[HISTORY:[1] Adopted by the Borough Council of the Borough of Shippensburg 6-6-2017 by Ord. No. 920, approved June 6, 2017. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 75, Brush, Grass and Weeds, adopted
5-16-1972 by Ord. No. 412, approved 5-16-1972, as amended, was repealed
7-19-1994 by Ord. No. 635, approved 7-19-1994.
This chapter, together with the most current edition of the
International Property Maintenance Code, as amended from time to time,
shall be known as the "Property Maintenance Code of the Borough of
Shippensburg."
This chapter shall apply to all residential, commercial, and industrial property within the Borough of Shippensburg; however, the provisions of this chapter shall not amend, replace, or modify the provisions of Chapter 87, entitled the "Residential Rental Property Maintenance Code of the Borough of Shippensburg" and the properties set forth in § 87-4 A.101.2, entitled "Scope" shall continue to be regulated by the provisions of Chapter 87 and shall not be subject to provisions of this chapter.
A.
A certain document, three copies of which are on file in the office of the Secretary of the Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania, being marked and designated as "International Property Maintenance Code, 2015," as amended hereafter from time to time and published by the International Code Council, be and is hereby adopted by the Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania, for the regulation of properties in the Borough of Shippensburg set forth in § 75-2 of this Code.
B.
All of the
provisions, penalties, conditions and terms of the International Property
Maintenance Code, 2015, as amended hereafter from time to time and
published by the International Code Council, are hereby referred to,
adopted and made a part hereof as if fully set out in this chapter
with the additions, insertions, deletions, and changes prescribed
in this chapter.
This provision of this chapter shall take effect on June 6,
2017.
The following sections of the International Property Maintenance
Code of 2015 are hereby revised, removed, replaced, or modified as
follows:
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101.1 Title. These regulations shall be known as
the "Property Maintenance Code of the Borough of Shippensburg," hereinafter
referred to as this "Code" or the "Code."
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101.2 Scope. The provisions of this code shall apply to residential, commercial, and industrial property within the Borough of Shippensburg, unless such property is regulated under the provisions of Chapter 87, entitled the "Residential Rental Property Maintenance Code of the Borough of Shippensburg" and constitutes the minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
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102.6 Historic Buildings. All structures which are subject to regulation by this code in accordance with Section 101.2 which are historic structures shall be subject to the applicable provisions of this code; however, all historic structures located in the Historic Preservation District as defined and delineated in Chapter 78 of the Code of the Borough of Shippensburg shall remain subject to the provisions of Chapter 78 of the Code of the Borough of Shippensburg, which provisions shall be implemented in conjunction with the provision of this code, and if a conflict exists between such provisions, the more restrictive provision(s) shall apply. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the Code Official to be safe and in the public interest of health, safety and welfare.
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103.1 General. The Borough of Shippensburg shall
designate a Code Official from time to time.
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103.2 Appointment. Deleted.
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103.3 Deputies. The Council of the Borough of Shippensburg
shall have the authority to appoint a deputy Code Official(s), other
related technical officers, inspectors, and other employees.
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103.4.1 Legal Defense. Deleted.
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103.5 Fees. The fees for services, inspections,
and activities performed by the department in carrying out its responsibilities
under this ordinance shall be as set forth in the Fee Schedule of
the Borough of Shippensburg, adopted by resolution and amended from
time to time.
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106.3 Prosecution of Violation. Any person failing
to comply with a notice of violation or order serviced in accordance
with Section 107 shall be deemed guilty of a summary offense. If the
notice of violation is not complied with, the Code Official may institute
the appropriate proceedings at law or in equity to restrain, correct,
or abate such violation, or to require the removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto. Any
corrective action taken by the authority having jurisdiction over
such premises may be charged against the real . estate upon which
the structure is located and shall be a lien upon such real estate.
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106.4 Violation penalties. Any person, firm, or
corporation who shall violate any provision of this ordinance shall,
upon conviction thereof, be subject to a fine of not more than $1,000
or imprisonment for term not to exceed 30 days, or both at the discretion
of the court. Each day that a violation continues shall be deemed
a separate offense.
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106.6 Administrative search warrants. The Code
Official may seek an administrative search warrant to ensure that
any property regulated by this code is in compliance with this code. | |
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106.7 Violations as public nuisances. Any property
regulated by this code that is in violation of this code may be considered
a public nuisance and be abatable as such in accordance with 8 Pa.C.S.A
§ 32A03(a).
