City of Lebanon, PA
Lebanon County
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Table of Contents
Table of Contents
[Ord. 11-2010, 11, passed 4-26-2010]
A certain document, three copies of which are on file in the Office of the City Clerk of the City of Lebanon, being marked and designated as the International Property Maintenance Code, 2009 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Lebanon 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 that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit 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 therefore; 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 Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in section 1901.02 of this article.
[Ord. 11-2010, 11 § 2, passed 4-26-2010]
The International Property Maintenance Code, 2009 Edition, is hereby amended and revised in the following respects:
Section 101.1 Title.
These regulations shall be known as the Property Maintenance Code of the City of Lebanon, hereinafter referred to as "this code."
Section 103.5 Fees.
(1)
In the event of a re-occurrence of the violation within a twelve-month period the following service charges shall be set forth:
(a)
First re-occurrence: $75.
(b)
Second re-occurrence: $150.
(c)
Third through sixth re-occurrence: $200.
(d)
All subsequent re-occurrences: $300.
Repeat offender service fees shall be payable to the municipality within 15 days of receipt of invoice. Failure to pay said fee will result in the municipality instituting appropriate action against said offender to recover service and administrative fees.
(2)
Administrative fee for processing of work performed by the department or contracted service shall be $70.
Section 104.3.1 Warrant.
In the absence of permission from the owner, occupant, or operator of any structure or premises, or the person in charge thereof, the Code Official shall enter such structure or premises only after securing and properly presenting a duly authorized administrative search warrant issued upon probable cause of same.
Section 106.4 Penalty.
(a)
Any person who violates a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $50 nor more than $1,000 and/or imprisoned not more than 90 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(b)
The Department of Public Safety may post a sign not to exceed three feet x three feet in size stating the property owner's name and address and that the property is in violation of this code. The sign may remain at the property until the violations are corrected.
(c)
Any person who has been issued a Health/Housing Code violation ticket may discharge such obligation upon either appearing at the Finance Office and voluntarily enter a plea of guilty by paying either the $70 fine or the $50 fine within 15 calendar days from the time of issuance of the violation ticket, or by placing the ticket envelope with the proper fine amount in the City of Lebanon Fine-O-Meter box.
Section 107.3 Method of Service.
Such notice shall be deemed to be properly served if a copy thereof is:
(a)
Delivered to the owner personally;
(b)
Sent by first-class mail addressed to the owner at the last known address. If the first-class mail is returned showing that the letter was not delivered, a copy of the notice shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner;
(c)
Issued a Health/Housing Code violation ticket.
Section 107.6 Transfer of Ownership.
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a Buyer Notification Certificate issued by the Code Official prior to the time of settlement. That Buyer Notification Certificate accepted by the grantee, transferee, mortgagor, or lessees acknowledges responsibility to fully accept, without condition, for making the corrections or repairs required by such compliance order or notice of violation.
Section 108.4.1 Placard Removal.
A fee of $250 will be imposed upon any person requesting an inspection for the purpose of removing a condemnation placard. A condemnation placard shall be removed by the Code Official whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. The fee for inspection to remove the placard notice shall be payable in full in advance. If upon inspection the defect or defects in the property upon which the condemnation action was based remain, the placard shall not be removed. A fee of $250 will be imposed on any person requesting a subsequent inspection for the purpose of removing a condemnation placard. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by the Code.
Section 110.1.1 Blighted Property.
When the property has been declared a public nuisance by the Board of Health and meets the criteria set forth for blighted properties, the code official shall order the owner of the property to demolish and remove such structure.
Section 111.1 Application for Appeal.
Any person affected by decision of the Code Official or of notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 10 days after the day of the decision, notice or order was served. Any application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. An application fee of $225 shall be paid upon filing an appeal. In cases where there are more than 20 pages of transcript, the appellant will be billed for the costs thereof.
Section 111.2 Membership of the Board.
The Board of Appeals shall consist of five members who are not employees of the City of Lebanon. The Code Official shall be an ex-officio member but shall have no vote on any matter before the Board. The Board shall be appointed by the Mayor for a five-year term.
