Borough of Springdale, PA
Allegheny County
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[HISTORY: Adopted by the Borough Council of the Borough of Springdale 11-20-2018 by Ord. No. 1272. Amendments noted where applicable.]
A certain document, three copies of which are on file in the office of the Borough of Springdale 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 Springdale in the Commonwealth of Pennsylvania 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 therefore; 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 Springdale 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 this chapter.
The International Property Maintenance Code is amended and modified follows:
Section 101.1. Insert: Borough of Springdale.
Section 103.5. Change: The fees for activities and services performed by the Borough of Springdale in carrying out its responsibilities under this code shall be set by resolution of Council, which may be amended from time to time. Contact the Borough Office for fee information.
Section 106.4. Any person found to be in violation of the provisions of this code shall be fined not less than $300 and not more than $1,000 for each offense. Each day that a violation continues shall be deemed a separate ongoing offense for which an additional penalty may be imposed by the Magisterial District Judge or other court of competent jurisdiction without the need for filing a separate citation for each daily offense.
Section 111. Delete in its entirety and replace with "Any person directly affected by the decision of the code official may appeal that determination to the Court of Common Pleas of Allegheny County within 30 days of the decision, notice or order was served. Appeals to the Court of Common Pleas shall not stay enforcement proceedings unless a separate supersedeas or stay is granted by the Court upon petition of the appellant."
Section 112.4. Insert "not less than $300 or more than $1,000, as may be changed from time to time by resolution of the Borough of Springdale.
Section 113. Insert the following new section:
Section 113
Certificate of Compliance
113.1 General. Every property, occupancy and use shall demonstrate compliance with these regulations by lawfully attaining a certificate of compliance issued by the proper officer(s) of the Borough of Springdale.
Upon the effective date of these regulations, any property, occupancy or use not under notice of violation or otherwise in violation of any code or ordinance of the Borough relating to the maintenance or upkeep of property in Springdale shall be deemed to possess a certificate of occupancy, and a certificate may be issued upon request under the regulations herein contained.
113.2 Revocation. Upon notice of violation given under this chapter, any previously issued or assumed certificate of compliance shall become null and void. Notice shall be given in the manner prescribed in Section 107 with further notice of violation of this section by failure to possess a certificate of compliance.
113.3 Sale or transfer of property or change in use or tenant. The sale, transfer, change in use or tenancy of property shall require an inspection of said property for compliance with these regulations. Upon application by the property owner or his or her designee, and payment of the appropriate fee, a designated officer of the Borough shall conduct an inspection for compliance and, if satisfactory, issue the certificate of compliance. Any defects shall be noted in writing and a copy provided to the applicant or his or her designee. The defect notice shall contain a notice specifying the amount of time for repair and a notice explaining appeals. A minimum of 30 days shall be allowed for repair, other than defects relating to safety. Safety defects shall be administered in accordance with applicable sections of this code.
113.4 Conditional certificate of compliance. The Code Official is authorized to issue a conditional certificate of compliance in the event the necessary repairs must be delayed due to inclement weather, unavailability of critical material due to manufacturing or shipping delays or other reasonable causes. Such certificate shall be issued for no more than 90 days. Where a sale or transfer of ownership is involved, the funds for such repairs shall be held in escrow in a manner approved by the Borough so as to guarantee compliance.
113.5 Coordination. Any inspections under this section shall be coordinated, where possible, with other inspections mandated by the Borough of Springdale so as to limit inconvenience to applicants.
Section 302.4. Insert: in excess of six inches.
Section 304.14. Insert the following:
304.14 Insect screens. Every door, window and other outside opening required for ventilation of food preparation areas, food service areas or any areas where products to be included or utilized in food or human consumption are processed, manufactured, packaged, or stored shall be supplied with approved, tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect-repellent fans, are employed.
Section 602.3. Insert: 1 October to 30 June.
Section 602.4. Insert: 1 October to 30 June.
Appendix A: The Borough of Springdale hereby adopts the boarding standards as set forth in Appendix A.
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 Borough of Springdale 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 chapter 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 in this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.