[Ord. 383, 5/20/2010, § I; as amended by Ord. 442, 2/17/2022]
A certain document, three copies of which are on file in the
office of the Secretary/Manager being marked and designated as the
International Property Maintenance Code, 2015 Edition as published
by the International Code Council, be and is hereby adopted as the
Property Maintenance Code of the Township of Harmar 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 Township
of Harmar 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 this Part.
[Ord. 383, 5/20/2010, § II; as amended by Ord.
411, 8/7/2014, § II; Ord. No. 432, 11/15/2018; and by Ord. 442, 2/17/2022]
1.
The 2018 International Property Maintenance Code is amended and revised,
with additions, deletions and changes noted in the following respects:
A.
Section 101.1, page 1, second line. Insert "Township
of Harmar" in space provided.
B.
Section 103, Department of Property Maintenance Inspection. Delete the reference to "Department of Property Maintenance Inspection"
and replace the deleted reference with a reference to "Property Maintenance
Code Official."
(1)
Section 103.1 is revised to read:
103.1. General. The official in charge of enforcing
this Part shall be known as the Code Official. The Code Official may
be the Township building code official or the Township Code Enforcement
Officer or an individual or a corporation or other organization providing
Property Maintenance Code enforcement services at the direction of
the Board of Supervisors, Township police or other designee of the
Board of Supervisors.
(2)
Section 103.5 is revised to read:
103.5. Fees. Fees shall be as set forth in the
Harmar Township Fee Schedule as adopted by the Board of Supervisors
from time to time by resolution.
C.
Section 106. Violations.
(1)
Section 106.3 is revised by amending the last sentence thereof
to read to read:
106.3. Prosecution of Violation. Any action taken
by the Township in the prosecution of a violation of this Code and
any costs incurred by the Township related thereto may, in addition
to being recovered by any other remedy, be charged as a lien upon
the real estate upon which the violation exists and may be asserted
as a municipal claim pursuant to 53 P.S. § 7107, et seq.,
plus 6% interest per annum and attorney's fees and costs incurred
by the Township.
(2)
Section 106.4 is revised to read:
106.4. Penalties. Any person, firm or corporation
who shall violate any provision of this Code shall, upon conviction
thereof, be subject to a fine of not less than $300 nor more than
$1,000 per violation and to imprisonment of up to 30 days for default
in payment thereof and to the extent allowed by law for the punishment
of summary offenses pursuant to § 16.01c.1(2) of the Second
Class Township Code. Each day that a violation continues shall constitute
a separate offense.
D.
Section 109.5. Costs of Emergency Repairs. Costs incurred
in the performance of emergency work may be paid by the Township.
The legal counsel of the Township shall institute appropriate action
against the property owner or agent of the premises where the unsafe
structure is or was located for the recovery of such costs, plus attorney's
fees, including but not limited to filing of municipal claims pursuant
to 53 P.S. § 7107, et seq. for the cost of the emergency
work, 6% interest per annum, plus a penalty of 5% of the amount due
plus attorney's fees and costs incurred by the Township in connection
with the emergency work and the filing of the municipality claim.
E.
Section 110. Demolition. Add at Section 110.3 the following
phrase at the end of the last sentence:", recoverable by filing of
a municipal claim pursuant to 53 P.S. § 7107, et seq. for
the cost of the emergency work, 6% interest per annum, plus a penalty
of 5% of the amount due plus attorney's fees and costs waived
by the Township in connection with such demolition, removal and restoration
and the filing of the municipal claim. Such cost of the demolition,
removal and restoration, along with court costs, attorney's fees
and interest shall also be recoverable by action at law against the
record owners of the property."
F.
Section 111, Means of Appeal. Delete Sections 111.1,
111.2, 111.3, 111.4 and 111.5 in their entirety and replace them with
the following:
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111. Means of Appeal.
