[HISTORY: Adopted by the Board of Supervisors of East Earl
Township 3-9-2010 by Ord. No. 160. Amendments noted where applicable.]
A certain document, three copies of which are on file in the office of the Township Secretary of East Earl Township, being marked and designated as the International Property Maintenance Code, 2006 edition, together with any subsequent editions thereof and/or any amendments thereto, as published by the International Code Council, be and is hereby adopted as the "Property Maintenance Code of East Earl Township," Lancaster County, 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 the Code on file in the office of East Earl Township 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 § 299-2 of this chapter.
The following sections of the Code are hereby revised:
A.
Section 101.1. Insert: "East Earl Township."
B.
Section 103. Change title from "Department of Property Maintenance
Inspection" to "Code Official."
C.
Section 103.1. Delete existing sentence and insert: "The Board
of Supervisors shall designate a person or persons to serve as the
Code Official."
D.
Section 103.5. Insert: "Per a fee resolution adopted by the
supervisors as revised from time to time." Delete the word "department" and substitute the words "code official" in its place.
E.
Section 104.7. Delete the word "department" and substitute
the words "code official" where found in the title and
the text.
F.
Section 106.3. Delete entire text and substitute the following text
in its place:
"Any person who shall violate a provision of this Code;
or who shall fail to comply with any of the requirements thereof;
or violate any order or notice of violation from the Code Official,
shall be liable, upon summary conviction, for fines and penalties
of not less than $100 and not more than $1,000, plus the costs of
prosecution (which fines and penalties may be collected as provided
by law) or imprisonment for a term not to exceed 30 days. All fines
and penalties collected for a violation of the Code shall be paid
to the Township. Each day that a violation continues after due notice
has been served shall be deemed a separate offense. If a notice of
violation is not complied with, the Code Official may institute 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 notice made pursuant thereto. Any action taken
by the authority having jurisdiction on such premises shall be charged
against the real estate upon which the structure is located and shall
constitute a municipal lien claim against the property."
G.
Section 107.1. Insert the following provisions at the end of the
paragraph:
"Notwithstanding the foregoing, prior to issuing a notice
of violation, the Code Official shall obtain approval from the Board
of Supervisors unless there is an immediate and imminent threat to
life or property, in which case the Code Official shall conduct himself
in accordance with Section 109 of the Code."
H.
Section 302.4. Insert: "6 inches."
I.
Section 304.14. Insert: "April 15 to September 15."
J.
Section 602.3. Insert: "September 1 to April 30."
K.
Section 602.4. Insert: "September 1 to April 30."
Any ordinance or parts of ordinances previously adopted by East
Earl Township which are inconsistent with the provisions of this chapter
are hereby revoked to the extent of the inconsistency.
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.
East Earl Township 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 contained in this chapter, or in the Property Maintenance Code 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 § 299-3 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
