[Ord. 2004-04, 7/7/2004, § 1]
This Part shall be known and may be cited as the "Penn Township
Construction Code Ordinance."
[Ord. 2004-04, 7/7/2004, § 2; as amended by Ord.
2014-01, 2/24/2014, § 1]
1. By Act 45 of 1999, the Pennsylvania Legislature provided for the
adoption of a Pennsylvania Uniform Construction Code and directed
the Department of Labor and Industry to promulgate regulations for
the Uniform Construction Code. In 2002, the Department of Labor and
Industry adopted final regulations governing certification and training
of persons to administer the Uniform Construction Code. The Department
of Labor and Industry issued final regulations for administration
of the Uniform Construction Code on January 10, 2004, which required
all municipalities within the Commonwealth to determine whether the
municipality would elect to administer and enforce the Uniform Construction
Code by enacting an ordinance on or before July 8, 2004. On July 7,
2004, the Board of Supervisors enacted Ord. 2004-04, the Penn Township
Construction Code Ordinance.
2. +The Penn Township Construction Code Ordinance incorporated Department
of Labor and Industry regulations which required permits for accessory
structures exceeding 500 square feet and for numerous specifically
identified repairs and alteration of residential structures. By Act
92 of 2004, which was signed in the Pennsylvania House and Pennsylvania
Senate on July 4, 2004, and approved by the Governor on July 15, 2004,
the Legislature amended Act 45 of 1999, to completely exempt accessory
residential structures and repairs to residential buildings and alterations
to residential buildings which do not make structural changes or changes
to means of egress. Act 92 of 2004, authorized municipalities to enact
ordinances to require permits for such structures, repairs, and alterations.
The Board desires to amend the Penn Township Construction Code Ordinance
to require permits for certain alterations to residential dwellings.
[Ord. 2004-04, 7/7/2004, § 3; as amended by Ord.
2007-04, 3/12/2007, § 1]
1. The Township hereby adopts the standards which the Pennsylvania Department
of Labor and Industry has adopted as the Pennsylvania Uniform Construction
Code identified in § 403.21 of the L&I regulations,
as such regulations and standard codes adopted by such regulations
may be amended from time to time, as the Penn Township Construction
Code with the following additions to the International Building Code/2006
or such future edition of the International Building Code as may be
adopted from time to time:
A. Section 202, Definitions, shall be amended by inserting the following
definitions in alphabetical order:
BUILDING CODE OFFICIAL
A Township official or a third party agency appointed by
the Township certified by L&I under § 103 of the Pennsylvania
Construction Code Act. The term includes an individual certified in
a category established under Chapter 401 of the L&I regulations
to manage building code enforcement activities, supervise building
inspectors or plans examiners, issue building permits, occupancy permits,
notice of violations and orders to vacate, and initiate prosecutions.
CONSTRUCTION CODE OFFICIAL
A Township official certified by L&I under § 103
of the Pennsylvania Construction Code Act in an appropriate category
established under § 701(b) of the Pennsylvania Construction
Code Act to perform plan review of construction documents, inspect
construction or administer and enforce codes and regulations in that
category under the Pennsylvania Construction Code Act or related statutes.
DEP
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
INTERMUNICIPAL AGREEMENT
The agreement among Mount Joy Borough, Manheim Borough, Penn
Township and Rapho Township, establishing the Mount Joy Borough, Manheim
Borough, Penn Township and Rapho Township Joint Appeals Board.
L&I
The Department of Labor and Industries of the Commonwealth
of Pennsylvania.
L&I REGULATIONS
All regulations adopted by L&I to implement the Pennsylvania
Construction Code Act.
TOWNSHIP
The Township of Penn, Lancaster County, Pennsylvania.
B. Section 1612.3 is amended by inserting "Penn Township" and "April
19, 2005" the respective blanks.
C. Section 3410.2 is amended by inserting the date of January 1, 2004,
for residential dwellings and January 1, 2004, for nonresidential
structures.
[Ord. 2004-04, 7/7/2004, § 4; as amended by Ord.
2014-01, 2/24/2014, § 2]
1. The Township hereby adopts the provisions of Chapter
1, Administration, of the International Building Code/2003 and the provisions of the L&I regulations set forth below to govern administration and enforcement of the Penn Township Construction Code. The provisions of this Construction Code govern if there is a conflict with the provisions of the Codes set forth in § 403.21 of the L&I regulations or the L&I regulations relating to administration or enforcement. Changes from the International Building Code/2003, Chapter
1, and the L&I regulations to the Penn Township Construction Code are as follows:
A. Section 101.1. Insert "Township of Penn, Lancaster County, Pennsylvania."
B. Section 101.2 shall provide as follows:
(1)
101.2 Scope. These regulations shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of all buildings and structures and shall apply to existing or proposed structures except as such matters are otherwise provided for in other ordinances or statutes, including, but not limited to, the Township Zoning Ordinance [Chapter
27], Subdivision and Land Development Ordinance [Chapter
22], Stormwater Management Ordinance [Chapter
23] or in the rules and regulations authorized for promulgation under the provisions of this Construction Code. Whenever there is a conflict between the provisions of this Construction Code and any other Township ordinance, including, but not limited to, the Zoning Ordinance [Chapter
27], it is the intent of the Board of Supervisors that the more stringent requirement shall apply. All construction which the Pennsylvania Construction Code Act or the L&I regulations exempt from compliance with the Uniform Construction Code are exempt from the provisions of this Construction Code. Items exempted from compliance with the Uniform Construction Code by §§ 403.1(b) and 403.1(e) of the L&I regulations do not have to comply with the Construction Code but shall comply with all other applicable Township ordinances.
