[Ord. 98, 6/2/2004, § 1]
The Township hereby elects to administer and enforce the provisions
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S.
§ 7210.101 et seq., as amended from time to time, and its
regulations.
[Ord. 98, 6/2/2004, § 2]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401-405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of the Township.
[Ord. 98, 6/2/2004, § 3]
1.
Administration and enforcement of the Code within the Township shall
be undertaken in any of the following ways as determined by the Board
of Supervisors of the Township from time to time by resolution:
A.
By the designation of an employee of the Township to serve as the
municipal code official to act on behalf of the Township.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Township.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of the Township.
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections, and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
[Ord. 98, 6/2/2004, § 4]
Board of Appeals shall be established by resolution of the Board
of Supervisors of the Township in conformity with the requirements
of the relevant provisions of the Code, as amended from time to time,
and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
the Board of Appeals shall be established by joint action of the participating
municipalities.
[Ord. 98, 6/2/2004, § 5]
1.
All building code ordinances or portions of ordinances which were
adopted by the Township on or before July 1, 1999, and which equal
or exceed the requirements of the Code shall continue in full force
and effect until such time as such provisions fail to equal or exceed
the minimum requirements of the Code, as amended from time to time.
2.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this Part and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provisions of the Code.
3.
All relevant ordinances, regulations and policies of the Township
not governed by the Code shall remain in full force and effect.
[Ord. 98, 6/2/2004, § 6]
Fees assessable by the Township for the administration and enforcement
undertaken pursuant to this Part and the Code shall be established
by the Board of Supervisors by resolution from time to time.
[Ord. 54, 11/9/1988, § 1]
This Part shall be known and cited as the "Upper Nazareth Township
Property Maintenance Ordinance."
[Ord. 54, 11/9/1988, § 2]
Recognizing the need within the Township to establish certain
minimum health and safety requirements for those building structures,
or properties which are used or associated with human occupancy, this
Part hereby establishes standards which the Township considers to
be fair and effective in meeting those minimum requirements.
[Ord. 54, 11/9/1988, § 3]
This Part, and the objective leading to its enactment, are authorized
by the following provisions of the Township, to wit.
[Ord. 54, 11/9/1988, § 4]
For the purpose of this Part, unless otherwise expressly used,
the following terns shall have the meanings herein respectively indicated:
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
An open and unoccupied space on a lot enclosed in at least
three sides by the walls of a building.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin and/or other pests.
Plot, tracts, premises or parcel of land, with or without
improvements thereto.
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or otherwise,
is vested with the title to a lot and/or improvements thereto or who
retains the exclusive control of such a lot and/or improvements thereto
in his capacity as a legal representative, such as an administrator,
trustee, executor, etc.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
Any building, or part thereof, or man-made structure, which
remains unoccupied for a period of more than six months, with either
doors, windows, or other openings broken, removed, boarded or sealed
up, or any building under construction upon which little or no construction
work has been performed for a period of more than six months.
Any open the space on the same lot with a building and, for
the most part, unobstructed from the ground up.
[Ord. 54, 11/9/1988, § 5]
The provisions of this Part shall supplement local laws, ordinances
or regulations existing in the Township or those of the Commonwealth
of Pennsylvania. Where a provision of this Part is found to be in
conflict with any provision of a local law, ordinance, code or regulation,
or those of the Commonwealth of Pennsylvania, the provision which
is more restrictive or which establishes the higher standard shall
prevail.
[Ord. 54, 11/9/1988, § 6]
1.
No owner of any buildings or structures shall fail to take steps
and perform such maintenance thereto, as may be required from time
to time, to ensure the property is safe, sound, sanitary and secure
and does not present a health and/or safety hazard to surrounding
properties and to the general populace.
2.
No owner of any unoccupied building or structure shall fail to take
such steps as may be required to insure that these are securely closed
so as to prohibit and deter entry thereto and to insure that no health
and/or safety hazard, or thereat thereof, is precipitated due to a
lack of maintenance or due to neglect.
3.
Owners of any and all unoccupied buildings and/or structures which,
through neglect, have deteriorated to the point of being classified
as unoccupied hazards, and therefore constitute a severe health and/or
safety hazard, shall, upon direction of the Township, remove, or cause
the removal of, the building and/or structure.
[Ord. 54, 11/9/1988, § 7]
1.
No person shall permit:
A.
Fences and/or minor structures to be constructed and maintained so
as to present a safety or health hazard to persons and/or property.
B.
The development or accumulation of hazards, rodent harborage and/or
infestation upon yards, courts, lots.