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111.2 Membership of Board. The Code Appeals Board
(the "Board") shall consist of five members who shall be appointed
by the Council of the Borough of Shippensburg. Each member shall have
been a resident of the Borough for at least one year prior to appointment.
The terms of office of the members of the Board shall be five years;
provided, however, that the terms of office shall be fixed so that
the term of one member shall expire each year.
(Sections 111.2.1 through 111.2.4 shall remain as provided in
the International Property Maintenance Code.)
Section 111.2.5, Compensation of Board members, is deleted.
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111.3 Notice of meeting. The Board shall meet at
its regularly scheduled meeting, notice of which shall be published
in accordance with the requirements for publishing public notice of
local agency meetings. The Board may also hold special meetings, which
meetings shall be held in accordance with the Sunshine Act.[1]
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111.4.1 Procedure. The board shall conduct the
public hearing in accordance with the Local Agency Law[2] adopted by the Commonwealth of Pennsylvania.
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111.6 Board decisions. The Board shall modify or
reverse the decision of the Code Official only by a concurring vote
of a majority of the Board members present at the public hearing.
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111.7 Court review. Any person aggrieved by an
adjudication of the Board of Appeals who has a direct interest in
such adjudication shall have the right to appeal therefrom to the
court vested with jurisdiction of such appeals by or pursuant to Pennsylvania
Law.
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111.9 Extension of time. The Board shall have the
ability to grant extensions of time for the completion of repairs
or maintenance required by this code upon a hearing held in accordance
with this code; provided, however, that for correction orders issued
as a result of inspections occurring in the months of November through
February, which correction orders require exterior corrections such
as, but not limited to, exterior painting or the repair/replacement
of sidewalks, which corrections cannot be completed due to weather
conditions, the Borough Manager may grant an extension, which shall
not extend the time for completion further than May 31.
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112.4 Failure to comply. Any person who shall continue
any work after having been served with a stop-work-order except such
work as that person is directed to perform to remove a violation or
unsafe condition, shall be liable for the penalty set forth in Section
106.4.
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SECTION 202
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GENERAL DEFINITIONS
The following definitions shall be added or amended as appropriate.
The definitions set forth in the code that are not amended herein
shall remain in full force and effect.
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DWELLING UNIT. One or more rooms in a dwelling
or apartment hotel designed primarily for occupancy by one family
for living or sleeping purposes.
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EASEMENT. A right-of-way granted for limited use
of property by the landowner for a public or quasi-public purpose
and within which the owner of the property shall not have the right
to make use of the land in a manner that violates the right of the
grantee.
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FAMILY.
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A.
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An individual or couple and the children thereof with not more
than two other persons related directly to the individual or couple
by blood or marriage; or
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B.
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A group of unrelated persons, excluding domestic workers, living
together as a single housekeeping unit in a dwelling unit shall not
include more than three unrelated persons.
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302.4 Weeds. All premises and exterior property
shall be maintained free from weeds, grass or other uncultured vegetation
not edible or planted for some useful or ornamental purpose, more
than 10 inches in height when measured from the surface of the ground.
All premises and exterior property shall be maintained free from trees,
shrubs, hedges or other vegetation that overhangs sidewalks or other
pedestrian walkways at a height of less than eight feet. All premises
and exterior property shall be maintained free from trees, shrubs
or other vegetation that overhangs a road right-of-way at a height
of less than 16 feet, measured from the street surface at the curb.
All noxious weeds shall be prohibited.
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, he
or she shall be subject to prosecution in accordance with Section
106.3 and as prescribed by the authority having jurisdiction. Upon
failure to comply with the notice of violation, any duly authorized
employee of the jurisdiction or contractor hired by the jurisdiction
shall be authorized to enter upon the property in violation and cut
and destroy the weeds growing thereon, and the costs of such removal
shall be paid by the owner or agent responsible for the property.
Noxious weeds shall be those listed on the noxious weed control list
found at 7 Pa. Code § 110.1, which list shall be available
at the Borough Office for inspection.
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304.14 Insect Screens. Deleted.
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602.3 Heat supply. Modify as follows: the following
dates shall be added in the areas that currently contain the word
"DATE": The first "DATE" shall be changed to "October 15," and the
second "DATE" shall be changed to "May 15."
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602.4 Occupiable work spaces. Modify as follows:
the following dates shall be added in the areas that currently contain
the word "DATE": The first "DATE" shall be changed to "October 15,"
and the second "DATE" shall be changed to "May 15."
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