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:
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(a)
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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.
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(b)
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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.
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(c)
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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.
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(d)
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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.
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(e)
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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.
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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.