Township of Collier, PA PROPERTY MAINTENANCE CODE

[Ord. 664, 8/14/2013]

The 2012 International Property Maintenance Code is amended and revised, with additions, deletions and changes noted in the following respects:

Section 101.1, page 1, second line. Insert "Township of Collier" in space provided.

Section 102.3 shall read:

Section 102.3. Application of Other Codes. Repairs, additions, or alterations to a structure or changes of occupancy, shall be done in accordance with the procedures and provisions of the Pennsylvania Uniform Construction Code, International Building Code, International Fuel Gas Code, International Mechanical Code, International Fire Code and NFPA 70.

Section 103, Department of Property Maintenance Inspection. Delete the references to "Department of Property Maintenance Inspection" and replace the deleted references with references to "Code Official."

(1)

Revise Section 103.1 to read:

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

(2)

Section 103.5, Fees, is revised to read:

103.5. Fees. Fees shall be as set forth in the Collier Township Fee Schedule as adopted by the Board of Commissioners from time to time by resolution.

Section 106. Violations. Delete Subsection 106.4, Violation Penalties, and replace it with the following:

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

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

Section 111, Means of Appeal. Delete Sections 111.1, 111.2, 111.3, 111.4, 111.5, 111.6, 111.7 and 111.8 in their entirety and replace them with the following:

	111. Means of Appeal.
	111.1. Application for Appeal. Any person aggrieved by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal, within 20 days after the date of the decision, notice or order appealed from, to the Township of Collier Township Board of Commissioners. The Board of Commissioners may hear the appeal or may designate the Construction Code Board of Appeals ("Board"), which Board shall have jurisdiction to hear and rule on appeals filed hereunder. Such appeal shall be filed in writing, shall state the grounds for appeal, shall be accompanied by the required appeal fee, $50 or such other fee as set under the Township of Collier Fee Schedule by resolution, and shall be processed and heard in accordance with the Local Agency Law and, if assigned to the Board, the procedural requirements of the Construction Code Board of Appeals Rules of Procedure and Operation; provided, further, that any substantive requirements of such Rules of Procedure and Operation applicable only to appeals under the Uniform Construction Code shall not apply to appeals under the Property Maintenance Code. All advertising and court reporter costs resulting from the appeal will be paid by the appellant prior to commencement of the appeal hearing.
	111.2. All appeals under the Property Maintenance Code must be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, that the provisions of this code do not apply, that the requirements of this code are satisfied by other means, or that the strict application of the code would cause an undue hardship due to the unique circumstances involving the property in question such that strict application of the code would prevent the property owner or occupant from making reasonable use of the property.
	111.3. The appeal tribunal may consider the following factors in deciding a claim of hardship:
	111.3.1. Whether the owner or occupant has complied with prior orders or agreements covering maintenance of the property;
	111.3.2. Whether the owner or occupant has a history of investment or improvement at the property;
	111.3.3. Whether the cost of repair or compliance is reasonable in relation to the value of the property and the danger presented by the property;
	111.3.4. Whether enforcement of the Code would result in a taking without compensation;
	111.3.5. The length of time any violations have existed;
	111.3.6. Degree of mitigation attempted;
	111.3.7. Number and severity of violations at the property;
	111.3.8. Visibility of violations from the street and neighboring properties;
	111.3.9. Existence of similar conditions at neighboring properties;
	111.3.10. Danger presented by the violations to children or the sick or elderly.
	111.4. The appeal tribunal shall have no authority to waive requirements of the Property Maintenance Code except upon a finding of undue hardship made pursuant to Sections 111.1, 111.2 and 111.3.
	111.5. The appeals tribunal shall decide appeals based on the vote of a majority of a quorum of the board.
	111.6. A timely filed appeal shall stay the enforcement of the matter appealed until the appeal tribunal has ruled, except where the matter appealed from involves "imminent danger" under § 901.1 in the opinion of the Code Official.

Section 112.4. Revise Subsection 112.4 to read:

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

Chapter 2, Definitions. Add the following defined terms:

	Occupied. As applied to a building or portion thereof, shall be construed as though followed by the words "or intended, arranged or designed to be occupied, or having a certificate of use and occupancy."
	Public Nuisance. Includes the following:
	1.	The physical condition, or use of any premises regarded as a public nuisance at common law; or
	2.	Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
	3.	Any premises which has unsanitary sewerage or plumbing facilities; or
	4.	Any premises designated as unsafe for human habitation or use; or
	5.	Any premises which is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecured as to endanger life, limb or property; or
	6.	Any premises from which the plumbing, heating, electricity and/or facilities required by this ordinance have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; or
	7.	Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds; or
	8.	Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction, overcrowded, open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.

Chapter 3, General Requirements, Section 302, Exterior Property Areas.

(1)

In Section 301.2, add the following additional Subsection 301.2.1:

The owner and occupant of property abutting a public right-of-way shall be responsible to maintain the area and curb within such right-of-way and outside of the cartway, including but not limited to the sidewalk and any grass or vegetated areas.

(2)

In Section 302.4, Weeds, delete the first sentence and replace it with the following:

All premises and exterior property shall be maintained free from weeds or grasses in excess of 12 inches in height.

(3)

Section 302.8, Motor Vehicles, is amended by:

(a)

Adding thereto additional exceptions to read:

Exception: An inoperative or unlicensed motor vehicle may be parked, kept or stored on a premises so long as the vehicle is entirely parked, kept or stored within an enclosed building; and,

(b)

Adding a new Subsection 302.8.1, Used vehicle Parts and Tires, to read:

302.8.1. 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 in any property, unless a certificate of zoning approval and occupancy has been granted for such use of such property.

(4)

Add new Subsection 302.10, Prohibited Furniture, to read as follows:

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

Section 304, Exterior Structure, Section 304.14, Insect Screens. Insert the words, "April 1 to October 31" in the spaces provided in the first sentence of this section.

Section 308.2, Disposal of Rubbish. Amend this section to read as follows:

308.2. Disposal of Rubbish, Trash or Solid Waste. Both the owner and occupant of a structure shall be responsible for the disposal of all rubbish, trash or solid waste in a clean and sanitary manner by placing such rubbish in approved containers. Dumping of rubbish, trash or solid waste on public or private property by a non-occupant or owner of said property shall constitute a violation subject to the penalties in Section 106.4.

Section 308.3, Disposal of Garbage. Amend this section to read as follows:

308.3. Disposal of Garbage. Both the owner and occupant of a structure shall be responsible for the disposal of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. Dumping of garbage on public or private property by a non-occupant or owner of said property shall constitute a violation subject to the penalties in Section 106.4.

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

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

Section 704.2. Smoke Alarms. The following regulations shall apply with respect to smoke alarms in addition to any other provisions of this Code and shall be controlling to the extent inconsistent with such other provisions:

Installation Required. Smoke alarms shall be in installed in all NEW OR EXISTING Group A, B, E, F, H, I, M, S.

Section 704.3. Power Source. In Group R occupancies and Group A, B, E, F, H, I, M, and S occupancies, single-station smoke alarms shall receive their primary power from the building wiring, provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.

Exception: Smoke alarms are permitted to be solely battery-operated in buildings where no construction is taking place, buildings that are not serviced from a commercial power source, and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.

Section 704.4 Interconnection.

(a)	Where more than one smoke alarm is required to be installed in Group A, B, E, F, H, I, M, and S occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all areas over background noise levels with all intervening doors closed.
(b)	Exceptions:
	(1)	Interconnection is not required in buildings which are not undergoing alterations, repairs or construction of any kind.
	(2)	Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes.