[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
Section 107.2 is amended to read as follows:
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107.2 Form. Such notice prescribed in Section 107.1
shall be in accordance with all of the following:
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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,
including the street address.
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3.
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The date of the inspection.
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4.
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The identity of the inspector.
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5.
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Include a statement of the violation or violations, including
citations to the appropriate ordinance section, and why the notice
is being issued.
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6.
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Include a correction order allowing up to 90 days to make the
repairs and improvements required to bring the residential structure
into compliance with the provisions of this code or the order or direction
of the Code Official.
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7.
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Inform the property owner or owner's agent of the right to appeal.
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8.
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Include a statement of the right to file a lien in accordance
with Section 106.3.
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I.
Section 107 is amended by adding thereto the following:
[Added 8-10-2017 by Ord.
No. 746]
(1)
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.
(a)
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.
(b)
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.
(c)
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:
[1]
First reoccurrence: $100.
[2]
Second reoccurrence: $150.
[3]
Third reoccurrence: $200.
[4]
All subsequent reoccurrences: $250.
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Repeat offender service fees shall be payable to the Borough
within 15 days of receipt of the Borough invoice setting forth the
service fee. Upon failure to timely pay said fee, the Borough may
institute appropriate action against the offender to recover both
the service fee and any related administrative costs.
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(d)
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.
J.
Section 111.2 is amended to read as follows:
(1)
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.
(2)
(Sections 111.2.1 through 111.2.4 shall remain as provided in the
International Property Maintenance Code.)
(3)
Section 111.2.5, Compensation of Board members, is deleted.
K.
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.[1]
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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.
S.
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.
T.
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].
U.
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.
