[Amended 3-23-2021 by Ord. No. 21-3]
The 2015 International Property Maintenance Code (IPMC), published
by the International Code Council, is hereby adopted and amended,
and shall be cited as the "Property Maintenance Code of Hanover Township,
Northampton County, Pennsylvania."
[Amended 3-23-2021 by Ord. No. 21-3]
Standards shall be modified as follows:
A. In Section 101.1, insert "Hanover Township, Northampton County, Pennsylvania"
in place of the bracketed phrase "[NAME OF JURISDICTION]."
B. In Section 102.3, Application of other codes, amend "International Zoning Code" to read "Chapter
185 of the Code of Hanover Township, Northampton County, Pennsylvania."
C. Delete Section 106.4 and restate as follows:
106.4 Violations and penalties.
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Any person who shall violate a provision of this code shall,
upon conviction thereof, be subject to a fine of $1,000 or imprisonment
for a term not to exceed 90 days, or both, at the discretion of the
court. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
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D. Delete Section 107.2, Form, Subsection 1, and restate as follows:
"Be in writing to the property owner and occupants, if applicable."
E. Delete Section 107.3 and restate as follows:
107.3 Method of service.
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Such notice shall be deemed to be properly served if a copy
thereof is sent by certified or first-class mail addressed to the
last known address.
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F. Delete Section 111.1 and restate as follows:
111.1 Application for appeal.
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Any person aggrieved by notice of violation, determination or order issued by the Building Code Office or his/her designee or affected by any rule or regulation adopted pursuant to this Chapter 133 shall have the right to appeal to the Hanover Township Building Code of Appeals Board, provided a written application for appeal is filed within 30 days following the day the decision, notice or order was served.
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G. Delete Section 111.3 and restate as follows:
111.3 Notice of meeting.
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The board shall meet upon notice from the chairman, within 30
days of the filing of an appeal, or at stated periodic meetings.
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H. In Section 112.4, insert monetary sums of "$50" and "$1,000," respectively,
in the final line of the section.
I. In Section 302, Exterior Property Areas:
(1) Delete
Section 302.4 and restate as follows:
302.4 Weeds.
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Premises and exterior property shall be maintained in accordance with Chapter 89, Grass and Weeds, of the Hanover Township Code of Codified Ordinances.
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(2) Amend
Section 302.8 as follows:
[Amended 3-8-2022 by Ord. No. 22-3]
Section 302.8 Motor vehicle nuisances prohibited.
It shall be unlawful for any person, owner or lessee to maintain a
motor vehicle nuisance upon any premises, except when completely enclosed
in an approved structure. A motor vehicle nuisance shall include any
motor vehicle which is unable to move under its own power and has
any of the following defects:
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302.8.1 Broken windshields, mirrors or other glass
with sharp edges.
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302.8.2 One or more flat or open tires or tubes
which could permit vermin harborage.
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302.8.3 Missing doors, windows, hood, truck or
other body parts which could permit animal harborage.
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302.8.4 Any body parts with sharp edges, including
holes resulting from rust.
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302.8.5 Missing tires resulting in unsafe suspension
of the motor vehicle.
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302.8.6 Upholstery which is torn or open which
could permit animal and/or vermin harborage.
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302.8.7 Broken headlamps or tail-lamps with sharp
edges.
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302.8.8 Disassembled chassis parts apart from the
motor vehicle stored in disorderly fashion or loose in or on the vehicle.
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302.8.9 Protruding sharp objects from the chassis.
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302.8.10 Broken vehicle frame suspended from the
ground in an unstable manner.
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302.8.11 Leaking or damaged oil pan or gas tank
which could cause a fire or explosion.
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302.8.12 Exposed battery containing acid.
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302.8.13 Inoperable locking mechanism for doors
or trunk.
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302.8.14 Open or damaged floorboards, including
trunk and firewall.
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302.8.15 Damaged bumpers pulled away from perimeter
of vehicle.
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302.8.16 Broken grill with protruding edges.
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302.8.17 Loose or damaged metal trim and clips.
