Ord. No. 1253, 8/6/2025[1]]
The 2021 International Property Maintenance Code, as published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code of Quakertown Borough; for the control and maintenance of property, buildings, and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this Part, with the additions, insertions, deletions, and changes as prescribed below in this Part.
[1]
Editor's Note: This ordinance amended in its entirety Part 1, Code Enforcement, adopted by Ord. 1169, 3/3/2010, as amended by Ord. 1186, 12/7/2011. Article II of Ordinance 1253 states: All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed with the following exceptions. If an ordinance adds additional requirements that are not in conflict with the adopted IPMC standards (Ex: requiring a permit), such ordinances are not repealed. This Ordinance shall not be construed to repeal the following ordinances: Part 1, General Nuisances, and Part 2, Brush, Grass, Plants, Weeds, and Noxious Vegetation, of Chapter 10, Health and Safety; and all of Chapter 4, Buildings, Chapter 8, Floodplains, Chapter 18, Sewers and Sewage Disposal, Chapter 20, Solid Waste, Chapter 21, Sidewalks and Curbs, Chapter 21A, MS4 Stormwater Management, Chapter 22, Subdivision and Land Development, Chapter 23, Swimming Pools, and Chapter 27, Zoning. When possible, these ordinances shall be read as consistent with this Ordinance. Where there is a direct conflict, the provisions of this Ordinance shall be enforced.
[Ord. No. 1253, 8/6/2025]
1. 
The following replacements, insertions, and modifications shall be made in the 2021 International Property Maintenance Code at the places hereinafter indicated:
A. 
Subsection 101.1 Title:
Replace "[NAME OF JURISDICTION]" with "Quakertown Borough."
B. 
Section 101 Scope and General Requirements:
Modify to add a new Subsection 101.5 which shall read as follows: "101.5 Appendices. Appendix A - Boarding Standard is hereby adopted as a part of the Property Maintenance Code of Quakertown Borough."
C. 
Subsection 102.3 Application of other codes:
Modify to read as follows: "Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Pennsylvania Uniform Construction Code, as adopted by Quakertown Borough. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the Quakertown Borough Zoning Ordinance."
D. 
Subsection 102.7 Historic buildings:
Modify to read as follows: "The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the code official to be safe."
E. 
Subsection 102.8 Referenced codes and standards:
Modify to add a new Subsection 102.8.3 which shall read as follows: "102.8.3 PA UCC. Where a referenced code has been adopted in whole or in part by the Pennsylvania Uniform Construction Code and/or the regulations promulgated thereunder, as amended, said referenced code shall be interpreted, applied, and enforced in compliance with the Pennsylvania Uniform Construction Code, as adopted by Quakertown Borough."
F. 
Subsection 103.1 Creation of agency:
Modify to read as follows: "Creation of the Office of the Code Official. The Office of the Code Official is hereby created, and the executive official in charge thereof shall be known as the code official, who shall be responsible for the implementation, administration, and enforcement of the provisions of this code."
G. 
Subsection 103.2 Appointment:
Modify to read as follows: "The code official shall be appointed by the Borough Council and shall serve at the pleasure of the Borough Council."
H. 
Subsection 104.1 Fees:
Modify to read as follows: "The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be set forth in the Quakertown Borough Fee Schedule."
I. 
Subsection 105.3 Right of entry:
Modify the last sentence to read as follows: "If entry is refused, the code official is authorized to seek an administrative warrant to secure entry."
J. 
Section 107 Means of appeals:
This section shall be modified to read as follows:
107 - MEANS OF APPEALS
107.1 General. Any appeal from any decision of the code official shall be heard by the Quakertown Borough Appeals Board ("Appeals Board"), pursuant to and consistent with the practices and procedures established for or by such Board. Any person shall have the right to appeal a decision of the code official to the Appeals Board. The Appeals Board shall be authorized to hear evidence from appellants and the code official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
107.2 Limitations of authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed. The Appeals Board shall not have authority to waive requirements of this code.
107.3 Court Review. Any person aggrieved by a decision of the Appeals Board may appeal this decision to the Bucks County Court of Common Pleas. Such an appeal shall be filed within thirty (30) days of the issuance of the decision. Within thirty (30) days of the filing of an appeal, the Borough and the owner and/or tenant of the premises directly involved in the appeal may intervene in the appeal as of course by filing a notice of intervention, accompanied by proof of service of the same upon each appellant or each appellant's counsel of record. All other intervention shall be governed by the Pennsylvania Rules of Civil Procedure.
