the property has
been declared and/or certified blighted, and the property has become
vacant, a property management company shall be designated by the owner
or mortgagee to perform the work necessary to bring the property into
compliance with the adopted codes, and the property manager must perform
regular inspections to verify compliance with the requirements of
this section, and any other applicable laws.
| ||
p)
|
Blighted property shall be subject to the registration and other
requirements of this section.
| ||
PM-1006. Maintenance Requirements.
| |||
a)
|
Abandoned real properties and blighted properties shall be maintained
in a condition compliant with the adopted codes.
| ||
b)
|
Abandoned real properties and blighted properties shall be kept
free of weeds, snow, ice, overgrown brush, dead vegetables, trash,
junk, debris, building materials, any accumulation of newspapers,
circulars, flyers, notices, except those required by federal, state
or local law, discarded personal items, including, but not limited
to, furniture, clothing, large and small appliances, inoperable vehicles,
printed material or any other items that give the appearance that
the property is vacated.
| ||
c)
|
Abandoned real properties and blighted properties shall be kept
free of (i) chipped or peeling paint and (ii) deteriorated/broken
windows, walls, foundations and roofs, and shall comply with the regulations
set forth in the adopted codes. No property shall be permitted to
be in a condition that would make such property an accessible property/structure
under this section.
| ||
d)
|
The exterior of abandoned real properties and blighted properties
shall be maintained free of graffiti or similar markings by removal
or painting over with an exterior grade paint that matches the color
of the balance of the exterior of the structure constructed on the
property. All properties shall meet the requirements of Ordinance
No. 1121.
| ||
e)
|
Front, side, and rear yards, including landscaping and fencing,
shall be maintained in accordance with the adopted codes.
| ||
f)
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Yard maintenance shall include, but not be limited to, regular
maintenance of grass, trees, ground covers, brush, shrubs, hedges
or similar plantings, decorative rock or bark or artificial turf/sod
designed specifically for residential installation. Acceptable maintenance
of yards and/or landscape shall not include allowance of weeds, gravel,
and/or broken concrete, asphalt or similar material.
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g)
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Required maintenance shall include, but not be limited to, regular
watering, irrigation, cutting and mowing of required ground cover
or landscape and lawful removal of all trimmings, as well as snow
removal from public sidewalks.
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h)
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Pools and spas shall be maintained so that the water remains
free and clear of pollutants and debris. The pools and spas shall
comply with the regulations set forth in the adopted codes.
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i)
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Sheds, garages, outbuildings and other nonprimary structures
shall be maintained in accordance with the adopted codes, and such
maintenance obligation shall include, but not be limited to, keeping
the structure free of pollutants, debris, clutter and hazards to the
public health and safety, keeping the structure secure, free from
peeling or chipping paint and/or deteriorated windows, doors, walls,
foundations and roofs.
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j)
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In addition to the above, the property and all structures thereon
are required to be maintained in accordance with all adopted codes
of the Borough.
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PM-1007. Security Requirements.
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a)
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Abandoned real properties and blighted properties shall be maintained
in a secure manner so as not to be accessible properties/structures
pursuant to this section.
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b)
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A "secure manner" shall include, but not be limited to, the
closure and locking of windows, doors, gates and other openings of
such size that may allow human children or adults, felines, rodents,
canines or other animals to access the interior of the property or
structure. Broken windows, doors, gates and other openings of such
size that may allow human children or adults, felines, rodents, canines
or other animals to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
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c)
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In addition to the above, the property is required to be secured
in accordance with all adopted codes of the Borough.
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PM-1008. Inspections for Violations. Nothing in
this section shall preclude the Borough from independently ordering
any person causing a public nuisance to abate the public nuisance,
including nuisances relating to abandoned real property or blighted
property. In the event that the person fails to abate the public nuisance,
the Borough shall have the authority to enter upon the property and
abate the public nuisance or to institute a suit or suits in law or
in equity to restrain or prevent violation of this section, including
but not limited to seeking a preliminary injunction, or by seeking
other legal relief from a court of competent jurisdiction. The Borough
shall be entitled to recover the expenses of abatement and all reasonable
attorney's and expert witness fees.