Section 111.5 Postponed Hearing.
When three members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
Section 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 less than $50 or more than $1,000.
Section 202 General Definitions. Add the following definitions:
BLIGHTED PROPERTY/PUBLIC NUISANCE.
(a)
Any premises which because of physical condition or use is regarded as a public nuisance and has been declared a public nuisance in accordance with the local housing, building, plumbing, fire and related codes.
(b)
Any premises which because of physical condition, use or occupancy is considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations, and unsafe fences or structures.
(c)
Any dwelling which because it is dilapidated, unsanitary, unsafe, insect or vermin infested or lacking in the facilities and equipment required by this code, and has been designated by the Board of Health of the City of Lebanon as unfit for human habitation or occupancy.
(d)
Any structure which is a fire hazard, or is otherwise dangerous to the safety of person or property.
(e)
Any structure from which the utility, plumbing, heating, sewage or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use.
(f)
Any vacant or unimproved lot or parcel of ground in a predominately building up neighborhood, which by reason of neglect or lack of maintenance, has become a place for accumulation of trash and debris, or a haven for rodents and other vermin.
(g)
Any unoccupied property which has been tax delinquent for a period of two years prior to the effective date of this article, and those in the future having a two-year tax delinquency.
(h)
Any property which is vacant but is not tax delinquent, which has not been rehabilitated within one year of the receipt of notice to rehabilitate from the Department of Public Safety.
Section 302.4 Weeds.
All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 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.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice 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.
Section 302.8 Motor Vehicles.
Except as provided for in other regulations, no inoperative, unlicensed, or uninspected motor vehicle shall be parked, kept or stored on any premises for more than five days. 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.
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.
Section 304.14 Insect screens.
Screens are required to be in place and/or available at all times for every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any other 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 not less than 16 mesh per inch (16 mesh per 25mm), 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 repellant fans, are employed.
Section 404.4.1 Room Area.
Every living room shall contain at least 120 square feet (11.2m2) and every bedroom shall contain at least 70 square feet (6.5m2). Every bedroom occupied by more than one person shall contain at least 50 square feet (4.6m2) of floor area for each occupant thereof.
Section 404.5.1 Minimum area requirements.
Living rooms of one to five occupants must be 120 square feet, for six or more occupants 150 square feet. Dining rooms of one to five occupants must be 80 square feet, for six or more occupants 100 square feet.
Section 602.3 Heat Supply.
Every owner and operator of any building who rents, leases or lets one or more dwelling units, on terms, either expressed or implied, to furnish heat to the occupant thereof shall supply sufficient heat to maintain the room temperature of not less than 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.
Section 602.4 Occupiable Work Spaces.
Indoor work spaces shall be supplied with sufficient heat to maintain a temperature or not less than 65° F. (18° C.) during the period the spaces are occupied.
Exceptions:
(1)
Processing, storage and operation areas that require cooling or special temperature conditions.
(2)
Areas in which persons are primarily engaged in vigorous physical activities.
Section 704.2.1 Installation of Equipment Required.
It shall be mandatory for the owner or owners of Group E, I and R occupancies; hospitals, hotels, motels, schools, convalescent homes, group and personal care homes of five or more residents, rooming and boarding homes of five or more residents, and any apartment building containing five or more apartment units; new, renovated or existing situated in the City limits to install a supervised automatic fire alarm system which shall be monitored 24 hours from an outside source.
Section 704.3 Power Source.
In Group R occupancies and in dwellings not regulated as Group R 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 over current protection.
Exceptions:
(1)
A wireless system is permitted in lieu of hard-wiring due to inaccessibility to the buildings wiring, excessive cost or for the preservation of a historic building.
(2)
In one- or two-family dwellings, single station battery-operated smoke detectors may be installed in lieu of hard-wired detectors.
Section 704.4 Interconnection.
Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not regulated as Group R 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 bedrooms over background noise levels with all intervening doors closed.