Borough of Aspinwall, PA PROPERTY MAINTENANCE CODE

[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]

The following sections and subsections of the 2009 International Property Maintenance Code are hereby added, inserted, deleted, restated or changed as set forth below:

Section 101.1: § 101.1 is amended by inserting "Aspinwall Borough" in the space provided.

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.

Section 103: § 103 is amended by changing the title of the section to "Department of Code Administration/Building Inspection."

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.

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.

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.

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."

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.

Section 111: § 111, Means of Appeals, is deleted in its entirety and restated as follows:

	SECTION 111 MEANS OF APPEALS
	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.
	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.
	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.
	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.
	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.
	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).

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.

[1]Section 201.3: § 201.3 is amended by deleting the reference to the "International Zoning Code" in the section.

[1]

Editor's Note: Former Subsection K, regarding rental property inspection permits, was repealed by Ord. No. 1079, 9/11/2019. This ordinance also renumbered former Subsections L though V as Subsections K through U, respectively.

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.

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.

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.

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."

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.

Section 304.14: § 304.14 is amended by inserting "June 1 to September 30" in the space provided.

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.

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:

	A.	Rubbish or garbage, including any such accumulation or storage in the interior of any structure.
	B.	Commercial, industrial or building materials, except when such materials are for the purpose of rehabilitating any building or structure on the subject premises.
	C.	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.

Section 602.3: § 602.3 is amended by inserting "October 1 to May 1" in the space provided.

Section 602.4: § 602.4 is amended by inserting "October 1 to May 1" in the space provided.