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302.8.18 Broken communication equipment antennas.
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302.8.19 Suspended on unstable supports.
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(3) Insert
a new subsection as follows:
302.10 Storage of mechanical parts and equipment.
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Any items intended for the construction and/or repair of automobiles,
lawn equipment and other similar machinery shall be stored in a fully
enclosed building.
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J. In Section 403.2, Bathrooms and toilet rooms, add the following sentence
at the end of the section: "Any bathroom and/or toilet room which
is renovated or installed after the date of this chapter shall be
equipped with a mechanical ventilation system vented to the exterior
of the building."
K. In Section 404.4, Bedroom and living room requirements, delete Section
404.4.1 and restate as follows:
404.4.1 Room area.
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Every living room shall contain not less than 120 square feet
(11.2 square meters) and every bedroom shall contain not less than
70 square feet (6.5 square meters) for the first occupant and an additional
50 square feet (4.6 square meters) for each additional occupant.
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L. In Section 602.3, Heat supply, insert "October 1 to April 30" in
place of the bracketed phrase "[DATE] to [DATE]."
M. In Section 602.4, Occupiable work spaces, insert "October 1 to April
30" in place of the bracketed phrase "[DATE] to [DATE]."
N. In Section 604, Electrical facilities, insert a new subsection as
follows:
604.4 The electrical means of disconnect and overload
devices for all occupied building and dwelling units shall be accessible
to the occupants of such buildings and dwelling units at all times.
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O. In Section 704, Fire protection systems, add new subsections as follows:
704.3 Smoke detection system maintenance.
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The occupant(s) of each dwelling unit shall notify the property
owner and/or agent in the event a smoke detector needs to be repaired
and/or replaced. The owner of each dwelling unit shall provide new
batteries for smoke detectors and at least annually. It shall be the
responsibility of the occupant to ensure that the batteries are not
removed for any reason. Anyone tampering or interfering with the operation
or effectiveness of a smoke detector shall be considered to be in
violation of this code and shall be subject to the penalties as set
forth in Section 106.4 of this code.
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704.4. Fire extinguishers.
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704.4.1 Fire extinguishers shall be provided and
maintained as required by Section 906.2 of the International Fire
Code and Chapter 10 of the National Fire Codes.
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704.4.2 Every dwelling unit shall be provided with
a minimum of one 2-A, 10-B: C fire extinguisher and shall be inspected
yearly as required by Section 704.4.1 of this code.
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[Amended 3-23-2021 by Ord. No. 21-3]
In all matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by regulation of departments or agencies of the
commonwealth promulgated by authority of law, such laws or regulations,
as the case may be, shall control where requirements thereof are more
restrictive than the provisions of this 2015 International Property
Maintenance Code.
The provisions of this code, insofar as they are the same as
those of ordinances and/or codes in force immediately prior to the
adoption hereof, are intended as a continuation of such ordinances
and/or codes and not as new enactments. The provisions of this code
shall not affect any act done or liability incurred prior to the adoption
hereof, nor shall they affect any suit or prosecution pending or to
be instituted to enforce any right or penalty or punish any offense
under the authority of any of the repealed ordinances and/or codes.
[Added 5-9-2017 by Ord.
No. 17-07]
A. Purpose. The provisions of this section are enacted to control planting,
growing or cultivating of bamboo in Hanover Township so as to prevent
the spread of noxious vegetation and the trespass of noxious vegetation
onto public and private properties and onto public rights-of-way.
Therefore, it is the intent of this section to ensure that the vegetation
named herein do not become a threat to the public health, safety and
welfare.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
PLANT
A living organism exemplified by trees, flowers, grasses,
shrubs, herbs, mosses, ferns, et al. The word "plant" shall be understood
to mean any and all parts of a plant, including stem and stalk, leaves,
seed pods, flowers and fruit, and roots.
RESTRICTED VEGETATION
Any plant that is determined by the Hanover Township Board of Supervisors or the Commonwealth of Pennsylvania to be injurious to public health, crops, livestock, agricultural land or other property. Such restricted vegetation is listed in §
133-5C.