C. Section 101.3 shall be amended by adding the following sentence to
the existing section: It is the further intent of the Board of Supervisors
that all construction within the Township shall comply with the provisions
of the Americans with Disabilities Act and all applicable regulations
to implement the Americans with Disabilities Act promulgated by federal
and state regulatory agencies and with the Code requirements for Housing
Accessibility, and this Code shall be interpreted in a manner which
fulfills this intent. It is also the further intent of the Board of
Supervisors to comply with the requirements of the Pennsylvania Construction
Code Act and the L&I regulations.
D. Section 101.4.5 shall be deleted in its entirety.
E. Section 103, Department of Building Safety, shall be deleted in its
entirety and a new § 103, Administration, shall be inserted
which shall provide as follows:
(1)
103.1 Building Official. The Board of Supervisors shall appoint
a person or persons to serve as a building code official and a construction
code official as those terms are defined in the L&I regulations.
Both the building code official and the construction code official
shall be considered the building official as such term is defined
and used in this Construction Code.
(2)
103.2. Powers and duties of building code official and construction
code official. The building code official shall have all powers set
forth in the L&I regulations and shall have the powers and duties
of the building official set forth in this Construction Code. The
construction code official shall have the powers set forth in the
L&I regulations and may also have the powers of the building official
set forth in this Construction Code. The respective duties and responsibilities
of the building code official and the construction code official shall
be determined by the Board of Supervisors and shall be within the
limitations of any certifications required or issued by L&I.
(3)
103.2.1. The building code official shall serve at the pleasure
of the Board of Supervisors. The building code official shall provide
supervision of the construction code official, receive uniform construction
code permit applications, address citizen inquiries, concerns and
complaints, issuing building permits, occupancy permits, and manage
code enforcement activities, including, but not limited to, issuing
notice of violations and orders to vacate, and initiation of prosecutions.
(4)
103.2.2. The construction code official shall serve at the pleasure
of the Board of Supervisors. The construction code official shall
perform plan review of construction documents, issue Construction
Code permits, inspect construction, provide the building code official
with reports of inspections and recommendations upon issuance of certificates
of occupancy, and administer and enforce this Construction Code.
(5)
103.3 Organization. The Board of Supervisors shall appoint such
other officers, technical assistants, inspectors and other employees
as shall be necessary for the administration of this Construction
Code.
F. Section 104.4 shall be amended by inserting the following language
after the first sentence: The building official shall have the right
to reject any report performed by any individual or agency unless
the permit holder has requested and obtained the prior approval of
the building official for such individual or agency to perform such
inspection. Any individual or agency performing such inspection and
providing such report shall demonstrate to the satisfaction of the
building official that such individual or agency has obtained all
necessary certifications from L&I.
G. Section 104.8 shall provide as follows:
(1)
104.8 Liability. The Township and the building official shall
have all immunities and rights granted by the Pennsylvania Judicial
Code, including but not limited to Chapter 85.
H. Sections 105, Permits, 106, Construction Documents, and 111, Service Utilities, of Chapter
1 of the International Building Code/2003 shall not be a part of the Township Construction Code. The Township hereby adopts and incorporates §§ 403.41, 403.42, 403.42a, 403.43, 403.44, 403.47, 403.48, 403.61, 403.62, 403.62a, 403.63 and 403.66 of the L&I regulations to govern applications for and issuance of Construction Code permits for nonresidential and residential construction with the changes set forth below:
(1)
Sections 403.42(a) and 403.62(a) shall be amended by inserting
the following at the end of the existing sections: It shall be the
joint responsibility of the owner, lessee, if any, and the contractor
to determine that a Construction Code permit (and all other required
permits and approvals) has been obtained before performing any work.
It shall be unlawful for any contractor or subcontractor to perform
any work for which a Construction Code permit is required unless the
owner and contractor obtain and post a Construction Code permit as
required by this Construction Code.
(2)
Sections 403.42a(b) and 403.62a(b) shall be amended by inserting
the following at the end of the existing sections: At the time of
filing an application for a Construction Code permit, the applicant
shall present to the building code official adequate evidence that
the applicant has obtained from all governmental authorities having
jurisdiction, all permits, licenses, approvals and/or variances required
in connection with the proposed use, occupancy, construction, enlargement,
alteration or demolition. Such agencies shall include, but not be
limited, to the Zoning Officer, Zoning Hearing Board, Lancaster County
Conservation District, State Police Fire Marshal, DEP, L&I, and
the Pennsylvania Departments of Community and Economic Development
and Transportation. No application for a Construction Code permit
is complete without a copy of any required zoning permit and proof
of any required subdivision and/or land development approval, stormwater
management plan approval.
(3)
Sections 403.43(h) and 403.63(h) shall be amended by inserting
the following at the end of the existing sections: The applicant shall
post a copy of the Construction Code permit at a location on the property
clearly visible to members of the public.
