That a certain document, three copies of which are on file in
the office of the City Manager of the City of Warren, being marked
and designated as the International Property Maintenance Code, 2012
Edition, as published by the International Code Council (and also
accessible at www.iccsafe.org), be and hereby is adopted as the Property
Maintenance Code for the City of Warren, in the Commonwealth of Pennsylvania,
for regulating and governing the conditions and maintenance of all
property, buildings and structures; by providing the standards for
supplied utilities and facilities and other physical things and conditions
essential to ensure structures are safe, sanitary and fit for human
occupancy and use, and the demolition of such existing structures
as herein provided; providing for the issuance of permits and collection
of fees therefor; and each and all of the regulations, provisions,
penalties, conditions and terms of said Property Maintenance Code
on file in the office of the City Manager are hereby referred to,
adopted and made a part hereof, as if fully set forth in this chapter,
with the additions, insertions, deletions and changes, if any, prescribed
below.
The following sections are hereby revised:
A. Section 101.1: Insert [The City of Warren].
B. Section 106.2: Add: A citation without prior notice of violation
may be served upon the same property owner for the same property where
a notice of the same violation was served within the immediately prior
twenty-four-month period.
C. Section 103.5: Insert [as provided for in the most recent fee resolution
adopted by Council].
D. Section 106.3: Delete "misdemeanor or civil infraction as determined
by the local municipality" and replace with "summary offense."
E. Section 106.4: Replace with: Any person who shall violate a provision
of this code, fail to comply herewith, or with any of the requirements
hereof, shall be issued a citation in a form acceptable to the Magistrate
Judge. Each offense shall be deemed a summary offense subject to a
fine of not less than $600 nor more than $1,000 for each day that
a violation continues. Each day following the passage of seven days
from the date of the original citation shall constitute a separate
violation. Any costs incurred in the enforcement of this chapter shall
also be sought. Failure to pay penalties, fines, and costs shall cause
the City of Warren to file a municipal lien against the property at
the Warren County Courthouse or to take such other action as may be
authorized by law.
F. Section 112.4: Insert [not less than $600 nor more than $1,000],
then add:
Failure to comply with the provisions of such order will result
in the issuance of a citation in a form acceptable to the Magistrate
Judge. Each offense shall be deemed a summary offense subject to a
fine of not less than $600 nor more than $1,000 for each day that
a violation continues. Each day following the passage of seven days
from the date of the original citation shall constitute a separate
violation. Any costs incurred in the enforcement of this chapter shall
also be sought. Failure to pay penalties, fines, and costs shall cause
the City of Warren to file a municipal lien against the property at
the Warren County Courthouse or to take such other action as may be
authorized by law.
G. Section 202: Insert the definitions of:
[Amended 6-18-2018 by Ord. No. 1908]
CLUTTER
Items other than garbage or rubbish that would be considered
unsightly by reasonable living standards. This includes, but is not
limited to, construction materials not associated with a current building
project, motor vehicle parts and seats, appliances, electronics, shopping
carts, indoor furniture, recyclable materials, dirt, mud, and yard
waste that has been abandoned or improperly discarded, deposited,
or disposed of.
NUISANCE MOTOR VEHICLE
A motor vehicle with one or more of the following defects:
(1)
Broken windshield, mirrors, or other glass with exposed edges.
(2)
Broken headlamp(s), taillamp(s), bumper(s), or grill with sharp
edges.
(3)
Any body part, firewall, or floorboard with sharp edges or large
holes.
(4)
Missing door(s), window(s), hood, trunk, hatch, open tire(s)
or tube(s), or other body parts that could permit animal or insect
harborage.
(5)
Any vehicle elevated by blocks, jacks, or other such apparatus
in a location which may pose a danger to the public, property owners,
visitors, or residents of the property on which said vehicle is located.
(6)
Any fluids leaking from the vehicle which may be harmful to
the public or the environment.
(7)
Disassembled body or chassis parts stored in, on, or about the
vehicle.
(8)
Does not have a valid registration.
(9)
Does not have a valid inspection sticker.
(10)
Such other defects which the Code Enforcement Officer determines
to be a danger to the general public or the property.
(11)
Parked, drifted, or otherwise located which may interfere with
the flow of pedestrian or motor vehicle traffic or impede emergency
efforts.
H. Section 202: Add "excessive animal feces" to the definition of "rubbish."
I. Section 302.4 Weeds: Insert [eight inches].
J. Section 302.8, Motor vehicles, of the IPMC is hereby amended to read
as follows:
[Added 6-18-2018 by Ord.
No. 1908]
Except as provided for in other regulations, no inoperative,
unlicensed, or nuisance motor vehicle shall be parked, kept or stored
on any premises, and no vehicle shall at any time be in a state of
major disassembly, disrepair, or in the process of being stripped
or dismantled. Painting of vehicles is prohibited unless conducted
inside an approved spray booth.
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Exception: A vehicle of any type is permitted to
undergo major overhaul, including body work, provided that such work
is performed inside a structure or similarly enclosed area designed
and approved for such purposes.
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K. Section 304.3 following Buildings, in the first line of the paragraph:
Add "which include all principal buildings, including, but not limited
to, single- and multiple-family dwellings and places of business,
but shall not include accessory buildings on the same lot that are
occupied by the same person as the principal building on such lot."
L. Section 304.14: Insert [April 1 to October 31].
M. Section 308: Change caption to read "Rubbish, Garbage and Clutter."
N. Add Section 308.4: All exterior property and premises shall be free
from the accumulation of clutter.
O. Section 602.3: Insert [October 1 to May 15].
P. Section 602.4: Insert [October 1 to May 15].
The following sections are hereby added:
A. Section 106.6. The City of Warren may abate any violation, at its
discretion, and shall demand payment from the responsible party for
all costs incurred in the abatement of the violation. If all costs
are not paid within 14 days of demand, the City of Warren may seek
payment of costs, fines and penalties through the court system and/or
may file a municipal lien against the property at the Warren County
Courthouse.
B. Section 108.8. The City of Warren may abate any unsafe condition,
at its discretion, and shall demand payment from the responsible party
for all costs incurred in the abatement of such condition. If all
costs are not paid within 14 days of demand, the City of Warren may
seek payment of costs, fines and penalties through the court system
and/or may file a municipal lien against the property at the Warren
County Courthouse.
C. Section 302.8.1. Front Yard Parking. Parking or storage of vehicles
(as defined by the Pennsylvania Motor Vehicle Code), in the front
yard of a property (as defined by the City of Warren Zoning Ordinance),
is prohibited. This is to include recreational equipment, including,
but not limited to, recreational vehicles, motor homes, campers, watercraft,
including boats, personal watercraft, canoes, and kayaks, and off-road
vehicles, including three- and four-wheeled all-terrain vehicles,
snowmobiles, etc., utility trailers or equipment.
D. Appendix A of the International Property Maintenance Code of 2012.
If any section, subsection, sentence, clause, or phrase of this
chapter is, for any reason, determined to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this chapter. The City of Warren hereby declares that it would have
adopted this chapter, and each section, subsection, sentence, clause
or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and/or phrases be declared unconstitutional.
Nothing in this chapter or the International Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or rights acquired, or liability incurred, or any cause(s) of action acquired or existing, under any act or ordinance hereby repealed as cited in §
360-1A and
B of this chapter, nor shall any right or remedy of any kind or nature be lost, impaired or affected by this chapter.