107.4 Administration and procedures. Except as otherwise specifically provided within this Section 107, all appeals shall be conducted in conformance with the Pennsylvania Local Agency Law (2 Pa.C.S.A. § 551 et seq.), as amended, and the Pennsylvania Sunshine Act (65 Pa.C.S.A. § 701 et seq.), as amended. The Appeals Board shall conduct hearings and make decisions in accordance with the following requirements:
107.4.1 Application for appeal. An application for appeal shall be filed on a form obtained from the code official within thirty (30) days after the notice was served.
107.4.2 Limitation of authority. The Appeals Board shall not have authority to waive requirements of this code or interpret the administration of this code.
107.4.3 Stays of enforcement. Appeals of notice and orders, other than Imminent Danger notices, shall stay the enforcement of the notice and order until the appeal is heard by the Appeals Board.
107.4.4 Notice of hearing. Written notice of the hearing shall be given to the applicant, the code official, and to any person who has made timely request for the same. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land or building at least one (1) week prior to the hearing.
107.4.5 Hearing schedule. The first hearing before the Appeals Board shall commence within sixty (60) days from the date of acceptance of the application unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Appeals Board shall be held within forty-five (45) days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record.
107.4.6 Open hearing. All hearings before the Appeals Board shall be open to the public. The applicant, the applicant's representative, the code official, the Borough, and any person, including civic or community organizations, whose interests are affected shall be given an opportunity to be heard.
107.4.7 Oaths and subpoenas. The chair or vice chair of the Appeals Board shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
107.4.8 Representation. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
107.4.9 Rules of evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
107.4.10 Appeals Board decision. The Appeals Board shall only modify or reverse the decision/determination of the code official by a concurring vote of three (3) or more members. The Appeals Board shall render a written decision within forty-five (45) days after the last hearing before the Appeals Board. The decision shall contain findings of fact and conclusions based thereon, together with the reasons therefor. A copy of the decision shall be furnished in a timely fashion to the applicant and/or the applicant's representative, the code official, and any other person/entity granted party status in the hearing.
K. 
Section 108 Board of appeals:
This section shall be deleted in its entirety and marked "Reserved."
L. 
Subsection 109.3 Prosecution of violation:
Modify to read as follows: "Any person failing to comply with a notice of violation or order served in accordance with Section 111.4 shall be deemed in violation of this code, and this violation shall be considered a strict liability offense. If the notice or order is not complied with, the code official may institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation; to impose fines, penalties, and/or costs for such violation; and/or to require the removal or termination of the unlawful occupancy of the structure or property in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the Borough shall be charged against the real estate upon which the violation is located and shall be a lien upon such real estate."
M. 
Subsection 109.4 Violation fines and penalties:
Modify to read as follows: "Any person who is found by a court of competent jurisdiction, including but not limited to a Magisterial District Court or Court of Common Pleas, to have violated a provision of this code; to have failed to comply with any of the requirements of this code; or to have failed to comply with an order, directive, or notice of the code official concerning this code shall be liable for a fine or penalty of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for each violation, plus any and all costs incurred by the Borough in bringing an action against such violation, including but not limited to consultant fees, attorneys fees, and expert witness fees. Each day that a violation continues shall be deemed a separate offense punishable by the above-described fines/penalties and costs. Each provision violated shall be considered a separate offense punishable by the above-described fines/penalties and costs."
N. 
Subsection 109.5 Abatement of violation:
Modify to read as follows: "The code official may prohibit and order the removal any nuisance or dangerous structure on public or private grounds, including, but not limited to, accumulations of garbage and rubbish, the storage of abandoned or junked automobiles, and obstructions or nuisances within the rights-of-way of public or private streets. The code official may require the removal of any nuisance or dangerous structure by the owner or occupier of the grounds or may have the Borough remove the nuisance or dangerous structure itself. If the Borough undertakes this removal, it can collect the cost of removal, together with a penalty of ten percent (10%) of the cost, in the manner provided by law for the collection of municipal claims, an enforcement action, or via an action at law or in equity. The imposition of the fines, penalties, and/or costs herein prescribed shall not preclude the Borough Solicitor from instituting an appropriate action to restrain, correct, or abate a violation; or to prevent illegal occupancy of a building, structure, or premises; or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises."