(4)
In addition to all types of construction, placement of structures,
repairs, and alterations for which the Uniform Construction Code requires
a permit, the Township pursuant to the authorization of Act 92 of
2004, shall require persons to obtain permits under the Penn Township
Construction Code for the following:
(a)
The conversion of any residential storage basement into residential
living space.
I. A new § 108.1.2 shall be inserted which shall provide as
follows:
(1)
108.1.2 Time of Payment of Fees. Applicants for permits under
this Construction Code shall pay to the Township at the time of application
all fees established for the review of the application and plans.
Prior to the issuance of a Construction Code permit, applicants shall
pay to the Township or, if so directed by the Township, pay to the
construction code official, the estimated fees for all inspections
required. If additional inspections become necessary during the course
of construction, applicants shall reimburse the Township and/or the
construction code official for all such costs within 15 days after
the date of an invoice for such costs. Applicants shall pay to the
Township or, if so directed by the Township to the construction code
official, costs incurred for all inspections required during the course
of construction prior to the issuance of a certificate of use and
occupancy for the structure for which a Construction Code permit has
been issued.
J. Section 108.4 shall be revised to provide:
(1)
108.4. Work commencing before permit issuance. Any person who
commences any work on a building, structure, electrical, gas, mechanical
or plumbing system before obtaining the necessary Construction Code
permits shall be subject to an additional fee for expedited processing
which shall be equal to the fee which should have been paid at permit
application. The expedited processing fee shall be paid in full in
addition to the normal application fee prior to the issuance of a
Construction Code permit.
K. Section 108.6 shall be deleted in its entirety.
L. Sections 109.3, 109.4, 109.5, and 109.6 of the International Building
Code/2003 shall be deleted and the Township hereby adopts §§ 403.45,
403.64, and 403.86 of the L&I regulations governing inspections
with the changes set forth below:
(1)
Sections 403.64(g) shall be deleted in its entirety.
M. Section 110, Certificate of Occupancy, of the International Building
Code/2003 is deleted. The Township adopts Sections 403.46 and 403.65
of the L&I regulations governing certificates of occupancy. Sections
403.46 and 403.65 of the L&I regulations are amended as follows:
(1)
Section 403.46(b) is amended by adding the following subsections:
(10) A statement that the issuance of a certificate of occupancy shall
not be deemed permission to occupy the structure or commence a use
if any other ordinance requires the issuance of a permit or certificate
prior to use and occupancy.
(2)
Section 403.65(b) is amended by adding the following subsections:
(9) A statement that the issuance of a certificate of occupancy shall
not be deemed permission to occupy the structure or commence a use
if any other ordinance requires the issuance of a permit or certificate
prior to use and occupancy.
N. Section 112, Board of Appeals, shall be amended in its entirety to
provide as follows:
(1)
112.1 Board of Appeals. The Township hereby appoints the Joint
Appeals Board as the Board of Appeals under the Penn Township Construction
Code. Members of the Joint Appeals Board shall be selected in accordance
with the Intermunicipal Agreement.
(2)
112.2 Authority of Board of Appeals. The Board of Appeals shall
hear and rule on appeals, requests for variances and requests for
extensions of time. An application or appeal shall be based upon,
and the Board of Appeals in making its decisions shall consider, those
factors set forth in the L&I regulations.
(3)
112.3 Membership of Board of Appeals. A member of the Board
of Appeals shall be qualified by training and experience to pass on
matters pertaining to building construction. Members of the Board
of Supervisors may not serve on the Board of Appeals. A Board of Appeals
member may not cast a vote or participate in a hearing in any appeal,
request for variance or request for extension of time in which the
member has a personal, professional or financial interest.
(4)
112.4 Operation of Board. The Board of Appeals may establish
policies and procedures necessary to carry out its duties in accordance
with the Intermunicipal Agreement. The Board shall annually select
one of its members to serve as chairperson and one of its members
to serve as vice chairperson. The Board of Appeals shall keep minutes
of its meetings and file a written decision on all appeals under this
Construction Code. The Board of Appeals shall provide notice of and
conduct its meetings in accordance with the Sunshine Act, 65 Pa.C.S.A § 701
et seq.
(5)
112.5 Procedures for Applications and Appeals. Any person desiring
to file an application or appeal to the Board of Appeals may file
such appeal with the building code official. All applications and
appeals to the Board of Appeals shall be in writing and shall specify
the section of this Construction Code from which relief is sought
or the action of the building official which is the subject of the
appeal. The written application or appeal shall state all of the grounds
for the application or appeal and shall include any necessary plans
or specification to provide the Board of Appeals with information
to evaluate the application or appeal and shall include the fee. No
application appeal will be considered complete without the necessary
appeal fee. Any appeal from a determination of the building official
shall be filed within 20 calendar days of the determination.
(6)
112.5.1 Hearings. An applicant or appellant who desires to present
testimony to the Board of Appeals shall request a hearing in the application
or appeal. If the applicant or appellant does not request a hearing,
it will be assumed that the Board of Appeals may render its determination
based on the written information submitted with the application or
appeal and any additional information available to members of the
Board of Appeals.
(7)
112.5.2 Parties. The Township shall be considered a party to
all appeals or applications filed with the Board of Appeals. Other
persons affected by the appeal or application who have made timely
appearances of record may also be recognized as parties to the appeal
or application.
