[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.