A certain document, at least three copies of which are on file
and available for public use, inspection and examination in the offices
of the Borough of Bath, being marked and designated as "International
Property Maintenance Code, 2021 Edition," as published by The International
Code Council, Inc., be and is hereby adopted as the Borough of Bath
Property Maintenance Code for the control of buildings and structures
as herein provided; and each and all of the regulations, provisions,
penalties, conditions and terms of the said International Property
Maintenance Code are hereby referred to, adopted and made part hereto,
as if fully set out in this chapter, with the additions, amendments,
insertions, deletions, modifications and changes, if any, as prescribed
below in this chapter.
The following insertions and modifications shall be made in
the Borough of Bath Property Maintenance Code at the places hereinafter
indicated:
A. Chapter
1 Part 1 Scope and Administration, Section 101, General, Subsection IPM-101.1 Title:
(1) Modify subsection 101.1, entitled "Title," which subsection shall
read as follows:
"101.1 Title. These regulations shall be known
as the Borough of Bath Property Maintenance Code, hereinafter referred
to as 'this code.'"
B. Chapter
1 Part 2 Administration and Enforcement, Section 103, Code Compliance Agency, Subsection IPM-103.1 Creation of agency:
(1) Insert "Borough of Bath Parking & Code Enforcement Department"
after "The" and at the space indicated "[INSERT NAME OF DEPARTMENT]".
C. Chapter
1 Part 2 Administration and Enforcement, Section 104, Department of Property Maintenance Inspection, Subsection IPM-104.1 Fees:
(1) Modify subsection 104.1, entitled "Fees," which subsection shall
read as follows:
"104.1 Fees. The fees for activities and services
performed by the department in carrying out its responsibilities under
this code shall be as indicated in the 2022 Schedule of Fees, adopted
by resolution of Council, which schedule of fees is on file and available
for public use, inspection and examination in the offices of the Borough
of Bath and incorporated herein by reference as if fully set out in
this Ordinance, which fee schedule may be amended from time-to-time
by resolution of Council for the Borough of Bath."
D. Chapter
1 Part 2 Administration and Enforcement, Section 107, Means of Appeal, is hereby deleted.
E. Chapter
1 Part 2 Administration and Enforcement, Section 108, Board of Appeals, is hereby deleted.
F. Chapter
1 Part 2 Administration and Enforcement, Section 109, Violations, as follows:
(1) Modify subsection IPM-109.3 entitled "Prosecution of violation,"
which subsection shall read as follows:
"109.3 Prosecution of violation. Any person failing
to comply with a notice of violation or order served in accordance
with Section 111.4 shall be deemed guilty of the violations of the
code set forth in the notice of violation or order. If the notice
of violation or order is not complied with, the Borough of Bath shall
institute the appropriate proceeding under the Pennsylvania Rules
of Criminal Procedure for summary offenses and/or appropriate action
or proceeding at law or in equity in the Court of Common Pleas of
Northampton County to prevent, restrain, correct or abate such violation,
or to require the removal or termination of the unlawful occupancy
of the structure in violation of the provisions of this code or of
the order or direction made pursuant thereto. Any action taken by
the Borough of Bath on such premises shall be charged against the
real estate upon which the structure is located and shall be a lien
upon such real estate."
(2) Modify subsection IPM-109.4 entitled "Violation penalties," which
subsection shall read as follows:
"109.4 Violation penalties. Any person who violates
or permits a violation of this code shall, upon conviction in a summary
proceeding brought before a Magisterial District Judge under Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not less than $100 nor more than $1,000
for each such violation, plus court costs and reasonable expert witness
and attorney's fees incurred by Borough of Bath for the enforcement
proceedings. In default of payment, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. A separate violation
shall arise for each section of the code violated. Each day or portion
thereof that a violation continues or is permitted to continue after
due notice has been served shall also constitute a separate violation."
(3) Modify subsection IPM-109.5 entitled "Abatement of violation," which
subsection shall read as follows:
"109.5 Abatement of violation. In addition to the
penalties provided by this code, the Borough of Bath may institute
appropriate action or proceeding at law or in equity in the Court
of Common Pleas of Northampton County to prevent, restrain, correct
or abate any violation of this code, or to require the removal or
termination of the unlawful occupancy of the structure in violation
of the provisions of this code or of the order or direction made pursuant
thereto. In the event the Borough of Bath institutes appropriate action
or proceeding at law or in equity in the Court of Common Pleas of
Northampton County pursuant to this section, the defendant or defendants
shall be liable to the Borough of Bath for court costs and reasonable
expert witness and attorney's fees incurred by Borough of Bath
for the enforcement action or proceeding and those costs plus costs
for any action taken by the Borough of Bath on such premises shall
be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate."
G. Modify Chapter
1 Part 1 Administration and Enforcement, Section 110, Stop Work Order, Subsection IPM-110.4 Failure to comply, which subsection shall read as follows:
"110.4 Failure to comply. 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 subject to a fine of not less
than $500 or no more than $1,000 for each such violation, plus costs
including reasonable expert witness and attorney's fees incurred
by the Borough of Bath in preparing to bring the proceeding, bringing
the proceeding and for prosecuting the proceeding. Each day that a
violation continues after due notice has been served shall be deemed
a separate violation."
