[Adopted 1-14-1972 by Ord. No. 1067]
The encroachment of trees, shrubbery, hedges, grass, weeds or
any other growing thing upon the streets and sidewalks of the Borough,
so as to interfere with pedestrian or vehicular traffic thereon or
to interfere with the vision of operators of motor vehicles or other
vehicles in observing oncoming or cross traffic, is hereby declared
to be a public nuisance.
Each owner or occupier of real estate shall maintain and trim
any trees, shrubbery, hedges, grass, weeds or any other growing thing
upon the property owned or occupied by him or her, including the area
between the sidewalk and the cartway of the street, in a safe and
orderly condition and so as to not interfere with pedestrian and vehicular
traffic or with the vision of operators of motor vehicles or other
vehicles in observing oncoming or cross traffic.
[Amended 12-17-2013 by Ord. No. 1349; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person found to be violating the provisions of this article
may be cited by any Borough police officer, Code Enforcement Officer
or any other person granted authority by the Borough to enforce its
ordinances. Any person who violates or permits a violation of this
article shall, upon being found liable therefor, pay a fine of not
more than $600, plus court costs and reasonable attorneys’ fees
incurred by the Borough in the enforcement proceedings. If the penalty
is not paid, the Borough shall initiate a civil action for collection
in accordance with the Pennsylvania Rules of Civil Procedure. Each
day a violation exists shall constitute a separate offense, and each
section of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Allegheny County.
[Adopted at time of adoption of Code (See Ch. 1, General
Provisions, Art. I)]
The Borough hereby adopts a document being marked and designated
as the 2015 International Property Maintenance Code as the official
Property Maintenance Code of the Borough of Avalon pursuant to the
Pennsylvania Borough Code for the control of buildings, structures
and property as herein provided and subject to any amendments contained
herein or that may be adopted from time to time, and each and all
of the regulations, provisions, conditions, terms, and commentary
of said 2015 International Property Maintenance Code are hereby referred
to, adopted and made a part hereof as if fully set out in this article,
with the additions, insertions, deletions and amendments, if any,
prescribed in this article.
The 2015 International Property Maintenance Code is amended
and revised, with additions, deletions and changes noted in the following
respects for purposes of applicable standards for the Borough of Avalon:
A. Section 101.1, page 1, second line, insert "Borough of Avalon" in
space provided.
B. Section 103, Department of Property Maintenance Inspection, delete
the reference to "Department of Property Maintenance Inspection" and
replace the deleted reference with a reference to "Code Official."
(1) Revise Section 103.1 to read:
§ 103.1 General. The official in charge of enforcing
this article shall be known as the "Code Official." The Code Official
may be an individual or individuals or a corporation or other organization
providing Property Maintenance Code enforcement services.
(2) Section 103.5, Fees, is revised to read:
§ 103.5. Fees. Fees shall be as set forth in the Avalon
Borough Fee Schedule as adopted and amended by Borough Council from
time to time by resolution.
C. Section 106, Violations, revise and replace sections as follows:
(1) § 106.2. Notice of Violation. The Code Official shall serve
a notice of violation or order in accordance with § 107.
Nothing herein contained shall prevent the Code Official or other
designated representative from utilizing other enforcement tools provided
for in the Avalon Borough Code, including but not limited to tickets
or other violation notices, instead of or in conjunction with the
Avalon Borough Property Maintenance Code.
(2) § 106.4. Penalties. Any person, firm or corporation who
shall violate any provision of this code shall, upon conviction thereof,
by subject to a fine of not more than $1,000. Each day that a violation
continues shall constitute a separate offense subject to the daily
maximum fine.
D. Section 109, Emergency Measures, revise and replace this section
as follows:
(1) § 109.5. Costs of Emergency Repairs. Costs incurred in
the performance of emergency work may be paid for by the Borough.
The legal counsel shall institute appropriation against the property
owner, responsible party or agent of the premises where the unsafe
structure is or was located for the recovery of such costs, plus attorney's
fees, including, but not limited to, filing of municipal claims pursuant
to 53 P.S. § 7107 et seq., for the cost of the emergency
work, 6% interest per annum, plus a penalty of 5% of the amount due
plus attorney's fees and costs incurred by the Borough in connection
with the emergency work and the filing of the municipality claim.
E. Section 111, Means of Appeal, delete §§ 111.1, 111.2,
111.3, 111.4 and 111.5 in their entirety and replace them with the
following:
§ 111. Means of Appeal.