O. 
Subsection 110.4 Failure to comply:
Modify 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 subject to a fine or penalty of not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00). Each day the work continues after the issuance of the stop work order shall constitute a separate punishable offense. Such fines/penalties are in addition to any fines, penalties, and/or costs imposed pursuant to Section 109 concerning the violation(s) on the premises."
P. 
Subsection 112.5 Costs of emergency repairs:
Modify to read as follows: "Costs incurred in the performance of emergency work are the responsibility of the owner of the premises where the unsafe structure is or was located. Such costs, however, may be initially paid by the Borough. The Borough Solicitor may institute the appropriate proceeding at law or in equity against the owner of the premises where the unsafe structure is or was located for the recovery of such costs."
Q. 
Section 202 GENERAL DEFINITIONS:
The following definitions shall be modified as follows:
CODE OFFICIAL. The Quakertown Borough Zoning Officer or other person so designated by the Quakertown Borough Council.
R. 
Section 202 GENERAL DEFINITIONS:
(1) 
The following definitions shall be inserted at the appropriate alphabetical spot into this section and shall read as follows:
JURISDICTION. Quakertown Borough.
NOXIOUS WEEDS. Any noxious vegetation covered under and prohibited by the Controlled Plants and Noxious Weeds Law (Act 46 of 2017 - 3 Pa.C.S.A. § 1501 et seq.), as amended, as Class A, B, or C Noxious Weeds or covered under and prohibited by regulations of the Pennsylvania or United States Departments of Agriculture including, but not limited to, the following:
•
Cirsium arvense, commonly known as Canadian Thistle
•
Rosa multiflora, commonly known as Multiflora Rose
•
Sorghum halepense, commonly known as Johnson Grass
•
Pueraria lobata, commonly known as Kudzu Vine
•
Cirsium vulgare, commonly known as Bull or Spear Thistle
•
Carduus nutans, commonly known as Musk or Nodding Thistle
•
Sorghum bicolor, commonly known as Shattercane
•
Lythrum salicaria, commonly known as Purple Loosestrife (all cultivars)
•
Heracleum mantegazzianum, commonly known as Giant Hogweed
•
Galega officinalis, commonly known as Goatsrue
•
Amaranthus palmeri S. Watson, commonly known as Palmer amaranth
•
Amaranthus rudis, commonly known as common waterhemp
•
Amaranthus tuberculatus, commonly known as tall waterhemp
•
Avena sterilis L, commonly known as animated oat
•
Cuscuta spp., except for native species, commonly known as dodder
•
Hydrilla verticillata Royle, commonly known as hydrilla
•
Oplismenus hirtellus, commonly known as Wavyleaf basketgrass
•
Orobanche spp., except for native species, commonly known as broom rape
•
Conium maculatum, commonly known as poison hemlock and
WEEDS. All grasses, annual plants, and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated fruits, vegetables, flowers, and plants nor cultivated vegetation in gardens.
S. 
Subsection 302.4 Weeds:
Modify to read as follows: "All premises and exterior property within 200 feet of any habitable structure or building shall be maintained free from weeds in excess of twelve (12) inches. This height restriction, however, does not apply to agricultural crops, naturalized areas, riparian buffers, managed meadows, and other no-mow zones, as determined by the Borough. All noxious weeds shall be prohibited throughout the entire premises and exterior property.
Upon failure of the owner or agent in charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 109.3. Upon failure to comply with the notice of violation, any duly authorized employee of or contractor hired by the Borough shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property."
T. 
Subsection 304.3 Premises Identification:
Modify to read as follows: "The Borough shall have final authority as to the assignment of a street number or address to each structure or premises, as well as the naming of any new streets or extensions of existing streets. Each structure or premises to which a street number has been assigned by the Borough or if the structure or premises is located in a private community, to which a street or identification number has been assigned by the community, shall have the appropriate number displayed in a location and size as to be readily observed and readable from the public or private right of way that provides access to the structure or premises.