(8)
112.5.3 Decision. The Board of Appeals shall render its decision
in writing within any time periods imposed in state laws or L&I
regulations. The Board of Appeals shall provide the applicant or appellant,
the building official and the Township with copies of the appeal.
O. Section 113, Violations, shall provide as follows:
(1)
113.1 Unlawful Acts. It shall be unlawful for any person, firm
or corporation to erect, construct, alter, extend, repair, remove,
demolish, use or occupy, or to permit the erection, construction,
alteration, extension, repair, removal, demolition, use or occupancy
of, any building or structure or equipment regulated by this Construction
Code, or cause same to be done, in conflict with or in violation of
this Construction Code. It shall also be unlawful for any person to
place inaccurate or misleading information on an application or plan
or to omit relevant information from an application or a plan submitted
to the Township.
(2)
113.2 Notice of Violation. The building official may serve a
notice of violation on any person responsible for the erection, construction,
alteration, extension, repair, removal, demolition, use, permission
to use, occupancy, or permission for occupancy of a building or structure
or equipment in violation of the provisions of this Construction Code,
or in violation of a detailed statement or a plan approved thereunder,
or in violation of a permit or certificate issued under the provisions
of this Construction Code. Such notice shall order discontinuance
of the illegal action or condition and the abatement of the violation.
Notwithstanding the foregoing, it shall not be a defense to an enforcement
action that the building official did not serve or that the defendant
did not receive a written notice of violation prior to the institution
of the enforcement action.
(3)
113.2.1. If an inspection reveals a violation of this Construction
Code, the construction code official shall discuss the inspection
results with the permit holder at the completion of the inspection.
(4)
113.2.2. When a violation relates to an unsafe building, structure,
or equipment, the building official shall proceed in accordance with
Section 403.84 of the L&I regulations.
(5)
113.3 Prosecution of Violation. If the building official has
served a notice of violation and the notice of violation is not complied
with within the time specified by the building official, or if the
building official determines that there is insufficient time to serve
a notice of violation or that such notice of violation will have no
practical or beneficial effect, the building official shall notify
the Board of Supervisors of the violation and shall request the Board
of Supervisors to authorize institution of enforcement proceedings
against the violator and/or authorize the Township Solicitor to institute
the appropriate proceedings at law or in equity to restrain, correct
or abate such violation or to require the removal or termination of
the unlawful use of the building or structure in violation of the
provisions of this Construction Code or of the order or direction
made pursuant thereto. Notwithstanding the foregoing, a building official
may institute summary enforcement proceedings without prior authorization
of the Board of Supervisors.
(6)
113.4 Violation Penalties. Any person who shall violate a provision
of this Construction Code or who shall fail to comply with any of
the requirements thereof or who shall erect, construct, alter, extend,
repair, remove, demolish, use or occupy, or permit the use or occupancy
of, any building or structure or equipment regulated by this Construction
Code in violation of the provisions of this Construction Code or of
an approved plan or of a directive of the building official or of
a permit or certificate issued under the provisions of this Construction
Code or who shall permit the use, occupancy, erection, construction,
alteration, extension, removal, demolition or repair of the building
or structure or equipment in violation thereof, shall, upon being
found guilty in an enforcement proceeding commenced by the Township,
pay a penalty of not less than $200 and not more than $1,000 for each
violation plus all costs of prosecution, which fines and penalties
may be collected as provided by law. Each day that a violation continues
shall be deemed a separate offense, and each section of this Construction
Code which is violated shall be deemed a separate offense. The building
official may request the Police Department to make arrests for any
offense against this Construction Code or orders of the building official
affecting the immediate safety of the public.
(7)
113.5 Abatement of Violation. The imposition of the penalties
herein prescribed shall not preclude the Township Solicitor or the
building official from instituting appropriate action to prevent the
unlawful construction or to restrain, correct, or abate a violation,
or to prevent illegal occupancy of a building, structure or premises
or to stop an illegal act, conduct, business, or use of a building
or structure on or about any premises.
P. Section 114.3 shall provide as follows:
(1)
114.3 Unlawful Continuance. Any person who shall continue any
work in or about the structure 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 commit a violation
of this Construction Code and shall be subject to penalties or fines
as provided in § 113.4 and remedies as provided in § 113.5.
Q. Section 115, Unsafe Structures and Equipment, of the International
Building Code/2003 is deleted. The Township adopts Section 403.84
of the L&I regulations governing unsafe buildings, structures,
or equipment.
R. Table R301.2(1) of the International Residential Code/2003 is hereby
completed by inserting the following information:
(1)
Ground snow load: 30 pounds per square foot.
(2)
Wind speed (mph): 90 mph.
(3)
Seismic design category: A, B, C, D.
(5)
Frost line depth: 30 inches.
(6)
Termite: moderate to heavy.
(7)
Decay: slight to moderate.
(8)
Winter design temperature: 10%.
(9)
Ice shield underlayment required: Yes.
(10)
Flood hazard: March 2, 1981.
(11)
Air freezing index: 1,000.
(12)
Mean annual temperature: 50%.
[Ord. 2010-01, 7/25/2010, § 1]
This Part shall be known and may be cited as the "Penn Township
Property Maintenance Code."