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111.1 Application for Appeal. Any person
aggrieved by a decision of the Code Official or a Notice or Order
issued under this Code shall have the right to appeal, within 20 days
after the date of the decision, Notice or Order appealed from, to
the Township of Harmar Board of Supervisors, which Board shall have
jurisdiction to hear and rule on appeals filed hereunder. The Board
may determine whether the full Board, or any number of Board members,
or any designated hearing officer, will hear and rule on the appeal.
Such appeal shall be filed in writing, shall state the grounds for
appeal, be accompanied by the required appeal fee of $50 or such other
fee as is set under the Township of Harmar Fee Schedule by resoultion,
and shall be processed and heard in accordance with the Local Agency
Law. All advertising and court reporter costs resulting from the appeal
will be paid by the appellant prior to commencement of the appeal
hearing.
111.2. All appeals under the Property Maintenance
Code must be based on a claim that the true intent of this Code or
the rules legally adopted thereunder have been incorrectly interpreted,
that the provisions of this Code do not apply, that the requirements
of this Code are satisfied by other means or that the strict application
of the Code would cause an undue hardship due to the unique circumstances
involving the property in question such that strict application of
the Code would prevent the property owner or occupant from making
reasonable use of the property.
111.3. The Board may consider the following factors
in deciding a claim of hardship:
111.3.1. Whether the owner or occupant has complied
with prior orders or agreements covering maintenance of the property;
111.3.2. Whether the owner or occupant has a history
of investment or improvement at the property;
111.3.3. Whether the cost of repair or compliance
is reasonable in relation to the value of the property and the danger
presented by the property;
111.3.4. Whether enforcement of the Code would
result in a taking without compensation;
111.3.5. The length of time any violations have
existed;
111.3.6. Degree of mitigation attempted;
111.3.7. Number and severity of violations at the
property;
111.3.8.Visibility of violations from the street
and neighboring properties;
111.3.9. Existence of similar conditions at neighboring
properties;
111.3.10. Danger presented by the violations to
children or the sick or elderly.
G.
Chapter 3, General Requirements, Section 302, Exterior Property
Areas.
(1)
In Section 301.3, Vacant Structures and Land, add the following
sentence:
On premises without a structure, there shall be no limit on
the height of weeds or plant growth.
(2)
In Section 302.4, Weeds, delete the first sentence and replace
it with the following new first sentence:
On a premises containing a structure, all premises and exterior
property shall be maintained free from weeds or grasses in excess
of eight inches in height.
(3)
Add new Subsection 302.10, Prohibited Furniture, to read as
follows:
302.10, Prohibited Furniture. Furniture which would
be adversely affected by the elements and are susceptible to infestation
by insects, rats or other vermin is prohibited from being placed or
stored on exterior property. Such prohibited furniture shall include,
but is not limited to, upholstered couches and couches, davenports,
beds, sofas and any other interior-type fabric-covered articles not
designed or intended for use in an exterior area.
H.
Section 304, Exterior Structure, Section 304.14, Insect
Screens. Insert the words, "April 1 to October 31 in the spaces provided
in the first sentence of this section."
I.
Section 308.2, Disposal of Rubbish. Amend this section
to read as follows:
308.2, Disposal of Rubbish. Both the owner and
occupant of a structure shall be responsible for the disposal of all
rubbish in a clean and sanitary manner by placing such rubbish in
approved containers. Rubbish containers may not be placed at the curb
earlier than 7:00 p.m. of the night prior to collection and such containers
must be removed from the curb by 7:00 p.m. on the day of collection.
J.
Section 308.3, Disposal of Garbage. Amend this section
to read as follows:
308.3, Disposal of Garbage. Both the owner and
occupant of a structure shall be responsible for the disposal of garbage
in a clean and sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers. Garbage
containers may not be placed at the curb earlier than 7:00 p.m. of
the night prior to collection and such containers must be removed
from the curb by 7:00 p.m. on the day of collection.
K.
Section 602.3. Insert dates as follows in the space
provided: "from September 1 to May 31."
L.
Section 602.4. Occupiable Work Spaces. Insert dates
as follows in the space provided: "from September 1 to May 31."