All street or identification numbers placed on a building shall be in Arabic characters with a minimum height of six (6) inches and a minimum stroke width of one half (1/2) inch. Structures that are set back more than fifty (50) feet from the right of way providing access, or any distance where the number on said structure cannot be readily seen from the right-of-way, shall have the assigned street or identification numbers attached to a post or mailbox placed at the end of the driveway on the same side of the road as the structure is located. These street or identification numbers shall be in Arabic characters with a minimum height of four (4) inches and a minimum stroke width of one half (1/2) inch and shall be placed on both sides of the post or mailbox, at a minimum height of three (3) feet so as numbers can be seen by vehicles traveling from either direction. All street or identification numbers shall be illuminated when possible and shall be colored in contrast with the background upon which the number is placed.
No street numbers shall be painted upon any public curbs, streets, signs, posts, or sidewalks, without the prior written approval of the Borough and shall only be done in compliance with any instructions for the Borough. Any display of a street address upon any of these public facilities shall be in addition to the display of the street or identifications numbers required above."
U. 
Subsection 304.7 Roofs and drainage:
Modify the last sentence of the paragraph to read as follows: "Roof water shall not be discharged in a manner that creates a public nuisance nor shall it be connected to or drained into any sanitary sewer system or facility."
V. 
Subsection 304.14 Insect screens:
Replace the phrase "During the period from [DATE] to [DATE]" with "Where appropriate, during the period from May 1 to November 1."
W. 
Subsection 507.1 General:
Modify to read as follows: "Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance nor shall it be discharged to or drained into any sanitary sewer system or facility."
X. 
Subsection 602.3 Heat supply:
Replace the phrase "during the period from [DATE] to [DATE]" with "during the period from October 1 to May 1."
Y. 
Subsection 602.4 Occupiable work spaces:
Replace the phrase "during the period from [DATE] to [DATE]" with "during the period from October 1 to May 1."
Z. 
Any and all references to the "building official" shall be revised to read "code official."
AA. 
Any and all references to the "governing body" or "chief appointing authority of the jurisdiction" shall be revised to read "Borough Council."
BB. 
Any and all references to the "International Building Code," "International Residential Code," "International Existing Building Code," "International Energy Conservation Code," "International Fuel Gas Code," "International Mechanical Code," "International Plumbing Code," and/or "NFPA 70" shall be revised to reference such Code or Codes as adopted under the Pennsylvania Uniform Construction Code, as amended, and the regulations promulgated thereunder; and/or as adopted by Quakertown Borough.
[Ord. No. 1253, 8/6/2025]
The provisions of this Part, so far as they are the same as those of ordinances, codes, rules, and regulations in force immediately prior to this amendment of this Part, are intended as a continuation of such ordinances, codes, rules, and regulations and not as new enactments. The provisions of this Part shall not affect any act done or liability incurred, nor shall they affect any suit of prosecution pending or to be instituted to enforce any of these repealed ordinances, codes, rules, or regulations.
[Ord. No. 1216, 9/7/2016]
1. 
It is the purpose and intent of the Borough of Quakertown to establish a process to address the amount of deteriorating real property located within the Borough, which includes property, whether vacant or occupied, about which a public notice of default has been filed, is in foreclosure, or where ownership has been transferred to a lender or mortgagee by any legal method. It is the Borough's further intent to specifically establish an abandoned property program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.
2. 
For the protection and promotion of the public health, safety and welfare of the citizens of the Borough of Quakertown, the Borough Council hereby establishes the rights and obligations of owners, mortgagees and property management companies of vacant and abandoned properties within the Borough and encourages owners, mortgagees and property management companies to maintain and secure such property through registration and compliance with this Part.
[Ord. No. 1216, 9/7/2016]
Where the following words are used in this Part, they shall be defined as follows:
ABANDONED REAL PROPERTY
Any property that is vacant or is subject to a mortgage under a current notice of default or notice of mortgagee's sale, or pending tax claim sale or vacant properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.
ENFORCEMENT OFFICER
Any building official, zoning inspector, code enforcement officer, fire inspector or building inspector employed by the Borough.
EVIDENCE OF VACANCY
Any condition that, on its own or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to, overgrown or dead vegetation, accumulation of abandoned real property, as defined herein, or statements by neighbors, passersby, delivery agents or government agents, among other evidence that the property is vacant.
