[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne 12-2-2010 by Ord. No. 693, of the 1984 Code of Ordinances. Amendments noted where applicable.]
The International Property Maintenance Code, 2009 edition, as published by the International Code Council, and as may be updated and revised from time to time, is hereby adopted as the "Property Maintenance Code" of the Borough of Lemoyne, Cumberland County, Pennsylvania for regulating and governing the conditions and maintenance of all property, buildings and structures. The Property Maintenance Code shall include the standards for supplied utilities and facilities and other physical components and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use, the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the Borough of Lemoyne. The Property Maintenance Code shall also provide for the issuance of permits and collection of fees therefor. 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 Lemoyne are hereby referred to adopted, and made a part hereof, as if fully set out herein, with the additions, insertions, deletions and changes, if any prescribed in § 370-2 below.
[Amended 1-3-2012 by Ord. No. 706; 2-1-2015 by Ord. No. 731]
The following sections of the Property Maintenance Code are hereby revised as follows:
Section 103.3 is amended to read as follows:
103.3 Deputies. The Council of the Borough of Lemoyne shall have the authority to appoint a deputy Code Official(s), other related technical officers, inspectors, and other employees.
Section 103.5 is amended to read as follows:
103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be established by resolution approved by Lemoyne Borough Council.
Section 104.1 is amended to read as follows:
104.1 Interpretation. The Code Official is hereby authorized and directed to enforce the provisions of this code and shall have the authority to interpret and implement the provisions of this code.
Section 106.3 is amended to read as follows:
106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a summary offense. If the notice of violation is not complied with, the Code Official may institute the appropriate proceedings at law or in equity to 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 corrective action taken by the authority having jurisdiction over such premises may be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
Section 106.4 is amended to read as follows:
106.4 Violation penalties. Any person, firm, or corporation who or which shall violate any provision of this code shall, upon conviction thereof; be subject to a fine of not less than $100 nor more than $1,000, plus costs of prosecution and reasonable attorney fees; in default of payment of said fine and cost, said person may be subject to imprisonment for a term not to exceed 30 days. Each day that a violation continues shall be deemed a separate offense. All fines collection for the violation of this chapter shall be paid to the Borough of Lemoyne.
Section 106.6 is amended to read as follows:
106.6 Administrative search warrants. The Code Official may seek an administrative search warrant to ensure that any property regulated by this code is in compliance with this code.
Section 106.7 is amended to read as follows:
106.7 Violations as public nuisances. Any property regulated by this code that is in violation of this code may be considered a public nuisance and be abatable as such in accordance with 8 Pa.C.S.A. § 32A03.
Section 107.2 is amended to read as follows:
Section 107 is amended by adding thereto the following:
[Added 8-10-2017 by Ord. No. 746]
107.7 Notice to abate health hazard or public nuisance. It shall be the duty of the Code Official to cause a notice to be served upon the owner or occupant of any premises whenever such property is maintained so as to constitute a health hazard or a public nuisance and to require abatement of the health hazard or public nuisance within 10 days from the date of service of such notice or such or period of time as may be set forth in the notice. Service of such notice shall be provided in Section 107.3.
107.7.1 Performance of work upon noncompliance with notice. In the event that the owner or occupant shall refuse or neglect to abate such health hazard or public nuisance within the time period as required by such notice, or in the event that the owner or occupant shall perform action necessary to eliminate the health hazard in a negligent or incomplete fashion, the Code Official may cause such condition to be eradicated and/or removed, or take action necessary to eliminate such health hazard or nuisance of which the owner or occupant has been notified, keeping an account of the expense of inspecting the premises, service of notice and abating the health hazard and nuisance. All such costs and expenses shall be charged to and paid by the owner or occupant.
107.7.2 Collection of costs. All costs and expenses the Borough incurs in the abatement of such health hazards and public nuisances shall be a lien upon the premises. The Borough may bill the property owner for all costs and expenses, plus an administrative fee of 10% of such costs and expenses. If the bill is not paid within 30 days, the Borough Manager or designee shall file a municipal claim and/or civil action for such costs, expenses, administrative fees and for allowable attorney's fees, in the manner provided by law for the collection of municipal claims and/or the filing of civil actions.
