[Ord. 522, 5/19/2010, § I]
This Part, together with the 2009 International Property Maintenance
Code, First Printing, as published by the International Code Council,
Inc., adopted herein, shall be known and may be cited as the "Property
Maintenance Code of Lower Swatara Township."
[Ord. 522, 5/19/2010, § II]
1. International Property Maintenance Code. There is hereby adopted
in its entirety by Lower Swatara Township, copies of which are on
file in the Code Enforcement Department, that certain Property Maintenance
Code known as the "International Property Maintenance Code, 2009 edition,"
as published by the International Code Council, Inc., through the
effective date of the adoption of this Part, save and except portions
as are hereinafter deleted, amended or added.
2. Application. The provisions set forth in this Part and in the "2009
International Property Maintenance Code, First Printing" adopted herein
shall take effect 35 days from the date of enactment of this Part
or any amendment thereto and shall apply throughout the entire Township.
[Ord. 522, 5/19/2010, § III; as amended by Ord.
No. 569, 3/15/2017]
1. Office of Code Enforcement. All the provisions of Lower Swatara Township's Code Enforcement Ordinance [Part
1] are hereby adopted with this Part. The administration and enforcement of this Part and of the 2009 International Property Maintenance Code, First Printing, herein adopted shall be carried out by the Township's Code Enforcement Department in accordance with the procedures established by the Code Enforcement Ordinance [Part
1] and by the 2009 International Property Maintenance Code, First Printing, adopted herein. Said Code Enforcement Ordinance [Part
1] provides for certain powers and duties of a Code Enforcement Officer and for procedures relative to applications, inspections, appeals, penalties and other matters.
[Ord. 522, 5/19/2010, § IV]
1. Deletions. The following sections and subsections of the 2009 International
Property Maintenance Code, First Printing, herein adopted are hereby
deleted in their entirety:
A.
(2)
Section 112.4. Failure to Comply.
(3)
Section 111.2. Membership of the Board, along with Subsections
111.2.1 through 111.2.5.
[Added by Ord. No. 569,
3/15/2017]
2. Amendments. The following sections and subsections of the 2009 International
Property Maintenance Code, First Printing, herein adopted, are hereby
amended to read as follows:
A.
(1)
Section 101.1. Title: These regulations shall be
known as the "Property Maintenance Code of Lower Swatara Township,"
hereinafter referred to as the "Property Maintenance Code" or "this
code."
(2)
Section 111.1. Application for Appeal: Any person
directly affected by a decision of the code official or a notice or
order issued under this code shall have the right to appeal to the
board of appeals (Code Hearing Board), provided that a written application
for appeal is filed within 10 days after the day the decision, notice
or order was served. 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 the requirements of this code are adequately
satisfied by other means.
(3)
Section 111.3. Notice of Meeting: The Code Hearing
Board shall meet upon notice from the chairman, within 30 days of
the receipt of the application for an appeal.
B. Chapter 3.
(1)
Section 302.1. Sanitation: All exterior property
and premises shall be maintained in a clean, safe and sanitary condition.
Conditions which present a hazard to the health, safety, and welfare
of the general public shall not be permitted on any property or premises.
The occupant shall keep that part of the exterior property which such
occupant occupies or controls in a clean and sanitary condition.
(2)
Section 302.4. Weeds: Eight inches.
(3)
Section 302.8. Motor Vehicles: Except as provided
for, in other regulations, no motor vehicle without a current registration
and current inspection sticker shall be parked, kept or stored on
any premises, and no vehicle shall at any time be in a state of major
disassembly, disrepair, major overhaul, including body work, or in
the process of being stripped or dismantled. Painting of vehicles
is prohibited unless conducted inside an approved spray booth.
(4)
Section 304.14. Insect Screen: May 1 to October
15.
(5)
Section 305.3. Interior Surfaces/Mold: All interior
surfaces, including windows and doors, shall be maintained in good,
clean and sanitary condition. Peeling, chipping, flaking or abraded
paint shall be repaired, removed or covered. Cracked or loose plaster,
decayed wood and other defective surface conditions shall be corrected.
All interior surfaces shall be free from mold growth. Suspected
mold growth shall be tested and cleaned up by a professional mold
specialist.
(6)
Section 308.3.2. Containers: The owner of any establishment/dwelling
unit producing garbage and/or rubbish shall provide an adequate number
of approved outside garbage/rubbish storage containers. The containers
shall be made of metal, plastic, or equivalent material, ten- to thirty-gallon
capacity, shall be leakproof and shall be provided with tight-fitting
covers which shall be kept securely closed at all times.
The refuse/garbage shall be stored inside the containers at
all times. Containers may be lined with plastic bags designed for
such use. Containers shall be labeled by address. Containers shall
not be stored in the minimum required front yard setback, except containers
and/or plastic bags may be placed out for pickup 24 hours before the
day of scheduled pickup.
C. Chapter 4.
(1)
Section 404.4.1. Room Area: Every living room shall
contain at least 120 square feet and every bedroom occupied by one
person shall contain at least 70 square feet of floor area, and every
bedroom occupied by more than one person shall contain at least 50
square feet of floor area for each additional occupant thereof.
D.
(1)
Section 602.3. Heat Supply: October 1 to May 16.
(2)
Section 602.4. Occupiable Work Spaces: October
1 to May 16.
