[Ord. 06-07, 10/9/2006, § 1; as amended by Ord.
17-07, 7/24/2017]
The Board of Supervisors of New Hanover Township hereby adopts
the International Property Maintenance Code, 2015, as published by
the International Code Council, as the Property Maintenance Code of
New Hanover Township.
[Ord. 06-07, 10/9/2006, § 2; as amended by Ord.
17-07, 7/24/2017]
1.
The Board of Supervisors hereby revises the provisions of the International
Property Maintenance Code, 2015, in the following manner:
A.
Section 101.1 of the International Property Maintenance Code, 2015,
shall be revised to substitute the terms "New Hanover Township" for
"Name of Jurisdiction."
B.
The title of § 103 of the International Property Maintenance
Code, 2015, shall be revised to hereafter provide as follows "Code
Official and Deputies."
C.
Section 103.1 of the International Property Maintenance Code, 2015,
shall be revised to hereafter provide as follows:
(1)
Creation of the Office of the Code Official. The office of Code
Official is hereby created and the executive official(s) in charge
thereof shall be known as the Code Official.
D.
Section 103.2 of the International Property Maintenance Code, 2015,
shall be revised to hereafter provide as follows:
(1)
Appointment. The Code Official shall be appointed by the Board
of Supervisors and shall serve at the pleasure of the Board of Supervisors.
E.
Section 103.5 of the International Property Maintenance Code, 2015,
shall be revised to hereafter provide as follows:
(1)
Fees. The fee for all work permits, charges, etc., shall be
paid in accordance with the fee schedule resolution in effect at the
time application is made.
F.
The title to Section 104.6 of the International Property Maintenance
Code, 2015, shall be revised to hereafter provide as follows "Code
Official's Records."
G.
Section 106.3 of the International Property Maintenance Code, 2015,
shall be revised to hereafter provide as follows:
(1)
Prosecution of Violation. Persons who shall violate a provision
of this code, fail to comply with any of the requirements thereof
or erect, install, alter or repair work in violation of the approved
construction documents or directive of the Code Official, or of a
permit or certificate issued under the provisions of this code, shall
be guilty of a summary offense, punishable by a fine of not more than
$1,000 per violation. Each day that a violation continues after due
notice has been served shall be deemed a separate offense.
H.
Section 107.4 of the International Property Maintenance Code, 2015,
is revised by deleting the reference to "§ 106.4" and by
substituting in the place thereof "§ 106.3."
I.
Section 111 of the International Property Maintenance Code, 2015,
is hereby revised to hereafter provide as follows:
(1)
Section 111.2 Membership of Board. The Board of Appeals shall
consist of the New Hanover Township Board of Supervisors. The code
official shall be an ex-officio member, but shall have no vote on
any matter before the Board.
(2)
Section 111.2.1 Alternate Members. The Board of Appeals shall
appoint two or more alternate members who shall be called by the Board
Chairman to hear appeals during the absence or disqualification of
a member. Alternate members shall be qualified by experience and training
to pass on matters pertaining to property maintenance and shall not
be employees of New Hanover Township.
(3)
Section 111.2.2 Chairman. The Chairman of the Board of Supervisors
shall serve as Chairman of the Board of Appeals.
(4)
Section 111.2.3 Disqualification of Members. A member shall
not hear an appeal in which that member has a personal, professional
or financial interest.
(5)
Section 111.2.4 Secretary. The Township Secretary or the Assistant
Township Secretary shall serve as the Secretary to the Board. This
Secretary shall file a detailed record of all proceedings in the office
of the Township Manager.
(6)
Section 111.2.5 Compensation of Members. Compensation of members
shall be determined by law.
J.
Section 202 of the International Property Maintenance Code, 2015,
is hereby revised to include the following definitions, along with
those listed:
(1)
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."
(2)
One-Family Dwelling. A building containing one dwelling unit.
(3)
Two-Family Dwelling. A building containing two dwelling units.
K.
The definition of the term "owner" as set forth in § 202
of the International Property Maintenance Code, 2015, is hereby revised
to delete the phrase "if ordered to take possession of real property
by a court."
L.
