[HISTORY: Adopted by the Borough Council of the Borough of Souderton 11-7-2016 by Ord. No. 728. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 270.
Nuisances — See Ch. 415.
A certain document, three copies of which are on file in the office of the Code Enforcement Officer of Borough of Souderton being marked and designated as the International Property Maintenance Code, 2015 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Souderton for regulating and governing the conditions and maintenance of all property, buildings and structures; by 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; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Souderton are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 471-2 of this chapter.
The following sections of the International Property Maintenance Code, 2015 Edition, are hereby revised as follows:
A. 
Section 101.1. Title. These regulations shall be known as the Property Maintenance Code of the Borough of Souderton hereinafter referred to as "the code."
B. 
Section 103.5. Fees. Fees for activities and services performed by the Code Enforcement Officer in carrying out the responsibilities under this code shall be established from time to time by separate resolution of Souderton Borough Council.
C. 
Section 202 General Definitions shall be amended to add the following:
(1) 
The terms "junk" "trash" and "debris" are used synonymously and each as herein used shall include, without limitation, the following: Automobiles on private property that are unregistered, unlicensed, inoperable or that would otherwise fit the definition of an abandoned vehicle under the Pennsylvania Motor Vehicle Code, used articles or used pieces of iron, scrap metal, automobile parts or automobile body parts, automobile engines, engine parts, mechanical parts of machinery, discarded or unserviceable boats or boat trailers, discarded or nonserviceable trailers, campers or parts of campers nonserviceable or derelict mobile homes, sheds or parts of the same. Discarded lawn mowers, lawn tractors or parts therefrom, nonserviceable swimming pools or parts therefrom, used tires, furniture, appliances, used lumber or building materials or any article which can attract or crate a harborage for vermin or insects. Lawn, tree and garden waste which may form a harborage for insects or vermin. Ashes, garbage, industrial by-products or waste, construction debris or waste, empty cans, food containers, bottles, crockery, utensils of any kind, boxes, barrels and/or all other articles customarily considered trash or junk which is not properly and safely kept inside a building and can be seen from any other location.
(2) 
The term "private premises" shall mean any lot or parcel of land owned or occupied by a person, whether or not improved with any dwelling, house, building, or other structure, whether inhabited or temporarily or continuously uninhabited or vacant.
(3) 
Residential properties shall include all single-family and multifamily homes except those whose trash removal is provided in a common container generally referred to as a "dumpster."
(4) 
The term "person" as used shall include any person, firm or corporation or other legal entity.
(5) 
The term "receptacle" shall refer to any container designed for and used for the collection and temporary storage of garbage, debris, recyclable materials or other waste products while awaiting regularly scheduled removal or removal within 14 days from the deposit of any article within the container.
D. 
Section 302 Exterior Property Areas shall be amended as follows:
(1) 
Section 302.4. Weeds. Weeds and plant growth shall not exceed a height of six inches.
(2) 
New Section 302.10 Porch and Deck Furniture. Furniture placed on a porch or deck shall be constructed and manufactured for the specific purpose of exterior use. It shall be unlawful to situate typical interior living furniture on exterior porches and decks.
(3) 
New Section 302.11 Vehicle Parking on Lawn Surfaces. Vehicles must be parked on stone or paved parking surfaces. Vehicles shall not be parked or stored on lawn surfaces.
E. 
Section 304.14. Insect Screens. Insect screens shall be provided during a period from April 1 through October 1.
F. 
Section 308 Rubbish and Garbage shall be amended to add a new Section 308.4 with the following additional regulations:
(a)
It shall be unlawful for any person to accumulate, place, store or allow the accumulation, placement or storage of any junk, trash, recyclable materials or debris visible on any premises within the Borough of Souderton. Each person as defined by this code that creates, possesses or holds any item or items subject to this code shall have an affirmative responsibility to have those items removed and lawfully disposed of. All items subject to this code, with the exception of common household waste, and any other waste containing food products shall be removed or lawfully disposed of within 21 days. Household waste, recyclable materials and other waste containing food shall be lawfully disposed of within seven days or more often as needed.
(b)
Receptacles for household waste and recyclables shall be stored on residential properties so as not to create a nuisance to any other property. The storage location must be adjacent to a primary or accessory building and in no circumstance shall the storage be at or adjacent to the sidewalk or street.
(c)
Household receptacles which are to be picked up from a public street shall not be placed at the curb for more than 24 consecutive hours for collection. Household receptacles shall be removed from the street promptly after collection.
(d)
The operator of every commercial establishment or multifamily residence producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers (dumpsters) provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
(e)
Locations for dumpsters used for commercial and multifamily use shall be subject to approval by the Souderton Borough Code Enforcement Officer. Dumpsters are not to be placed or stored in locations that impede the path or right of way of vehicles or pedestrians. Dumpsters used for the collection of any kind of food waste or household waste shall be emptied at least every seven days or more often as needed. Dumpster providers shall have the responsibility to monitor their devices for cleanliness and smell. Devices with offensive odors shall be removed from the Borough and replaced with clean devices. They shall not be washed out on public or private property within the Borough.
G. 
Section 602.3 Heat Supply. Heat must be supplied during the period October 1 through April 1.
H. 
Section 602.4 Occupiable Work Space Heat must be supplied during the period October 1 through April 1.
All prior ordinances that adopted, enacted or ordained prior versions of the Property Maintenance Code for the Borough of Souderton, including specifically Ordinance No. 714, and all other ordinances or parts of ordinances in conflict herewith, are hereby repealed.
If any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Borough Council of Souderton Borough hereby declares that it would have passed this chapter, 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 legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending 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 § 471-3 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
This chapter and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force immediately upon final passage and adoption.