[HISTORY: Adopted by the Borough Council of the Borough of
Bellefonte 12-20-2010 by Ord. No. 12202010-02. Amendments noted
where applicable.]
It is the intent and purpose of this chapter to adopt a modern
property maintenance code, which will prescribe effective standards
and minimum requirements for buildings and premises in the Borough
of Bellefonte. This code is designed to cover every facet of housing
and property maintenance in order to ensure that persons in or visiting
the Borough are provided with a safe and sanitary environment.[1]
[1]
Editor's Note: The Bellefonte Property Maintenance and
Safety Code is included at the end of this chapter.
[Added 6-5-2017 by Ord.
No. 06052017-01]
It is hereby adopted by the municipality for the intent and purposes set forth in § 425-1 that certain code known as the Centre Region Building Safety and Property Maintenance Code, 2017 Edition, as promulgated by the Centre Region Council of Governments, except such provisions which may be in conflict with the laws of the Commonwealth of Pennsylvania or the regulations issued by an agency of the Commonwealth by virtue of such laws and which provide a more stringent standard and which are required to be observed by the municipality or the provisions of other ordinances of this jurisdiction which are in conflict with the provisions of this chapter, regardless of the strictness of the provisions. The provisions of the Centre Region Building Safety and Property Maintenance Code, 2017 Edition, as amended, are set forth in the copy presently on file in the office of the Municipal Manager, and are hereby adopted as fully as if set forth in length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the municipality, except as modified by this chapter and any subsequent amendments thereto.
[Added 6-5-2017 by Ord.
No. 06052017-01; amended 11-18-2019 by Ord. No. 11182019-01]
The following articles and sections of the Centre Region Building
Safety and Property Maintenance Code, 2017 edition, as adopted, are
amended, deleted, or altered as follows:
A.
Alter:
Section 101.2 Scope. To read: The provisions of this code shall apply
to all existing residential and nonresidential structures and all
existing premises and constitute minimum requirements and standards
for premises, structures, equipment and facilities for light, ventilation,
space, heating, sanitation, protection from the elements, life safety,
safety from fire and other hazards, and for safe and sanitary maintenance;
the responsibility of owners, owner's authorized agent, operators
and occupants; the occupancy of existing structures and premises,
and for administration, enforcement and penalties.
Exception: Owner-occupied single-family dwellings that do not
require a rental housing permit are exempted from all sections of
this code except Sections 101, 102, 103, 104, 105, 106, 107, 108,
109, 110, 111, 112, 302, 303, 304, 306, exterior provisions of 307.1,
312, 318, 604, and Chapters 2, 9, 10, and 11 of this code.
B.
Alter:
Section 104.2.1 Rental Housing Inspection frequency. To read:
1.
All rental
properties shall be inspected at least once every 36 months. The next
regular inspection will be scheduled 36 months or sooner from the
last regular inspection, not the last re-inspection date.
C.
Add: Section
106.3.8 Storage violation. To read: In addition to the imposition
of the penalties herein described, the code official, municipal enforcement
official, or police officer is authorized to issue field fines for
violations of Section 318. A fine of $150 per occurrence shall be
issued for each occurrence observed. Each day that a violation continues
after due notice has been served, in accordance with the terms and
provisions hereof, shall be deemed a separate offense. Any person,
firm, or corporation violating one or more of these sections is exempt
from the notification requirements set forth in Section 107. Failure
to pay the fine, in full, to the Centre Region Council of Governments
(COG) or the issuing municipality within 10 days of issuance will
result in legal action in accordance with Section 106.3. All violations
of Section 318 can be appealed either to the Director of Code Administration
or Municipal Manager, if issued by the municipality, within seven
calendar days of issuance.
D.
Add: Section 315 Vegetative growth: To read: No person, film or corporation
owning or occupying any property within the Borough of Bellefonte
shall permit any grass or weeds or any other vegetation whatsoever
to grow or remain upon such premises to exceed a height of six inches
or so as to cause unpleasant or noxious odors, conceal filthy deposits
or create or produce pollen.
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Exception:
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a)
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Vegetation which is edible and cultivated for that purpose shall
be permitted to exceed a height of six inches.
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b)
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Vegetative growth commonly recognized as having an ornamental
purpose shall be permitted.
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c)
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For the purposes of this section, trees, bushes and hedges shall
not be considered vegetation subject to the height limitation.
