[Ord. 1018, 3/14/2007, § 1; as amended by Ord.
1042, 5/12/2010, § 1]
The Borough hereby adopts the International Property Maintenance Code, 2009 Edition, as published by the International Code Council, Inc., as the Property Maintenance Code of Aspinwall Borough 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 occupation 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 Borough Office 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, prescribed in §
5-202 of this Part.
[Ord. 1018, 3/14/2007, § 1; as amended by Ord.
1021, 5/9/2007, § 1;
by Ord. 1042, 5/12/2010, § 1;
and by Ord. No. 1066, 7/7/2016]
1. The following sections and subsections of the 2009 International
Property Maintenance Code are hereby added, inserted, deleted, restated
or changed as set forth below:
A. Section 101.1: § 101.1 is amended by inserting
"Aspinwall Borough" in the space provided.
B. Section 102.3: § 102.3 is restated as follows:
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 Chapter
5, Part
1, of the Aspinwall Borough Code of Ordinances, Construction Code, as amended. Nothing in this code shall be construed to cancel, modify or set aside any provisions of the Chapter
27 of the Aspinwall Borough Code of Ordinances, Zoning, as amended.
C. Section 103: § 103 is amended by changing
the title of the section to "Department of Code Administration/Building
Inspection."
D. Section 103.1: § 103.1 is restated as follows:
103.1 General. The Department of Code Administration/Building
Inspection is hereby created by the Borough Council and is charged
with the implementation, administration and enforcement of the provisions
of this code.
E. Section 103.2: § 103.2 is restated as follows:
103.2 Appointment. The Borough Council shall appoint
a Code Official/Building Inspector who shall be in charge of the Department
of Code Administration/Building Inspection. For the purposes of this
code, the Code Official/Building Inspector shall also be referred
to as the "Code Official." The Borough Council may appoint and contract
with outside persons and entities to serve as subcontractors for the
performance of such portions of the inspection or other duties of
the Code Official as the Borough Council may deem appropriate.
F. Section 103.5: § 103.5 is restated as follows:
103.5 Fees. The fees for applications and permits
referenced in this code and for the activities and services performed
by the code official in carrying out his/her responsibilities under
this code shall be established, from time to time, by resolution of
the Borough Council.
G. Section 106.3: § 106.3 is amended by restating
the last sentence of the section as follows: "Any action taken by
the Borough in the prosecution of a violation of this code and any
costs incurred by the Borough related (hereto shall be charged against
the real estate upon which the violation exists and shall be a municipal
lien upon such real estate."
H. Section 106.4: § 106.4 is restated as follows:
106.4 Violation Penalties. Any person, firm or
corporation who shall violate any provision of this code, or fails
to comply therewith, or with any of the requirements thereof, upon
conviction thereof in an action brought before the district magistrate
judge in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not less than $300 nor more than $1,000 plus costs,
including reasonable attorney fees incurred by the Borough, and, in
default of payment of said fine and costs, to imprisonment to the
extent permitted by law for the punishment of summary offenses. A
separate offense shall arise for each day or portion thereof in which
a violation is found to exist or for each section of the code found
to have been violated. The Borough may also commence appropriate actions
in equity, at law or otherwise to prevent, restrain, correct, enjoin,
or abate violations of this code. All fines and penalties collected
for violation of this code shall be paid to the Borough Treasurer.
The initial determination of ordinance violation and the service of
notice of violation are hereby delegated to the Borough Manager, the
Police Chief, the Code Official/Building Inspector, the Code Enforcement
Officer, the Zoning Officer and their designees and to any other officer
or agent that the Borough Manager or the Borough Council shall deem
appropriate.
I. Section 111: § 111, Means of Appeals, is deleted
in its entirety and restated as follows:
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SECTION 111
MEANS OF APPEALS
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111.1 Application for Appeal. Any applicant or person aggrieved by a decision of the Code Official or a notice or order issued under this code shall have the right of appeal to the Borough Zoning Hearing Board established by the Borough Zoning Ordinance [Chapter 27], provided that a written application for an appeal is filed within 10 days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of the Borough Council. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
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111.2 Public Hearing. A public hearing on the appeal
shall commence before the Borough Zoning Hearing Board within 60 days
of the filing of an appeal, unless the appellant agrees in writing
to an extension of time. Notice of the public hearing shall be advertised
in accordance with the requirements of the Pennsylvania Sunshine Act,
65 Pa.C.S.A. § 701 et seq.
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111.3 Hearing Procedures. All hearings before the
Borough Zoning Hearing Board under this section shall be open to the
public. The appellant, the appellant's representative, the Borough's
representative and any applicant or person aggrieved pursuant to § 111.1
above shall be given the opportunity to be heard. The Chair of the
Borough Zoning Hearing Board, or its counsel, shall have the power
and duty to direct the meeting, rule upon the acceptance of evidence
and oversee the record of all proceedings. These hearing procedures
shall not require compliance with the strict rules of evidence, but
shall mandate that only relevant information be received. The Borough
Zoning Hearing Board may adopt additional procedures for the conduct
of a public hearing under this section.
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111.4 Zoning Hearing Board Decision. The Borough
Zoning Hearing Board shall render a decision within 45 days after
the last hearing before the Borough Zoning Hearing Board. Where the
appeal is contested or denied, each decision shall be accompanied
by findings of fact and conclusions based thereon, together with the
reasons therefore. Conclusions based on any provisions of this chapter,
code, or any other statute, law, ordinance, rule or regulation, shall
contain a reference to the provisions relied on. A copy of the final
written decision shall be delivered to the appellant and code official
personally or mailed to them.