C.
Objectionable materials to accumulate or to be blown about the surrounding
neighborhood.
D.
Wells, cesspools, cisterns, sedimentation ponds, stormwater management
impoundment ponds and/or ponds of a similar nature to remain open
without adequate fencing or barricades to prevent access thereto by
the general public.
E.
The accumulation of heavy undergrowth and/or vegetation which would
impair the health and/or safety of the neighborhood; nor shall they
permit any trees, plants or shrubbery, or any portion thereof, to
grow on their property and which constitute a safety hazard to pedestrian
and/or vehicular traffic.
[Ord. 54, 11/9/1988, § 8]
1.
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation.
2.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse.
3.
Where there exists rodent and vermin infestation, corrective measures
shall be undertaken by the property owner and/or occupant to alleviate
the existing problem(s), to include screening, extermination and/or
garbage and refuse control. Methods employed for extermination shall
conform with generally accepted practices.
[Ord. 54, 11/9/1988, § 9]
1.
No person shall permit:
A.
Roof, surface and/or sanitary drainage to create a safety and/or
health hazard to persons and/or property by reason of inadequate and/or
improper construction, or maintenance or manner of discharge.
B.
Roof gutters, drains, or any other system designed and constructed
to transport stormwater to be discharged into any sanitary sewage
system and/or any part thereof.
C.
Any refrigerator, freezer and/or other similar storage chest to be
discarded, abandoned or stored in any place or location which is accessible
to the general public without first completely removing any and all
locking devices and/or doors.
[Ord. 54, 11/9/1988, § 10]
Any occupant of a premises shall be responsible for compliance
with the provisions of this Part with respect to the maintenance of
that part of the premises which he occupies and/or controls in a safe,
sound and/or sanitary condition pursuant to the terms of the contract/agreement
under which he exercises occupancy and/or control thereof.
[Ord. 54, 11/9/1988, § 11]
1.
Owner of premises shall comply with the provisions of this Part as
well as operators and occupants, regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
2.
In instances where en occupant is responsible, or shares responsibility
with an owner, for the existence of one or more violations of this
Part, said occupant shall be deemed responsible and treated as if
an owner within the true intent and meaning of this Part.
[Ord. 54, 11/9/1988, § 12]
The Board of Supervisors may, or may cause through an authorized
representative of the Township, entry onto premises for the purpose
of inspection of any and all premises, properties, buildings and/or
structures located within the Township for ascertaining the existence
of violations. In those matters where the nature of an alleged violation
is such that an inspection of the interior of a building or structure
is necessitated, prior arrangements must be made with the owner, or
his agent, to secure access thereof.
[Ord. 54, 11/9/1988, § 13]
1.
If noncompliance with the provisions of this Part constitutes a nuisance,
or if any condition, structure, or improvement poses a threat to the
health, safety, or welfare of the public, the (Enforcement Officer)
shall issue a written notice to be served by registered or certified
mail upon the owner of said premises, or, if the owner's whereabouts
or identity be unknown, by posting the notice conspicuously upon the
offending premises.
2.
Said notice shall specify the condition or structure or improvement
complaint of, and shall require the owner to commence to remove or
otherwise rectify the condition or structure or improvement as set
forth therein within 10 days of mailing or posting of said notice
and thereafter to fully comply with requirements of the notice within
a reasonable time.
[Ord. 54, 11/9/1988, § 14]
If the owner does not comply with the notice to abate the conditions,
within the time limit prescribed, the Township shall have the authority
to take measures to correct the conditions and collect the cost of
such corrections plus 10% of all costs. The Township, in such event
and pursuant to its statutory or otherwise authorized police powers,
shall have the right and power to enter upon the offending premises
to accomplish the foregoing.
[Ord. 54, 11/9/1988, § 15]
1.
Any person aggrieved by the decision of the (Enforcement Officer/Inspector)
may request and then be granted a hearing before the Board Supervisors;
provided, he files with the Board of Supervisors within 10 days after
notice of the (Enforcement Officer's/Inspector's) decision,
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor. The hearing shall commence not
later than 30 days after the date on which the petition was filed
unless postponed for sufficient cause.
2.
After such hearing, the Board of Supervisors shall sustain, modify
or overrule the action of the (Enforcement Officer/Inspector).
[Ord. 54, 11/9/1988, § 16; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a 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 more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 54, 11/9/1988, § 17]
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
Part.
[Ord. 54, 11/9/1988, § 18]
The remedies provided herein for the enforcement of this Part,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively at the
option of the Board of Supervisors.