107.7.3 Service fees for recurring violations. When a property has been declared a "public nuisance" by the Code Official due to refuse accumulation, vermin or rodent infestation, lack of required utilities, facilities, equipment or other property maintenance violations, deemed a detriment to the occupants of a property or the public-at-large and/or causes a blighting condition; the Code Official will notify the property owner and/or occupant. In the event of a reoccurrence of the violation within a twelve-month period, the following service charges will be assessed against the property owner and/or occupant, in addition to any other applicable fines, charges and/or costs:
107.7.4 Notice of violation and quick ticket procedures. In addition to other law enforcement mechanisms available to the Borough under this code, the Code Official is authorized to issue "notice of violation" notices for Property Maintenance Code violations and "Quick Tickets" for violations regarding high weeds and grass, garbage, rubbish and animal waste, snow removal violations and abandoned vehicles when the notice of violation has not been acted upon to the satisfaction of the Code Official. The fines for the above-referenced violations shall be payable within 15 days. Repeat offenders shall be subject to additional penalties. Failure to pay the Quick Ticket within 15 days may result in a summary citation being issued through the Magisterial District Judge's office. Borough Council shall approve the Quick Ticket forms and penalty amounts by resolution.
Section 111.2 is amended to read as follows:
111.2 Membership of Board. The Code Appeals Board (the "Board") shall consist of five members who shall be appointed by the Council of the Borough of Lemoyne. Each member shall have been a resident of the Borough for at least one year prior to appointment. The terms of office of the members of the Board shall be five years; provided, however, that the terms of office shall be fixed so that the term of one member shall expire each year.
(Sections 111.2.1 through 111.2.4 shall remain as provided in the International Property Maintenance Code.)
Section 111.2.5, Compensation of Board members, is deleted.
Section 111.3 is amended to read as follows:
111.3 Notice of meeting. The Board shall meet at its regularly scheduled meeting or at a special meeting upon the call of the Chairman, notice of which shall be published in accordance with the requirements for publishing public notice in accordance with the Sunshine Act.
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
Section 111.6 is amended to read as follows:
111.6 Board decisions. The Board shall modify or reverse the decision of the Code Official only by a concurring vote of a majority of a quorum on the Board members.
Section 111.6.2 is amended to read as follows:
111.6.2 Administration. The Code Official shall take immediate action in accordance with the decision of the Board, unless properly appealed to a court of appropriate jurisdiction.
Section 111.7 is amended to read as follows:
111.7 Court review. Any person aggrieved by an adjudication of the Board of Appeals who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals by or pursuant to Pennsylvania law.
Section 111.9 is amended to read as follows:
111.9 Extension of time. The Board shall have the ability to grant extensions of time for the completion of repairs or maintenance required by this code upon a hearing held in accordance with this code; provided, however, that for correction orders issued as a result of inspections occurring in the months of November through February, which correction orders require exterior corrections such as, but not limited to, exterior painting or the repair/replacement of sidewalks, which corrections cannot be completed due to weather conditions, the Borough Manager may grant an extension, which shall not extend the time for completion further than May 31.
Section 304.3 is amended to read as follows:
304.3 Add the following to current Section 304.3: Posting of house numbers on the rear of property is required when the rear of the property, in accordance with this section, is bordered by a street or alley.
Section 304.14 is amended to read as follows:
304.14 Insert April 1 into the first [DATE] notation of current Section 304.14 and insert October 31 into the second [DATE] notation of current Section 304.14.
Section 308. The contents of Section 308 shall be deleted and replaced with the following: All exterior property and premises, and the interior of every structure shall be free from any accumulation of rubbish and garbage and shall comply with Lemoyne Borough Code of Ordinances, Chapter 445, Article II, Refuse Disposal and Recycling.
Section 602.3 is amended to read as follows:
602.3 is amended by deleting the following phrase: "during the period from [DATE] to [DATE].
Section 602.4 is amended to read as follows:
602.4 is amended by deleting the following phrase: "during the period from [DATE] to [DATE].
When fees are imposed under the Property Maintenance Code, a statement of the fees shall be mailed to the property owner. If the fees are not paid within 30 days of mailing, a certificate of nonpayment shall be filed with the Borough Treasurer and mailed to the owner. Failure to pay required fees or other costs and expenses incurred by the Borough in enforcement of this code shall be a violation of this code. The Borough may institute an action to recover such unpaid fees, costs and expenses in a court of competent jurisdiction. To the extent provided in any judgment or applicable law, all such fees, costs and expenses shall be a lien on the owner's structure and may be collected in the same manner as delinquent taxes.