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111.5 Stays of Enforcement. Appeals of notices
and orders (other than Imminent Danger notices) shall stay the enforcement
of the notice and order until the appeal is heard by, and a decision
is rendered by, the Borough Zoning Hearing Board.
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111.6 Jurisdiction and Venue on Appeal; Time for Appeal. All appeals from decisions of the Borough Zoning Hearing Board rendered
pursuant to this section shall be taken to the Court of Common Pleas
of Allegheny County and shall be filed within 30 days after entry
of the decision as provided in 42 Pa.C.S.A. § 5572 (relating
to time of entry of order).
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J. Section 112.4: § 112.4 is restated as follows:
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 considered to be in violation of this code
and subject to the violation penalties under § 106 of this
code.
K. Section 201.3: § 201.3 is amended
by deleting the reference to the "International Zoning Code" in the
section.
L. Section 202: § 202 is amended by adding the
following definition:
JUNK VEHICLE
Any vehicle which is without a currently valid license plate
or state registration and/or is in a rusted, wrecked, discharged,
dismantled, partly dismantled, inoperative, or abandoned condition,
and/or for which the certificate of title has been returned to the
Pennsylvania Department of Transportation in accordance with the provision
of the State Vehicle Code, and/or which by its appearance is unsightly
and not in repairable condition, and/or which had been declared abandoned
according to the provisions of the State Vehicle Code, Where a certificate
of junk has been issued by the Pennsylvania Department of Transportation,
such certificate shall be conclusive evidence that the subject vehicle
is a junk vehicle; however, where no such certificate has been issued
or applied for, the failure to have the vehicle licensed shall be
prima facie evidence that the subject vehicle is a junk vehicle.
M. Section 301: § 301 is amended by inserting
Section 301.4 as follows:
301.4 Lead-Based Paint. Lead-based paint with a
lead content of more than 0.5% shall not be applied to any interior
or exterior surface of a dwelling, dwelling unit or child care facility,
including fences and outbuildings at these locations. Existing interior
and exterior painted surfaces of dwelling units and child care facilities
that contain lead paint with a lead content of more than 0.5% shall
be removed or covered with paneling or other suitable covering approved
by the Code Official.
N. Section 302.4: § 302.4 is amended by restating
the first paragraph of the section as follows:
302.4 Weeds. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of 10
inches and shall be landscaped so as to have either grass or other
form of approved ground cover, growing or artificial or maintained
in its natural state. 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.
O. Section 302.8: § 302.8 is amended by adding the following sentences at the end of the first paragraph: "No motor vehicle shall be parked, stopped or left standing in or on the front yard, side yard or rear yard, except on driveways designated and approved under the Chapter
27 of the Aspinwall Borough Code of Ordinances, Zoning, as amended, or other Borough ordinance. No junk vehicle shall be stored outside any private or public property, including vacant lots, streets or alleys in the Borough."
P. Section 304.3: § 304.3 is restated as follows:
304.3 Premises Identification. All buildings located
in the Borough shall have approved address numbers placed on each
side of the building that fronts a street, road or alley. These numbers
shall contrast with their background and be within the line of sight
and plainly legible and visible from any and all streets, roads or
alleys running adjacent to the property. These numbers shall also
be Arabic numerals or alphabet letters and shall be a minimum of four
inches (102 mm) high with a minimum stroke width of 0.5 inch.
Q. Section 304.14: § 304.14 is amended by inserting
"June 1 to September 30" in the space provided.
R. Section 304.19: A new § 304.19 is hereby inserted
as follows:
304.19 Mailboxes. The owner of a multi-family dwelling
having a common street entrance or common street number, used for
residential purposes and for which delivery (to apartment house receptacles)
is approved by the United States Postal Service, shall provide the
tenant(s) of each apartment unit with the use of a secure mail receptacle
approved by the United States Postal Service under the postal laws
and regulations for such use. Each receptacle shall have a lock to
enable it to be secured. The owner of the subject building shall keep
mail receptacles in good condition and proper working order. Installation,
security specifications and maintenance of such receptacles shall
be consistent with the requirements of the postal laws and regulations.
S. Section 307.1: § 307.1 is amended and restated
as follows:
307.1 Accumulation of Rubbish, Garbage or Other Materials. All exterior property and premises, including accessory buildings,
shall be free from the accumulation or storage of the following:
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A.
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Rubbish or garbage, including any such accumulation or storage
in the interior of any structure.
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B.
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Commercial, industrial or building materials, except when such
materials are for the purpose of rehabilitating any building or structure
on the subject premises.
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C.
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Scrap material of any kind, any old scrapped or used appliances,
fixtures, automobile parts, machinery and machinery parts and/or other
similar material or any other form of discarded or unused or unusable
materials (including building materials) which by their appearance
are unsightly.
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T. Section 602.3: § 602.3 is amended by inserting
"October 1 to May 1" in the space provided.
U. Section 602.4: § 602.4 is amended by inserting
"October 1 to May 1" in the space provided.
[Ord. 1018, 3/14/2007, § 1]
When the provisions of this Part are in conflict with other
sections of the Aspinwall Borough Code of Ordinances or any other
ordinances of the Borough or any other applicable codes, the more
stringent code, ordinance, or regulation shall apply.