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§ 111.1. Application for Appeal. Any person aggrieved
by a decision of the Code Official or a notice or order issued under
this code shall have the right to appeal, within 20 days after the
date of the decision, notice or order appealed from, to the Borough
of Avalon Council, which Council shall have jurisdiction to hear and
rule on appeals filed hereunder. The Council may determine whether
the full Council, or any number of Council members, or any designated
hearing officer, will hear and rule on the appeal. Such person or
persons shall serve as the "Board of Appeals" or "Board" for any purpose
provided for in the Avalon Borough Property Maintenance Code.
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Such appeal shall be filed, in writing, shall state the grounds
for appeal, be accompanied by the required appeal fee of $100 or such
other fee as is set under the Borough of Avalon Fee Schedule by resolution,
and shall be processed and heard in accordance with the Local Agency
Law. All advertising and court reporter costs resulting from the appeal
will be paid by the appellant prior to commencement of the appeal
hearing with such amounts to be held in escrow as may be determined
by the Borough Manager.
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§ 111.2. All appeals under the Property Maintenance
Code must be based on a claim that the true intent of this code or
the rules legally adopted thereunder have been incorrectly interpreted,
that the provisions of this code do not apply, that the requirements
of this code are satisfied by other means or that the strict application
of the code would cause an undue hardship due to the unique circumstances
involving the property in question such that strict application of
the code would prevent the property owner or occupant from making
reasonable use of the property.
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§ 111.3. The Board may consider the following factors
in deciding a claim of hardship:
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§ 111.3.1. Whether the owner or occupant has complied
with prior orders or agreements covering maintenance of the property.
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§ 111.3.2. Whether the owner or occupant has a history
of investment or improvement at the property.
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§ 111.3.3. Whether the cost of repair or compliance
is reasonable in relation to the value of the property and the danger
presented by the property.
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§ 111.3.4. Whether enforcement of the code would result
in a taking without compensation.
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§ 111.3.5. The length of time any violations have
existed.
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§ 111.3.6. Degree of mitigation attempted.
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§ 111.3.7. Number and severity of violations at the
property.
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§ 111.3.8. Visibility of violations from the street
and neighboring properties.
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§ 111.3.9. Existence of similar conditions at neighboring
properties.
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§ 111.3.10. Danger presented by the violations to
children or the sick or elderly.
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§ 111.4. The Board of Appeals shall have no authority
to waive requirements of the Property Maintenance Code except upon
a finding of undue hardship made pursuant to §§ 111.1,
111.2 and 111.3.
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§ 111.5. The Board of Appeals shall decide appeals
based on the vote of a majority of a quorum of the Board.
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F. Section 112, Stop-Work Order, amended to read as follows in Section
112.4:
§ 112.4. 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 liable to a fine of not more than $1,000.
Each day that a violation continues shall constitute a separate offense
subject to the daily maximum fine.
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G. Chapter 3, General Requirements, amend provisions to read as follows:
(1) Section 302.4, Weeds, insert "12 inches" in the space provided.
(2) Insert new Section 302.10, Prohibited Furniture. Furniture which
would be adversely affected by the elements and are susceptible to
infestation by inserts, rats or other vermin is prohibited from being
placed or stores on exterior property. Such prohibited furniture shall
include, but is not limited to, upholstered couches, davenports, beds,
sofas, chairs, loveseats and any other interior-type fabric covered
articles not designed or intended for use in an exterior area.
(3) Section 304.14, Insect Screens, insert the words, "April 1" to "October
31" in the spaced provided in the first sentence of this section.
(4) Section 308.2, Disposal of Rubbish, amended to read as follows:
§ 308.2, Disposal of Rubbish. Both the owner and occupant
of a structure shall be responsible for the disposal of all rubbish
in a clean and sanitary manner by placing such rubbish in approved
containers.
(5) Section 308.3, Disposal of Garbage, amended to read as follows:
§ 308.3, Disposal of Garbage. Both the owner and occupant
of a structure shall be responsible for the disposal of garbage in
a clean and sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers.
H. Chapter 6, Mechanical and Electrical Requirements, amend provisions
as follows:
(1) Section 602.3 insert dates as follows in the space provided: "September
1" to "May 31."
(2) Section 602.4, Occupiable Work Spaces, insert dates as follows in
the space provided: "September 1" to "May 31."