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PM-1009. Inspections for Violations. Adherence
to this section does not relieve any person, legal entity or agent
from any other obligations set forth in any adopted codes which may
apply to the property. Properties that remain abandoned and/or blighted
for one year or more may be inspected annually by the Borough. Inspections
may occur more frequently depending on complaints, necessity, and/or
violations of the adopted codes. Inspection fees shall be in accordance
to the fee schedule.
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PM-1010. Additional Authority.
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a)
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If the Enforcement Officer has reason to believe that an abandoned
real property or a blighted property is posing a threat to the public
health, safety and welfare, the Borough may secure the property at
the expense of the mortgagee and/or owner, and a municipal claim or
lien for costs associated with the security activity shall be filed
and a municipal citation filed for the violations, as soon as practicable,
to address the conditions of the property.
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b)
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The Borough or Magisterial District Judge shall have the authority
to require the mortgagee and/or owner of record of any property affected
by this section to implement additional maintenance and/or security
measures, including, but not limited to, securing any and all doors,
windows or other openings, employment of an on-site security guard
or other measures as may be reasonably required to help prevent further
decline of the property.
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c)
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If there is a finding that the condition of the property is
posing a threat to the public health, safety and welfare, then the
Borough may abate the violations. The owner and/or mortgagee shall
be charged with the cost of the abatement.
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d)
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If the mortgagee or owner does not reimburse the Borough for
the cost of securing the property, or of any abatement directed by
the Borough or Magisterial District Judge, within 30 days of the Borough
sending the mortgagee or owner the invoice, then the Borough may lien
the property with such cost, along with an administrative fee of up
to 20% of the expenses incurred by the Borough.
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PM-1011. Opposing, Obstructing Enforcement Officer; Penalty. It shall be unlawful to oppose, obstruct, fail to follow the instructions
of or resist any enforcement officer or any person authorized by the
enforcement officer in the discharge of duties as provided in this
section. Each such offense shall be punishable as provided in the
adopted codes or by a court of competent jurisdiction.
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PM-1012. Immunity of Enforcement Officer. Any enforcement
officer or any person authorized by the Borough to enforce this section
shall be immune from prosecution, civil or criminal, for reasonable,
good faith entry upon real property while in the discharge of duties
imposed by this section.
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PM-1013. Penalties.
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a)
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Any person who shall violate the provisions of this section
may be cited and fined as provided in the applicable sections of the
Pennsylvania Borough Code, as amended, including without limitation
Sections 32A04 and 3321,[1] relating to enforcement of the Property Maintenance Code
and fines and penalties, respectively.
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b)
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After the owner or mortgagee is given notice of the amount of
the registration fee due, and the owner or mortgagee fails to pay
the amount due, said amount shall constitute a debt due and owing
the Borough, and the Borough may commence a civil action to collect
unpaid debt.
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c)
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After the owner or mortgagee is given notice of the amount of
the registration fee due, and the owner or mortgagee fails to pay
the amount due, said amount shall constitute a debt due and owing
to the Borough, and shall constitute a lien.
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d)
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The failure or refusal for any reason of any owner or mortgagee,
or agent of an owner or mortgagee acting on behalf of the owner or
mortgagee, to register an abandoned property and/or blighted property
or to pay any fees required to be paid pursuant to the provisions
of this section, within 30 days after they become due, shall constitute
a summary criminal violation punishable upon conviction thereof by
a fine in an amount not to exceed the sum of $1,000 for each violation
hereof. Fines shall not be subject to suspension or reduction for
any reason. Each day or any portion thereof in which a violation is
found to exist shall be considered a separate offense under this section.
Likewise, each subsection of this section which is found to be violated
shall be considered a separate offense.
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e)
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In addition to or in lieu of an enforcement action before a
Magisterial District Judge or imposition of penalties, the Borough
may enforce this section as an equity action in the Lehigh County
Court of Common Pleas, and nothing contained herein shall be construed
to limit the Borough's remedies as authorized by law for the enforcement
of this section.
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