FORECLOSURE
The process by which a property, placed as security for a real estate loan, is sold at public sale to satisfy the debt if the borrower defaults.
MORTGAGE
A conveyance of title to property that is given as security for the payment of debt or the performance of a duty and that will become void upon payment or performance according to the stipulation.
MORTGAGEE
One to whom property is mortgaged or the mortgage creditor or lender.
MORTGAGEE IN POSSESSION
A mortgagee who takes control of mortgaged land by agreement with the mortgagor, usually upon default of the loan secured by the mortgage.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in real property; or recorded in the official records of the commonwealth, county or Borough as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the trustee, executor or administrator of the estate of such person if authorized by law to take possession of real property, or if ordered or authorized to take possession of real property by a court.
PERSON
An individual, corporation, partnership or any other group acting as a unit.
PROPERTY MAINTENANCE COMPANY
A property manager, property maintenance company or similar entity or individual responsible for the maintenance of abandoned real property.
VACANT PROPERTY
Any building or structure that is not legally occupied and has been unoccupied for a period in excess of 90 consecutive days.
[Ord. No. 1216, 9/7/2016]
The sections of this Part shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather shall be an additional remedy available to the Borough above and beyond any other state, county or local provisions for the same.
[Ord. No. 1216, 9/7/2016]
1. 
Any mortgagee who holds a mortgage on real property located within the Borough shall, upon default by the mortgagor and prior to the issuance of a notice of default, perform an inspection of the property that is the security for the mortgage. If the property is found to be vacant or shows evidence of the vacancy, it shall be deemed abandoned real property, and the mortgagee shall, within 10 days of the inspection, register the property with the Borough, or its designee, on forms provided by the Borough or through a website designated by the Borough. A registration is required for each property, whether vacant or occupied.
2. 
If the property is occupied but the mortgage on the property remains in default, the property shall be inspected to determine vacancy or occupancy status by the mortgagee or his designee monthly until:
A. 
The mortgagor or other party remedies the default; or
B. 
It is found to be vacant or shows evidence of vacancy, at which time it is deemed abandoned, and the mortgagee shall, within 10 days of that inspection, update the property registration to a vacancy status, providing the date of last inspection on forms provided by the Borough.
3. 
Registration pursuant to this section shall contain the name of the mortgagee and the servicer, the direct mailing address of both parties, a direct contact name and telephone number for both parties, a facsimile number and e-mail address for both parties, the folio or tax number, and the name and twenty-four-hour contact phone number of the property management company responsible for the security and maintenance of the property.
4. 
This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
5. 
A registration fee in the amount of $200 per property shall accompany the registration form(s).
6. 
Properties subject to this section shall remain under the registration requirement, security and maintenance standards of this section as long as they remain vacant.
7. 
Any person or corporation that has registered a property under this section must report any change of information contained in the registration, in writing, within 10 days of the change to the Borough of Quakertown.
[Ord. No. 1216, 9/7/2016]
1. 
Properties subject to this Part shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, or notices (except those required by federal, state, or local law), abandoned vehicles, portable storage devices, discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.
2. 
The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior-grade paint that matches the color of the exterior structure.
3. 
Front, side, and rear yards, including landscaping, shall be maintained in accordance with the Borough's ordinances, including, by example and not limitation, the Borough's adopted International Property Maintenance Code.
4. 
Yard maintenance shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or installation. Acceptable maintenance of yards and/or landscaping shall not include weeds, gravel, broken concrete, asphalt or similar material.
5. 
Maintenance shall include, but not be limited to, watering, irrigation, cutting, and moving of required ground cover or landscape and removal of all trimmings.
6. 
Pools and spas shall be maintained so that the water remains free and clear of pollutants and debris. Pools and spas shall comply with all requirements of the Borough's ordinances, the Borough's International Property Maintenance Code, and the Pennsylvania Uniform Construction Code, as amended from time to time.
7. 
Failure of the mortgagee or property owner on record to properly maintain the property may result in a violation of the Borough's Code and issuance of a citation or notice of violation.
[Ord. No. 1216, 9/7/2016]
1. 
Properties subject to this Part shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
2. 
A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates, and other openings of such size that may allow a child to access the interior of the property or structure. Broken windows shall be secured by reglazing of the windows.
3. 