C. Vegetation restricted. All species of running bamboo, including but
not limited to Acidosasa, Arundinaria, Bashania, Brachystachyum, Chimonobambusa,
Gelidocalamus, Indocalamus, Indosasa, Ochlandra, Phyllostachys, Pleioblastus,
Pseudosasa, Sasa, Sasaella, Semiarundinaria, Shibataea, Sinobambusa,
and those commonly known as common bamboo, golden bamboo and arrow
bamboo.
D. Regulations governing running bamboo.
(1) No person, firm, corporation, property owner, or possessor of property
shall plant, cause to grow or cultivate any running bamboo on any
lot or parcel of ground, subject to the following exceptions:
(a)
The root system of the running bamboo plants is entirely contained
within an aboveground planter, barrel or other container of such design,
material and location as to prevent the spread of the running bamboo
root system beyond the confines of the container in which it is contained;
or
(b)
The root system is planted in the ground but is entirely contained
within a barrier, constructed in accordance with the following specifications:
[1]
The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a thickness of at least 40 mils;
[2]
The barrier shall be secured and joined together by stainless
steel clamps or stainless steel closure strips designed to be used
with such barriers;
[3]
The barrier shall be installed at least 30 inches deep;
[4]
At least three inches of the barrier must protrude above ground
level around the entire perimeter of the running bamboo;
[5]
The barrier shall slant outward from the bottom to top.
(c)
Whether planted or growing in a container, as described herein,
all running bamboo plants shall be located, controlled and maintained
so that no part of the plant is closer than 10 feet to any public
right-of-way or property line or encroaching upon adjacent property.
(2) The owner of any property in Hanover Township on which running bamboo is growing in violation of §
133-5D(1)(c) shall remove all parts of the running bamboo plant(s) that are closer than 10 feet to any public right-of-way or property line. If the violation is the result of encroachment of the root system, the owner of the property shall remove all running bamboo plant(s) from the property or shall install the barrier described in §
133-5D(1)(b).
E. Complaint; notice; order for removal and compliance.
(1) Whenever a complaint is received by Hanover Township regarding the
encroachment of any restricted vegetation onto a public right-of-way
and/or adjacent property, or whenever Hanover Township on its own
observations and inspections determines that there is an encroachment
of restricted vegetation onto a public right-of-way, Hanover Township
shall take the necessary steps to verify that a violation of this
section has occurred. If a violation has occurred, Hanover Township
shall give notice to the property owner to control and/or remove the
offending restricted vegetation plant.
(a)
The notice shall be mailed by certified mail, return receipt
requested, properly addressed and with sufficient postage. Notice
by certified mail shall be deemed complete on the date of personal
delivery. If the certified mail is marked "refused," "unclaimed" or
otherwise undeliverable by the United States Postal Service, notice
will be sent by regular mail and by posting the notice on the property.
(b)
The notice shall specify the nature of the violation.
(c)
The notice shall state specifically what must be done by the
responsible party to correct the violation and come into compliance
with this section. The notice shall specify, as appropriate, the practices
and processes to be followed and shall set a time frame for compliance.
(d)
The notice shall state that failure to comply with the compliance
time frame will result in the removal of the restricted vegetation
by Hanover Township and that the responsible party will be billed
for all costs incurred by Hanover Township. Hanover Township may,
in its discretion, elect to issue a citation daily until such time
as the offending restricted vegetation or root system is removed by
the property owner, and the notice should so advise the responsible
party.
(2) Compliance with the provisions of the notice shall be subject to
the inspection of the Hanover Township Code Enforcement Officer.
F. Penalties. Any property owner determined by any court of competent
jurisdiction to have violated this section shall be subject to pay
a fine of $100 per day for each day that the violation persists, as
well as court costs, legal fees and any other fees incurred by Hanover
Township to enforce this section against the responsible party. Each
day of a continuing violation shall constitute a separate offense,
for which a separate fine shall be levied.