Township of Moon, PA PROPERTY MAINTENANCE CODE

[Ord. 619B, 6/6/2007; as amended by Ord. 656, 4/9/2015]

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 "Moon Township" 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 Moon Township Code of Ordinances, Construction Code, as amended (hereinafter referred to as the "Township Construction Code"). Nothing in this code shall be construed to cancel, modify or set aside any provisions of Chapter 27 of the Moon Township Code of Ordinances, Zoning, as amended (hereinafter referred to as the "Zoning Ordinance").

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

Section 103.1: § 103.1 is restated as follows:

103.1 General. The Office of Code Administration/Building Inspection is hereby created within the Community Development Department 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 Township Board of Supervisors shall appoint a Code Official/Building Inspector who shall be part of the Office 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 Township Board of Supervisors 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 Township Board of Supervisors 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 Township Board of Supervisors.

Section 106.3: § 106.3 is amended by restating the last sentence of the section as follows:

"Any action taken by the Township in the prosecution of a violation of this code and any costs incurred by the Township related thereto 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 magisterial district 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 Township, and 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 and for each section of the code found to have been violated. The Township 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 Township Treasurer. The initial determination of ordinance violation and the service of notice of violation are hereby delegated to the Township Manager, the Police Department, the Code Official, the authorized designee of the Township Manager, and to any other officer or agent that the Township Manager or the Township Board of Supervisors 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 Board of Appeals established under the Township Construction Code [Chapter 5, Part 1], 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 Township Board of Supervisors. 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 Regulations and Procedures for Appeals. All appeals under this code shall proceed under the regulations and procedures established under the Township Construction Code [Chapter 5, Part 1].

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.

Section 113: A new § 113, "Rental Property Inspection Permit," is hereby inserted as follows:

SECTION 113
RENTAL PROPERTY INSPECTION PERMIT
113.1 General. A rental property inspection permit, certifying that the use and structure is in compliance with this code and all other ordinances of Moon Township, shall be obtained before any change of occupancy may occur in a dwelling unit of a residential property let for occupancy (as those terms are defined in § 202 of this code), except as provided for annual permits in § 113.1.1 below. Prior to occupying the dwelling unit in which the change in occupancy is established, the property owner or lessee shall be required to make application for a rental property inspection permit, except as provided for annual permits in § 113.1.1 below.
	113.1.1 Annual Rental Property Inspection Permit. In lieu of the individual dwelling unit permit established in § 113.1 above, the Code Official is authorized to issue an annual rental property inspection permit for a residential property let for occupancy which satisfies the following criteria:
		1.	The residential property let for occupancy contains more than 10 dwelling units per lot.
		2.	The property is not the subject of a current or pending Township code enforcement proceeding and/or notice of violation.
		3.	The property owner maintains detailed records and written documentation which verify that:
			a.	Portable fire extinguishers are installed and continually maintained in proper operating condition throughout the subject property in accordance with the requirements of the Township Construction Code, [Chapter 5, Part 1], including, but not limited to, § 906 of the 2009 International Fire Code, as amended.
			b.	Fire suppression systems (i.e., required sprinklers and fire hoses) are installed and continually maintained in proper operating condition throughout the subject property in accordance with the requirements of this code and the Township Construction Code [Chapter 5, Part 1], including, but not limited to, the International Fire Code implemented by the Township Construction Code.
			c.	Fire protection systems (i.e., fire alarms and smoke detectors) are installed and continually maintained in proper operating condition throughout the subject property in accordance with the requirements of this code and the Township Construction Code [Chapter 5, Part 1], including, but not limited to, § 704 of this code, and the International Fire Code implemented by the Township Construction Code.
			These detailed records and written documentation shall be permanently kept on file at the building/property that is the subject of the annual permit and shall be immediately available for review by the Code Official, or his/her designee, upon request. On not less than an annual basis, the property owner shall provide the Code Official with written certification and supporting documentation verifying compliance with these requirements.
			Properties which are the subject of an annual rental property inspection permit shall only require an annual inspection unless the Code Official determines, in his sole discretion, that more frequent inspections are required.
113.2 Permit Application. Applications for a rental property inspection permit shall be submitted to the Code Official. This application shall include, among other things, the current address and telephone number of the property owner and the property manager, if any.
113.3 Issuance of Permit and Inspection. Prior to the issuance of a permit under this section, and as a condition precedent thereto, the Code Official, or his/her designee, shall inspect the premises and structure that is the subject of the change in occupancy. The Code Official shall issue a permit under this section once it has been determined that the subject premises and structure are in compliance with this code and all other ordinances of Moon Township.
113.4 Notice of Change in Occupancy to Township. In order to facilitate the inspection required by this section, the property owner shall notify the Code Official at least 30 days prior to any change in occupancy.
113.5 Notice of Change in Ownership. The current property owner shall notify the Code Official at least 30 days prior to any change in ownership or ownership structure of the subject property, and at that time provide the Code Official with the new/proposed property owner's address and telephone number. This notice of change of ownership shall be a condition of any permit issued under this section.
113.6 Notice of Property Owner Change of Address. The property owner shall notify the Code Official at least 30 days prior to property owner's change of address or telephone number, and shall at that time provide the Code Official with the property owner's new address or telephone number. This notice of change of address shall be a condition of any permit issued under this section.
113.7 Display of Permit. Any permit issued under this section shall be exhibited at any time on request of the Code Official, or his/her designee.
113.8 Revocation of Permit. Any property owner or lessee violating this section shall be subject to immediate revocation of his/her rental property inspection permit.
113.9 Enforcement Remedies. Any person who violates a provision of this section shall be subject to the violation penalties set forth in § 106 of this code, additionally the Township may direct the Moon Township Municipal Authority to cease water service to the subject property until compliance with this code and all other applicable Township ordinances is achieved.

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

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, 75 Pa.C.S.A. § 101 et seq., as amended, 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. Also included in this definition is any trailer, semi-trailer or any other article which would be classified as a vehicle, as well as any disabled, abandoned, non-operable, non-registered, wrecked, ruined or dismantled motor vehicle.

Section 301: § 301 is amended by inserting § 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 as permitted by the Zoning Ordinance [Chapter 27], as amended. The property owner shall install an approved form of ground cover within six months of completing the construction or alteration of a building or structure or other disturbance of the ground cover. 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 junk vehicle shall be stored outside any private or public property, including vacant lots, streets or alleys in the Township."

Section 302.10: A new § 302.10 is inserted as follows:

302.10 Mailbox Post. For vehicular safety reasons, a mailbox post shall be a maximum size of four inches by four inches wood post or an equivalent material. Refer to the Township Standards Details, as defined by the Street Ordinance [Chapter 21, Part 2]. The Township is not responsible and/or liable for any damage to mailbox posts which do not comply with this section.

Section 304.3: § 304.3 is amended to insert the following sentence: "The mailbox may be used to display the street number provided that the mailbox is located directly in front of the building (not along a side street or across the street) and the numbers must be located on both sides of the mailbox."

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

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:

(1)

Rubbish or garbage, including any such accumulation or storage in the interior of any structure.

(2)

Commercial, industrial or building materials, except when such materials are for the purpose of rehabilitating any building or structure on the subject premises.

(3)

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

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