Section 301 of the International Property Maintenance Code, 2015,
is hereby revised to add Subsection 301.2.1 which shall hereafter
provide as follows:
(1)
Section 301.2.1. Where properties abut a public right-of-way,
the abutting property owner shall be responsible for the maintenance
of the area between their property line and the cartway, including
the curb, the sidewalk and grass areas between the curb and the property
line.
M.
Section 302 of the International Property Maintenance Code, 2015,
is hereby revised to add a new Subsection 302.3.1 which shall hereafter
provide as follows:
(1)
Section 302.3.1. Where sidewalks exist, those responsible (see
§ 301.2.1, as amended) for the sidewalks shall have at least
a two-foot-wide path cleared of snow and ice within 24 hours after
the cessation of the snowfall.
N.
Section 302 of the International Property Maintenance Code, 2015,
is hereby revised by adding a revised Subsection 302.4, "Weeds," which
shall hereafter provide as follows:
(1)
Section 302.4. No person, firm or corporation owning any residential
property with an area of 25,000 square feet or less within the Township
of New Hanover shall permit any grass or weeds or any vegetation whatsoever,
not edible or planted for some useful or ornamental purpose, to grow
or remain in the front, side or rear yard to exceed a height of six
inches. Any grass, weeds or other vegetation, as described above,
growing upon any premises in the Township of New Hanover is in violation
of any of the provisions of this section, is hereby declared to be
a nuisance and detrimental to the health, safety, cleanliness and
comfort of the inhabitants of the Township. The owner of any premises
shall remove, trim or cut all grass, weeds or other vegetation growing
or remaining upon such premises in violation of the provisions of
the first section of this part.
O.
Section 302.8 of the International Property Maintenance Code, 2015,
shall be revised to hereafter provide as follows:
(1)
Motor Vehicles. Only one intact inoperative or unlicensed motor
vehicle shall be parked, stored or kept on any premises. 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 designated and approved for such purposes.
P.
Section 304.14 of the International Property Maintenance Code, 2015,
shall be revised to substitute the date of "May 15" for the first
reference to "Date" and "October 15" for the second reference to "Date."
Q.
Section 402.1 of the International Property Maintenance Code, 2015,
is hereby revised to substitute the following paragraphs in the place
of the subparagraph titled "Exception":
(1)
Exception:
(a)
Where natural light for rooms or spaces without exterior glazing
areas is provided through an adjoining room, the unobstructed opening
to the adjoining room shall be at least 8% of the floor area of the
interior room or space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the
total floor area being served.
(b)
Where acceptable and approved by the Code Official, artificial
light may be used to supplement the natural light required under this
section.
R.
Section 403.1 of the International Property Maintenance Code, 2015,
is hereby revised to substitute the following paragraphs in the place
of the subparagraph titled "Exception":
(1)
Exception:
(a)
Where rooms and spaces without openings to the outdoors are
ventilated through an adjoining room, the unobstructed opening to
the adjoining room shall be at least 8% of the floor area of the interior
room or space, but not less than 25 square feet (2.33 m2). The ventilation openings at the outdoors shall
be based on a total floor area being ventilated.
(b)
Where approved by the Code Official, mechanical ventilation
may be used to supplement the ventilation required by the provisions
of this section.
S.
Section 602.3 of the International Property Maintenance Code, 2015,
is revised to substitute the date "October 15" for the first reference
"Date," and "May 15" for the second reference to "Date."
T.
Section 602.4 of the International Property Maintenance Code, 2015,
is hereby revised to substitute the date "October 15" for the first
reference to "Date," and the date of "May 15" for the second reference
to "Date."
U.
The references to the "Building Official" as set forth in the International
Property Maintenance Code, 2015, shall be revised to substitute in
the place thereof the terms "Code Official."
V.
The International Property Maintenance Code, 2015, shall be revised
to substitute the terms the "Board of Supervisors" in all instances
referencing the terms the "governing body."
[Ord. 06-07, 10/9/2006, § 4]
The provisions of this part, so far as they are the same as
those of ordinances and regulations in force immediately prior to
the enactment of this part, are intended as a continuation of such
ordinances and regulations and not as new enactments. The provisions
of the part shall not affect any act done or liability incurred, nor
shall they affect any suit of prosecution pending or to be instituted
to enforce any of these repealed ordinances or regulations.