[Ord. 2010-01, 7/25/2010, § 2]
A certain document, copies of which have been and are presently on file in the Office of the Secretary of the Township of Penn, Lancaster County, Pennsylvania, being marked and designated as "International Code Council, Inc., International Property Maintenance Code/2009," be and is adopted as the Property Maintenance Code of the Township of Penn, creating a code of property maintenance regulations for the protection of public health, safety and welfare as herein provided. Each and all of the regulations of the International Property Maintenance Code/2009, except as provided in §
5-203 of this Part, are hereby referred to, adopted and made a part hereof as if fully set out in this Part, with the additions, insertions, deletions and changes, if any, enumerated in §
5-203.
[Ord. 2010-01, 7/25/2010, § 3; as amended by Ord.
2013-03, 10/14/2013, § 1]
1. Changes from the International Property Maintenance Code/2009 to
the Property Maintenance Code of the Township of Penn are as follows:
A. Section 101.1 shall be amended by inserting "Township of Penn, Lancaster
County, Pennsylvania."
B. Section 103.5 shall provide as follows:
(1)
103.5. Fees. The fees for activities and services
performed by the Code Official in carrying out his responsibilities
under this Code shall be established by resolution or ordinance of
the Board of Supervisors.
C. Section 106.3, Prosecution of Violation, shall be amended to provide
as follows:
(1)
106.3. Prosecution of Violation. If the Code Official
has served a notice of violation and the notice of violation is not
complied with within the time specified in such notice, or if the
Code Official determines that there is insufficient time to serve
a notice of violation or that such notice of violation will have no
practical or beneficial effect, the Code Official shall notify the
Board of Supervisors of the violation and shall request the Board
of Supervisors to authorize institution of enforcement proceedings
against the violator and/or authorize the Township Solicitor to institute
the appropriate proceedings 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 any order or direction made pursuant thereto. If the
Code Official or if any police officer observes a violation of § 302
or § 307 of this Code, in addition to the foregoing such
Code Official or police officer is hereby empowered to institute summary
criminal proceedings against the violator.
D. Section 106.4 shall provide as follows:
(1)
106.4. Penalty. Any person who shall violate a
provision of this Code; or who shall fail to comply with any of the
requirements thereof; or who shall use, maintain or alter a lot, building
or structure in violation of any approved plan or directive of the
Code Official or of any order, permit or certificate issued under
the provisions of this Code; or who shall violate any order of the
Code Official; or who shall fail to remedy or who shall negligently
or improperly remedy any health hazard; or who shall fail to completely
implement a plan to remedy a health hazard which has been reviewed
and approved by the Code Official shall be liable upon summary conviction
therefor to fines and penalties of (a) not less than $100 nor more
than $1,000 plus all costs of prosecution for a first offense, (b)
not less than $200 nor more than $1,000 plus all costs of prosecution
for a second offense, and (c) not less than $300 nor more than $1,000
plus all costs of prosecution for a third offense, which fines and
penalties may be collected as provided by law. All fines and penalties
collected for violation of this Code shall be paid over to the Township
Treasurer. Each day that a violation continues and each section of
this Code which is violated shall be deemed a separate offense. This
Code may also be enforced by an action in equity brought in the Lancaster
County Court of Common Pleas.
E. Section 107.3 shall provide as follows:
(1)
107.3. Method of Service. Service of said notice
shall be made upon the owner or occupant of the said premises in any
of the following manners: by delivering the same to such owner or
occupant personally or by delivering the same to and leaving it with
any adult person in charge of the said premises or by affixing the
same in a conspicuous position upon said premises or by sending said
notice by certified or registered mail addressed to the owner at the
last known address with return receipt requested. Such procedures
shall be deemed the equivalent of personal notice.
F. Insert new Sections 107.7 through 107.7.2 which shall provide as
follows:
(1)
107.7. Notice to Abate Health Hazard or Public Nuisance. It shall be the duty of the Code Official to cause a notice to be
served upon the owner or occupant of any premises whenever property
is maintained so as to constitute a health hazard or a public nuisance
and to require abatement of the health hazard or public nuisance within
10 days from the date of service of such notice or such other time
period as may be set forth in the notice. Service of such notice shall
be as provided in § 107.3.
(a)
107.7.1. Performance of Work Upon Noncompliance with Notice. In the event that the owner or occupant shall refuse or neglect
to abate such health hazard or public nuisance within the time period
as required by such notice, or in the event that the owner or occupant
shall perform action necessary to eliminate the health hazard in a
negligent or incomplete fashion, the Code Official may cause such
condition to be eradicated and/or removed, or take action necessary
to eliminate such health hazard or nuisance of which the owner or
occupant has been notified, keeping an account of the expenses of
inspecting the premises, service of notice and abating the health
hazard and nuisance. All such costs and expenses shall be charged
to and paid by the owner or occupant.
(b)
107.7.2. Collection of Costs. All costs and expenses
the Township incurs in the abatement of such health hazards and public
nuisances shall be a lien upon the premises, and whenever a bill therefor
remains unpaid after it has been rendered, the Township Solicitor
shall file a municipal claim and/or civil action for such costs and
expenses, together with a penalty of 25% of the costs and expenses,
and for allowable attorneys' fees, in the manner provided by
law for the collection of municipal claims and/or the filing of civil
actions.