H. Chapter
1 Part 2 Administration and Enforcement, Section 111, Unsafe Structure and Equipment, as follows:
(1) Modify subsection IPM-111.4 entitled "Notice," which subsection shall
read as follows:
"111.4 Notice. Whenever the code official determines
that there has been a violation of this code or has grounds to believe
that a violation has occurred, notice shall be given in the manner
prescribed in Sections 111.4.1 and 111.4.2 to the owner or owner's
authorized agent, for the violation(s) as specified in this code.
Notices for condemnation procedures shall comply with this section."
(2) Modify subsection IPM-111.4.1 entitled "Form," which subsection shall
read as follows:
"111.4.1 Form. Such notice shall be in accordance
with all of the following:
1.
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Be in writing.
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2.
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Include a description of the real estate sufficient for identification.
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3.
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Include a statement of the violation or violations and why the
notice is being issued.
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4.
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Include a correction order allowing a reasonable time to make
the repairs and improvements required to bring the dwelling unit or
structure into compliance with the provisions of this code.
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5.
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Include a statement of the right to file a lien in accordance
with Section 109.3.
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6.
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Inform the owner or owner's authorized agent that owner
has the right to defend owner in summary proceeding that Borough of
Bath may commence before a Magisterial District Judge under Pennsylvania
Rules of Criminal Procedure pursuant to Section 109.4 in the event
owner fails to comply with the correction order set forth in this
notice.
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7.
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Inform the owner or owner's authorized agent that owner
has the right to defend owner in action or proceeding at law or in
equity in the Court of Common Pleas of Northampton County that Borough
of Bath may commence pursuant to Section 109.5 in event owner fails
to comply with the correction order set forth in this notice."
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(3) Modify subsection IPM-111.4.2 entitled "Method of service," which
subsection shall read as follows:
"111.4.2 Method of service Such notice shall be
deemed to be properly served where a copy thereof is served in accordance
with one of the following methods:
1.
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A copy is delivered personally to owner or owner's authorized
agent.
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2.
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A copy is delivered personally at the residence of the owner
to an adult member of the family with whom owner resides; but if no
adult member of the family is found, then to an adult person in charge
of such residence.
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3.
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A copy is delivered personally at the residence of owner to
the clerk or manager of the hotel, inn, apartment house, boarding
house or other place of lodging at which owner resides.
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4.
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A copy is delivered personally at any office or usual place
of business of the owner or owner's agent or to the person for
the time being in charge thereof.
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5.
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A copy is sent by certified or registered mail addressed to
the owner or owner's agent at the last known address with the
return receipt requested.
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6.
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If the certified or registered letter referenced in #5 above
is returned showing that the letter was not delivered, a copy of the
notice shall be posted in a conspicuous place in or about the structure
affected by such notice. Service of such notice in the foregoing manner
upon the owner or owner's agent or upon the person responsible
for the structure shall constitute service of notice upon owner."
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I. Chapter 3 General Requirements, Section 302, Exterior Property Areas,
Subsection IPM-302.4 Weeds: (page 28, third line).
(1) Insert "10 inches" at the spaces indicated for "[JURISDICTION TO
INSERT HEIGHT IN INCHES]".
J. Chapter 3 General Requirements, Section 304, Exterior Structure,
Subsection IPM 304.14 Insect Screens: (page 30, first and second line).
(1) Insert "April 1 to October 30" at the spaces indicated for "[DATE]
to [DATE]".
K. Chapter 6 Mechanical and Electrical Requirements, Section 602 Heating
Facilities, Subsection IPM-602.3 Heat Supply: (page 40, fifth line).
(1) Insert "October 1 to April 30" at the spaces indicated for "[DATE]
to [DATE]".
L. Chapter 6 Mechanical and Electrical Requirements, Section 602 Heating
Facilities, Subsection IPM-602.4 Occupiable work spaces: (page 40,
third line).
(1) Insert "October 1 to April 30" at the spaces indicated for "[DATE]
to [DATE]".
M. Appendix A (Boarding standard) of the 2021 Edition of the International
Property Maintenance Code is a part of this code.
Ordinance Number 2021-704 of the Borough of Bath and all other codes and ordinances or parts of codes or ordinances in conflict with this ordinance, chapter or Code are hereby repealed, but only to the extent of such conflict and except for any enforcement as cited in §
470-5 of this chapter.
The provisions of this chapter and of the Code and ordinance
hereby adopted, insofar as they are the same as those chapters, ordinances,
and/or codes in force immediately prior to the enactment of this chapter,
Code, and ordinance, are intended as a continuation of such ordinances,
chapters, and codes, and not as new enactments.
Nothing in this chapter or in the International Property Maintenance Code or chapter 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 §
470-3 of this chapter; nor shall any just legal right or remedy of any character be lost, impaired or affected by this chapter.