If the property is owned by a corporation or mortgagee that is unable or unwilling to perform maintenance and inspections itself, the corporation or mortgagee shall contract with a property management company to perform biweekly inspections to verify compliance with the requirements of this section, and any other applicable laws.
4. 
The mortgagee shall inspect or have inspected the property on a biweekly basis to ensure that the property is in compliance with this Part. Upon the request of the Borough, the mortgagee shall provide a copy of the inspection reports to the Borough Code Enforcement Department.
5. 
Failure of the mortgagee or property owner of record to properly maintain the property will result in a violation of the Borough ordinance and will result in the issuance of a citation. Pursuant to a finding and determination by the Borough's Code Enforcement Office, the Borough may take the necessary action to ensure compliance with this Part.
[Ord. No. 1216, 9/7/2016]
1. 
The Borough, or its designee, shall have authority to require the mortgagee or owner of record of any property affected by this Part, to implement additional maintenance or security measures, including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard, or other measures as may be reasonably required to prevent a decline of the property. Further, in view of the last referenced authority, it is specifically declared that:
A. 
Whenever a structure or equipment is determined by the enforcement officer to be unsafe, or when the enforcement officer determines that a structure is unfit for human occupancy or found to be unlawful such that said structure shall be subject to condemnation proceedings under the International Property Maintenance Code as adopted by the Borough of Quakertown (with amendments thereto), then such unsafe structure or equipment or structure unfit for inhabitancy shall be condemned under the provisions of the International Property Maintenance Code as adopted by the Borough of Quakertown (with amendments thereto).
B. 
At the point of condemnation by the enforcement officer as identified in Subsection 1A above, all continuing and future action by the enforcement officer and all penalties and procedures shall be governed by the requirements of the International Property Maintenance Code as adopted by the Borough of Quakertown (with amendments thereto), which such code and amendments are incorporated herein by reference as though set forth at length.
[Ord. No. 1216, 9/7/2016]
Any enforcement officer or any person authorized by the enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good-faith trespass upon real property while in the discharge of duties imposed by this Part.
[Ord. No. 1216, 9/7/2016]
1. 
It shall be a violation of this Part to commit or permit any other person to commit any of the following acts:
A. 
To fail to perform any inspection or to register any property required by § 5-204 of this Part.
B. 
To fail to pay a registration fee in the amount of $200 pursuant to § 5-204, Subsection 5, of this Part.
C. 
To fail to maintain property as required under § 5-204 of this Part.
D. 
To fail to perform the inspection and maintenance relating to properties so that they are maintained in a secure manner pursuant to the provisions of § 5-205 of this Part.
E. 
To refuse to permit inspections required under this Part.
F. 
To place any false information on or to omit relevant information from an application for registration provided under this Part.
G. 
To fail or refuse to comply with any other provision of this Part.
2. 
Penalties and Remedies.
A. 
Any person who shall violate any of the provisions of this Part shall be guilty of a summary offense and, upon conviction thereof before a Magisterial District Judge, shall be sentenced to pay a fine of $500 and the cost of prosecution for each and every offense, and in default of payment thereof, shall be sentenced to imprisonment in Bucks County Prison for not more than 30 days. Each violation and each day of violation shall constitute a separate offense.
B. 
In addition to prosecution of the persons violating this Part, a Borough enforcement officer, Borough Solicitor, and any other duly authorized agent of the Borough may bring such civil or equitable actions, seeking civil or equitable remedies, in any appropriate court of record of the Commonwealth of Pennsylvania, against any persons and/or property, real or personal, to effect the provisions of this Part. The remedies and procedures of this Part are not intended to supplant or replace, to any degree, the remedies provided to the Borough in the Borough's International Property Maintenance Code, Uniform Construction Code, Zoning Ordinance, or any other Borough code, ordinance or resolution.
[Ord. No. 1216, 9/7/2016]
1. 
Any person aggrieved by the action of the Borough or its designee relevant to the provisions of this Part may appeal to the Borough's UCC Appeals Board within 30 days of that action.
2. 
Any person aggrieved by any decision of the Borough or the Borough's UCC Appeals Board relevant to the provisions of this Part may appeal to the Bucks County Court of Common Pleas within 30 days of the decision.
[Ord. No. 1216, 9/7/2016]
If any section, clause, sentence, or phrase of this Part is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Part.