(c)
107.7.3. Service Fees for Reoccurring Violations. When a property has been declared a public nuisance due to refuse
accumulation, insect, vermin or rodent infestation, lack of required
utilities, facilities, equipment or other property maintenance violations,
deemed a detriment to the occupants of a property or the public-at-large
and/or cause a blighting condition, the Code Official will notify
the responsible party. In the event of a reoccurrence of the violation,
a service charge established by the Board of Supervisors by ordinance
or resolution will be assessed against the responsible party. Repeat
offender service fees shall be payable to the Township within 15 days
of receipt of the Township invoice setting forth the service fee.
Failure to timely pay said fee will result in the Township instituting
appropriate action against the offender to recover both the service
fee and any related administrative fees.
(d)
107.7.4. Public Safety Official Notice and Quick Ticket
Procedures. In addition to other enforcement mechanisms available
to the Township under this Code, the Code Official is authorized to
issue public safety official notices for Property Maintenance Code
violations and quick tickets for violations regarding high weeds and
grass, garbage, rubbish and animal waste. The Code Official may issue
a quick ticket in addition to or in lieu of issuing a notice of violation.
The quick ticket penalties for the above-referenced violations shall
be payable within 15 days. Repeat offenders shall be subject to additional
penalties. Failure to pay the quick ticket within 15 days may result
in a summary citation being issued through the local magisterial district
judge's office. The Board of Supervisors shall approve quick
ticket forms and penalty amounts by resolution.
G. Section 110.3 shall provide as follows:
(1)
110.3. Failure to Comply. Whenever the owner of
a property fails to comply with a demolition order within the time
period prescribed, the Code Official shall request the Township Solicitor
to institute an action at law or in equity against the property owner
to obtain an order authorizing the Code Official to raze and remove
such structure or contract for the razing and removal of such structure
at the expense of the owner of the property. At the completion of
such razing and removal, the Township Solicitor shall file a municipal
claim as a lien against the property in the amount of the Township's
costs plus a penalty of 25% of such costs and for allowable attorneys'
fees. The Township Solicitor may also institute any proceedings at
law or in equity to provide for the collection of the Township's
costs and expenses.
H. Section 110.4 shall be deleted in its entirety.
I. Section 111, Means of Appeal, shall be deleted in its entirety. A
new Section 111, Appeals, shall be inserted which shall provide as
follows:
(1)
111.1. Appeals. An appeal from any decision of
the Code Official may be taken to the Board of Supervisors. Such appeal
shall be made in writing within 10 days after such decision has been
made. The appeal shall be verified by an affidavit, shall state the
grounds therefor and shall be filed with the Township Secretary. The
appeal shall be accompanied by the appeal fee which shall be established
by ordinance or resolution of the Board of Supervisors. The appellant
or his representative shall have the right to appear and be heard,
if such right is requested in the written appeal. The Board of Supervisors
shall make a prompt decision on such appeal. In making a decision,
the Board of Supervisors may vary or modify any provision of this
Code where there are practical difficulties in the way of executing
the strict letter of the law so that the spirit of the law shall be
observed, public safety secured, and substantial justice done. Such
variation or modification shall be the minimum necessary in order
to grant relief. The Board of Supervisors shall render a written decision,
copies of which shall be provided to the Code Official and the appellant.
J. Section 112.4 shall be deleted in its entirety.
K.
Section 202, General Definitions,
shall be amended by inserting the following definitions:
ABATE/ABATEMENT
When used in connection with lead-based coating, the reduction
of, removal of, or encapsulation of lead, followed by thorough cleanup
and post-cleanup treatment, from the surfaces and sources that promote
exposure resulting in the possibility of lead toxicity or poisoning,
which abatement shall be in a manner approved or determined to be
appropriate by the Code Official. The methods of abatement and subsequent
disposal of lead shall not present a hazard to health from fumes,
dust or vapors by inhalation, ingestion or absorption through the
skin and mucous membranes and shall be in accordance with all applicable
laws, ordinances, regulations and safety standards of the Township,
the state and federal agencies.
EXPOSED SURFACE
When used in connection with lead-based coatings, all interior
surfaces of a dwelling or other structures which may be occupied by
children and those exterior surfaces of such dwelling or structures
which are readily accessible to children under six years of age, such
as stairs, decks, porches, railings, windows, doors and sidings. Any
yard or other area in the vicinity of a dwelling or structure including
without limitation any soil, yard or other area which may be subject
to contamination from flaking or peeling lead-based coatings or any
other source of lead is also considered an exposed surface.
LEAD-BASED COATING
Any paint, varnish, glaze or other applied liquid surface
coating and putty or plaster which contains a quantity of lead in
excess of 0.6 milligrams per square centimeter of surface.
POLICE DEPARTMENT
The Penn Township Police Department or any successor Police
Department providing police protective services within the Township.
RECOGNIZED METHOD OF ANALYSIS
Any recognized method of lead detection and analysis which
results in measurement of lead in milligrams in a square centimeter
of a particular area, including without limitation a radio isotope
x-ray fluorescent analyzer for in-place determination of lead content.
TOWNSHIP
The Township of Penn, Lancaster County, Pennsylvania.
VEHICLE, HAZARDOUS
A vehicle, including but not limited to an automobile, bus,
van, truck, recreational vehicle or trailer, which:
(a)
Contains one or more broken windows or one or more missing doors
or a missing trunk or hood which allow entry into the vehicle by children
or vermin.
