The International Property Maintenance Code, 2009 edition, as published by the International Code Council, is hereby adopted as the Property Maintenance Code of the Township of Conewago for regulating and governing the conditions and maintenance of all property, buildings and structures located in the Township; providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; providing for the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; and providing each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Township of Conewago which 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, if any, prescribed in §
110-2 of this chapter.
The following sections are hereby revised (Those sections or
portions thereof not revised hereby shall remain as originally stated
in the Code.):
A. Section 101.1. Insert title: "Township of Conewago."
B. Section 103.5, Fees, shall be amended to read as follows:
"The fees for activities and services performed by the Department
in carrying out its responsibilities under this code shall be as set
forth in a resolution adopted by the Board of Supervisors, with such
fees to be modified from time to time by a resolution of the Board
of Supervisors."
C. Section 106.3, Prosecution of Violation. Substitute for first sentence:
"Any person failing to comply with a notice of violation or
order served in accordance with Section 107 shall be deemed guilty
of a summary offense, and prosecution for every such offense shall
be according to the practice in the case of summary convictions. Any
such violation shall be deemed a strict liability offense."
D. Section 106.4, Violation Penalties, shall be amended to read as follows:
"Any person who shall violate a provision of this code, or fail
to comply therewith, or with any of the requirements thereof, shall,
upon conviction, be liable to pay a fine not to exceed $1,000, plus
court costs, or, in default thereof, to be sentenced and committed
to the county jail for a period not exceeding 30 days. Any such person
shall also be subject to all penalties as set forth in the Second
Class Township Code (53 P.S. § 65101 et seq., as from time
to time amended) or as otherwise provided by law. Each day that a
violation continues after due notice has been served shall be deemed
a separate offense."
E. Section 107.2, Form, Subsections 1 and 5, shall be amended to read
as follows:
"Such notice prescribed in Section 107.1 shall be in accordance
with all of the following:
1. Be in writing and be delivered to the property owner and occupant
(if applicable).
5. Inform the property owner and the occupant of the
right to appeal."
F. Section 107.3, Method of Service, Subsections 1 and 2, shall be amended
to read as follows:
"Such notice shall be deemed to be properly served if a copy
thereof is:
1. Delivered personally to the owner and/or the occupant, as appropriate;
2. Sent by certified or first-class mail to the last known address of
the owner and/or occupant, as appropriate."
G. Section 108.3, Notice, shall be amended to read, in part, as follows:
"Whenever the code official has condemned a structure or equipment
under the provisions of this section, notice shall be posted in a
conspicuous place in or about the structure affected by such notice
and served on the owner, occupant or other person or persons responsible
for the structure or equipment in accordance with Section 107.3. .
."
H. Section 108.4, Placarding, shall be amended to read, in part, as
follows:
"Upon failure of the owner, occupant or person responsible to
comply. . ."
I. Section 112.4, Failure to Comply, shall be amended to read as follows:
"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 charged
with a summary offense and shall, upon conviction, be liable to pay
a fine not to exceed $1,000, plus court costs, or, in default thereof,
to be sentenced and committed to the county jail for a period not
exceeding 30 days."
J. Section 202, General Definitions. The definition of the term "rubbish"
is revised as set forth below:
[Added 12-18-2017 by Ord.
No. 2017-C]
RUBBISH
Combustible and noncombustible waste materials, discarded
and/or used materials, articles or things, excluding garbage, including,
but not limited to, the residue from the burning of wood, coal and
other combustible materials, paper, rags, cloth, leather, wood, glass,
plastic, metal, rubber, cardboard, cartons, cans, bottles, jars, boxes,
bins, open containers or other items that may accumulate standing
water, waste building materials, broken and unused or unusable furniture
and household goods, inoperable motor vehicles and vehicle parts,
inoperable trailers, machinery and equipment and/or parts therefrom,
tree branches, yard trimmings, grass clippings, mineral matter and
other items similar to any of the above.
K. Section 302.4. Weeds. Insert: "six inches."
L. Section 304.14. Insect Screens. Insert: "from April 1 to November
30."
M. Section 602.3. Heat Supply. Insert: "from October 1 to April 30."
N. Section 602.4. Occupiable Work Spaces. Insert: "from October 1 to
April 30."
All other ordinances or parts thereof in conflict herewith are
hereby repealed.
If any section, subsection, sentence, clause or phrase of this
chapter is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this chapter.
The Board of Supervisors hereby declares that it would have passed
this law, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in §
110-3 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
This law and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
and be in full force and effect five days from and after the date
of its final passage and adoption.