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d)
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Noxious weeds prohibited by the Noxious Weed Control Law, 3
P.S. § 255.8, as amended, or as it may be amended in the
future, or by regulations of the Department of Agriculture, shall
not be permitted to grow within the Borough of Bellefonte either generally
or as exceptions to the height limitations set forth above.
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E.
Add: Section 315.1 Vegetative growth and right-of-way encroachment.
To read: No person, firm or corporation owning or occupying any property
within the Borough of Bellefonte shall permit any weeds or brushes
to grow and remain upon that portion of the street or alley immediately
in front of or adjoining said premises between the property line and
the outer edge of any adjacent street or alley. It is the intent and
meaning of the section that a portion of the streets or alleys between
the property line and the outer edge of the roadway, commonly known
as the right-of-way, which space should only be occupied by lawns,
sidewalks and shade trees, shall be maintained not to exceed a height
of six inches by the owner, tenant, occupant or agent of the property
immediately abutting such space. Vegetative growth commonly recognized
as having an ornamental purpose shall be permitted.
F.
Add Section 315.2 Vegetative violations. To read: Grass, weeds, or
other vegetation so growing on any property in the Borough or on any
public right-of-way or public utility easement adjoining or adjacent
to such property is hereby declared to be a nuisance and abatable
as such at law or in equity
G.
Add: Section 316 Unlicensed vehicles. To read: Except as provided
for in other regulations, no inoperative, unlicensed or uninspected
motor vehicle or trailer designed to be towed by a motor vehicle shall
be parked, kept or stored on any premises. No vehicle or trailer shall
at any time be in a state of major disassembly, disrepair or in the
process of being stripped or dismantled. Painting of vehicles or trailers
is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type or trailer is permitted to
undergo major overhaul, including bodywork, provided that such work
is performed inside a structure or similarly enclosed area designed
and approved for such purposes.
H.
Add Section
318 Storage violations. To read: It is a violation of this code to
allow the accumulation of material, debris, or rubbish, regardless
of combustibility, on or around the exterior of any building, dwelling,
or structure that is not specifically constructed for exterior use
and which in the opinion of the code official creates an attractive
nuisance.
I.
Add: Section
318.1 Abatement. To read: After 30 calendar days past the initial
notice of violation, the municipality may choose to abate the attractive
nuisance and charge the responsible party the actual cost of abatement
plus an additional 10% administrative fee.
J.
The title of Table 404.5. is now: Table 404.5. Minimum Habitable
Space (square feet [square meters]) applies to all properties.
K.
Table 404.5.1 is deleted.
L.
Table 404.5.2 is deleted.
M.
Alter: Section 805.8 Offenses. To read: For the purpose of this suspension
provision, offenses are violations of the Borough of Bellefonte Zoning
Ordinance.
N.
Section 806 Rental Housing Permit Suspension for Nuisance and Criminal
Violations is modified as follows: All notations to Borough or State
College Borough shall be changed to Borough of Bellefonte.
O.
Alter: Section 806.11.1 Refuse. To read: Refers to garbage, refuse, and municipal solid waste regulations enforced by the Borough of Bellefonte Ordinance Enforcement and Zoning Officers pursuant to Chapter 482, Solid Waste, of the Borough of Bellefonte Code.
P.
Alter: Section 806.11.2 Property maintenance (interior and exterior).
To read: Refers to regulations for the maintenance of residential
property as generally enforced by the Centre Region Code Administration,
pursuant to this code with the exception of Chapter 9 (Fire Code).
R.
Alter: Section 806.1.1.4 Noise. To read: Refers to the enforcement of Chapter 372, Noise, of the Borough of Bellefonte Code.
S.
Alter: Section 806.11.5 Vegetation. To read: Refers to enforcement
of grass and weeds pursuant to Section 315, Vegetative growth, of
this code.
T.
Alter: Section 806.11.9 Dogs. To read: Refers to enforcement of dog offenses pursuant to Chapter 193, Animals, of the Borough of Bellefonte Code.
U.
Alter: Section 806.11.10 Fire Code. To read: Refers to regulations
for the prevention of fires at rental properties as adopted in Chapter
9 (Fire Code) of this code.
V.
Section 807 is deleted
[Amended 11-18-2019 by Ord. No. 11182019-01]
The provisions of this chapter shall be in full force and effect
on January 1, 2020.