(b)
Is structurally unstable or supported by blocks, jacks or other
devices which may slip or move, presenting a danger to passers by.
(c)
Is parked upon property in such a manner as to obstruct the
vision of drivers or interfere with the free movement of pedestrians
or traffic or create a fire hazard.
L. Insert a new Section 301.4 which shall provide as follows:
(1)
301.4. Interference with Compliance. No person
shall take or cause any person to take any action which creates a
condition which results in a premises violating any requirement of
this Code, including, but not limited to, the tampering with water
service or sewer service or facilities, depositing of rubbish or garbage
or any other discarded materials on a premises, removal of fire extinguishers,
and blocking exits. Notwithstanding the foregoing, it shall not be
a violation of this Code for the supplier of public water service
to cease service for non-payment of water or sewer rates or charges
in accordance with applicable laws and procedures.
M. Section 302.4 shall provide as follows:
(1)
302.4. Weeds. All premises and exterior property
of lots which are two acres or less in area and all premises and exterior
property of lots which are greater than two acres in area and which
are not in agricultural production or forested shall be maintained
free from weeds or plant growth in excess of six inches. All 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,
protected wild flowers and wetlands.
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The Board of Supervisors, the Code Official or any officer or
employee of the Township designated for this purpose is hereby authorized
to give notice, by personal service, by United States mail or by posting
the property, to the owner of any premises whereon grass, weeds or
other vegetation is growing or remaining in violation of the provisions
of this Code, directing and requiring such owner to remove, trim or
cut such grass, weeds or vegetation, so as to conform to the requirements
of this Code, within five business days after the issuance of such
notice. In case any person shall neglect, fail or refuse to comply
with such notice, within five business days after the issuance of
such notice, Township authorities may remove, trim or cut such grass,
weeds or vegetation, and the cost thereof, together with a penalty
of 25% of such cost, and allowable attorneys' fees may be collected
by the Township from such person in the manner provided by law.
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If the Board of Supervisors, the Code Official or any officer
or employee of the Township has given notice under this section in
the calendar year and the owner did not comply with the notice within
the required five business days, the Township shall not be required
to give additional notice to the owner before the Township removes,
trims or cuts grass, weeds or vegetation on the property in that same
calendar year, and the Township may collect the cost thereof, together
with a penalty of 25% of such cost, and allowable attorneys'
fees from such person in the manner provided by law.
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N. Section 302.8 shall be amended to provide as follows:
(1)
302.8. Vehicles. Except as provided in other regulations,
the parking and storage of motor vehicles, including but not limited
to automobiles, buses, vans, trucks, recreational vehicles, and trailers,
shall be limited as provided herein.
(a)
302.8.1. Licensed and Inspected Vehicles. Vehicles which have a current license and inspection may be stored upon a premises in accordance with the requirements of the Township Zoning Ordinance [Chapter
27] and other applicable ordinances and regulations unless such vehicles are hazardous vehicles as defined herein.
(b)
302.8.2. Unlicensed or Uninspected Vehicles. Vehicles
which do not have both a current license and a current inspection
may be stored within a completely enclosed structure on any premises.
Unlicensed or uninspected vehicles shall not be stored outside of
a completely enclosed structure on a premises for more than 30 days.
The Code Official and/or the Police Department may order the removal
of an unlicensed or uninspected vehicle using the procedure set forth
in § 302.8.3. Exceptions: The operator of a motor vehicle
towing or repair establishment shall be permitted to store unlicensed
or uninspected motor vehicles for a period of not more than 90 days
and operators of agricultural operations shall be permitted to store
unlicensed or uninspected agricultural vehicles which are part of
an active agricultural operation.
(c)
302.8.3. Hazardous Vehicles. No person who owns
a hazardous vehicle shall park, place, deposit or permit the parking,
placement or depositing of the hazardous vehicle on any property.
No property owner shall permit any hazardous vehicle to remain on
a premises. If any hazardous vehicle is parked or placed upon a premises,
the Code Official and/or the Police Department shall notify the owner
or occupant of the premises of the duty to remove the hazardous vehicle.
The Code Official and/or the Police Department shall post upon the
hazardous vehicle in a conspicuous place a notice directing the removal
of the hazardous vehicle within 10 days. Should the vehicle not be
removed, the Code Official and/or the Police Department shall serve
a second notice which shall be in writing and shall provide a time
limit not to exceed five days within which the hazardous vehicle has
to be removed. Said notice shall be served as provided in § 107.3
herein and shall additionally be posted upon the hazardous vehicle.
If the owner of the premises fails to remove the hazardous vehicle,
the Township may take action to abate the health and/or safety hazard
resulting from the hazardous vehicle in the manner provided in §§ 107.3.2
and 107.3.3 herein.
O. A new Section 302.10 shall be added which shall provide as follows:
(1)
302.10. Used Vehicle Parts and Tires. No person
shall place, deposit or permit the placement or depositing of used
vehicle parts or tires outside of an enclosed structure on any property.
P. Section 304.2, Protective Treatment, shall be amended by adding the
following sentence to the existing section: If exterior painted surfaces
contain lead levels as set forth in § 305.7 herein, all
requirements of § 305.7 shall be met.
Q. Section 304.14, Insect Screens, shall be amended by inserting "April
15" and "October 1" into the appropriate places.
R. A new Section 305.7 shall be added which shall to provide as follows:
(1)
305.7. Lead-Based Coatings. Any source of lead,
including without limitation a lead-based coating, shall be considered
a health hazard to a child under six years of age who has demonstrated
an elevated blood level (which for the purposes of this Code shall
be considered to be a level equal to or greater than 10 micrograms
per deciliter or any future standard established by the United States
Public Health Service Centers for Disease Control) if:
(a)
It exists in or about a dwelling or other structure in which
a child under six years of age who has demonstrated an elevated blood
lead level commonly resides or visits.
(b)
It is determined to be on any flaking, peeling, non-intact deteriorated
surface or on any exposed surface or in any soil or dust found in
or about the dwelling or structure or in any rugs, carpet or other
surface coverings in or about the dwelling or structure.
(c)
It contains a quantity of lead in excess of 0.6 milligrams per
square centimeter of surface when measured by a recognized method
of analysis.
(2)
305.7.1. Notices. Sources of lead, including lead-based
coating areas, must be marked with warnings immediately upon positive
testing, and notice of these areas shall be given to the occupant
at the time of testing to avoid further child poisoning.
(3)
305.7.2. Abatement of Health Hazard. If it is determined
that there exists a health hazard under § 305.7, the owner
shall be responsible to abate the hazard within such time as specified
by the Code Official. The owner and/or occupant of the premises shall
bear the cost of abatement and shall present a written plan of abatement
to the Code Official for review and approval prior to initiating said
abatement. The owner and/or occupant of the premises shall abate the
health hazard in accordance with the approved plan, shall completely
perform all steps of such approved plan, and shall perform the work
set forth in the approved plan in a good and workmanlike fashion.
The owner and/or occupant of the premises shall submit proof satisfactory
to the Code Official of abatement promptly upon completion.
S. Section 308, Rubbish and Garbage, shall be amended by adding new
Section 308.4, Notices of Violation, and 308.5, Enforcement, which
shall provide as follows:
(1)
308.4. Notices of Violation. The Board of Supervisors,
the Code Official or any officer or employee of the Township designated
for this purpose is hereby authorized to give notice, by personal
service, by United States mail or by posting the property, to the
owner of any premises on which there exist accumulations of rubbish
or garbage remaining in violation of the provisions of this Code,
directing and requiring such owner to remove such accumulations of
rubbish or garbage so as to conform to the requirements of this Code,
within five business days after the issuance of such notice. In case
any person shall neglect, fail or refuse to comply with such notice,
within five business days after the issuance of such notice, Township
authorities may remove such accumulations of rubbish or garbage, and
the cost thereof, together with a penalty of 25% of such cost, and
allowable attorneys' fees may be collected by the Township from
such person in the manner provided by law.
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If the Board of Supervisors, the Code Official or any officer
or employee of the Township has given notice under this section in
the calendar year and the owner did not comply with the notice within
the required five business days, the Township shall not be required
to give additional notice to the owner before the Township removes
accumulations of rubbish or garbage on the property in that same calendar
year, and the Township may collect the cost thereof, together with
a penalty of 25% of such cost, and allowable attorneys' fees
from such person in the manner provided by law.
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(2)
308.5. Enforcement. The Code Official or any police
officer shall be authorized to institute summary criminal proceedings
against any person who fails to comply with the requirements of this
§ 308 prohibiting accumulations of rubbish or garbage and
requiring proper storage and disposal of rubbish and garbage. The
failure to maintain exterior premises and property and the interior
of a structure free from accumulation of rubbish and garbage and/or
the failure of any person to comply with the requirements of §§ 308.2
and 308.3 of this Code is a violation of the provisions of this Code,
whether or not the Board of Supervisors, Code Official, or other officer
or employee of the Township provides the notice set forth below. Any
Police Officer and the Code Official may institute summary enforcement
proceedings pursuant to § 106 of this Code. Such prosecution
shall not prevent the Township from also proceeding under the provisions
of § 308.4 to abate nuisance conditions on the property.
T. Section 507.1, General, shall be amended to provide as follows:
(1)
507.1. General. Drainage of roofs and paved areas,
yards, courts, and other open areas on the premises shall not be discharged
in a manner which creates a nuisance. Without limiting the foregoing,
drainage of storm waters from any source shall not be directed into
any drain connecting with any public sewer system, any individual
or community sewage disposal system, any cesspool, or any absorption
area for a sewage disposal system. Drainage water from any source
shall not be directed on to the cartway of a public street or discharged
in such a matter that water accumulate on the cartway of a public
street.
U. Section 602.3, Heat Supply, shall be amended by inserting "October
1" and "April 15" into the appropriate places.
V. Section 602.4, Occupiable Work Spaces, shall be amended by inserting
"October 1" and "April 15" into the appropriate places.
[Ord. 2010-01, 7/25/2010, § 4]
It is the intention of the Board of Supervisors that the requirements
of this Part shall supplement and shall not repeal any existing regulations,
except to the extent that this Part irreconcilably conflicts with
such other ordinance. Where this Part imposes greater regulations
upon the maintenance of structures or land or any other matter governed
by this Part, the provisions of this Part shall control. Where another
ordinance, currently in effect or enacted in the future, provides
greater regulations on the maintenance of structures or land or any
other matter governed by this Part, such other ordinance shall control.