3. Additions. The following new sections and subsections are hereby
added to the 2009 International Property Maintenance Code, First Printing,
herein adopted.
A.
(1)
Section 202. Definitions:
STRUCTURAL HAZARDS
Structural hazards shall include but not be limited to the
following:
(a)
Deteriorated or inadequate foundations.
(b)
Defective or deteriorated flooring or floor supports.
(c)
Flooring or floor supports of insufficient size to carry imposed
loads with safety.
(d)
Members of walls, partitions or other vertical supports that
split, lean, list or buckle due to defective material or deterioration.
(e)
Members of walls, partitions or other vertical supports that
are of insufficient size to carry imposed loads with safety.
(f)
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag split or buckle due to defective material
or deterioration.
(g)
Members of ceilings, roofs, ceiling and roof supports, or other
horizontal members that are of insufficient size to carry imposed
loads with safety.
(h)
Fireplaces or chimneys which list bulge or settle, due to defective
material or deterioration.
(i)
Fireplaces or chimneys which are of insufficient size or strength
to carry imposed loads with safety.
UNFIT FOR HUMAN OCCUPANCY
Any building or structure which has any or all of the following
conditions or defects:
(a)
Lack of, or improper water closet, lavatory, bathtub or shower
in a dwelling unit or lodging house.
(b)
Lack of, or improper water closets, lavatories and bathtubs
or showers per number of guests in a hotel.
(c)
Lack of, or improper kitchen sink in a dwelling unit.
(d)
Lack of hot and cold running water to plumbing fixtures in a
hotel.
(e)
Lack of hot and cold running water to plumbing fixtures in a
dwelling unit or lodging house.
(f)
Lack of adequate heating facilities.
(g)
Lack of or improper operation of required ventilating equipment.
(h)
Lack of minimum amounts of natural light and ventilation required
by this code.
(i)
Room and space dimensions less than required by this code.
(j)
Lack of required electrical lighting.
(k)
Dampness of habitable rooms.
(l)
Infestation of insects, vermin or rodents as determined by the
Code Enforcement Officer.
(m)
General dilapidation or improper maintenance.
(n)
Lack of connection to required sewage disposal system.
(o)
Lack of adequate garbage and rubbish storage and removal facilities
as determined by the Code Enforcement Officer.
UNSAFE STRUCTURE
Any building or structure which has any or all of the following
conditions or defects shall be deemed to be an unsafe structure, provided
that such conditions or defects exist to the extent that the life,
health, property or safety of the public or its occupants are endangered:
(a)
Whenever any door, aisle, passageway, stairway or other means
of exit is not of sufficient width or size or is not so arranged as
to provide safe and adequate means of exit in case of fire or panic.
(b)
Whenever the walking surface of any aisle, passageway, stairway
or other means of exit is so warped, worn, loose, torn, obstructed
or otherwise unsafe as to not provide safe and adequate means of exit
in case of fire or panic.
(c)
Whenever the stress in any materials, member or portion thereof,
due to all dead and live loads, is more than 1 1/2 times the
working stress or stresses allowed in the Building Code for new buildings
of similar structure, purpose or location.
(d)
Whenever any portion thereof has been damaged by fire, earthquake,
wind, and flood or by any other cause, to such an extent that the
structural strength or stability thereof is materially less than it
was before such catastrophe and is less than the minimum requirements
of the Building Code for new buildings of similar structure, purpose
or location.
(e)
Whenever any portion or member or appurtenance thereof is likely
to fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
(f)
Whenever any portion of a building, or any member, appurtenance
or ornamentation on the exterior thereof is not of sufficient strength
or stability, or is not so anchored, attached or fastened in place
so as to be capable of resisting a wind pressure of 1/2 of that specified
in the Building Code for new buildings of similar structure, purpose
or location without exceeding the working stresses permitted in the
Building Code for such buildings.
(g)
Whenever any portion thereof has wracked, warped, buckled or
settled to such an extent that walls or other structural portions
have materially less resistance to winds or earthquakes than is required
in the case of similar new construction.
(h)
Whenever the building or structure, or any portion thereof,
because of (1) dilapidation, deterioration or decay; (2) faulty construction;
(3) the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building; (4) the deterioration,
decay or inadequacy of its foundation; or (5) any other cause, is
likely to partially or completely collapse.
(i)
Whenever, for any reason, the building or structure, or any
portion thereof is manifestly unsafe for the purpose for which it
is being used or exceeds the structural design load for the occupancy
or use.
(j)
Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity does not fall inside the middle 1/3 of the base.
(k)
Whenever the building or structure has been so damaged by fire,
wind, earthquake or flood, or has become so dilapidated or deteriorated
as to become (1) an attractive nuisance to children; (2) a harbor
for vagrants, criminals or immoral persons; or as to (3) enable persons
to resort thereto for the purpose of committing unlawful or immoral
acts.
(l)
Whenever any building or structure has been constructed, exists
or is maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the building
regulations of the Township, as specified in the Building Code, or
of any law or ordinance of the Township relating to the condition,
location or structure of buildings.
(m)
Whenever a building or structure, used or intended to be used
for dwelling purposes, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction or arrangement, inadequate light,
air or sanitation facilities, or otherwise, is determined by the Code
Enforcement Officer to be unsanitary, unfit for human habitation or
in such a condition that is likely to cause sickness or disease.
(n)
Whenever any building or structure, because of obsolescence,
dilapidated condition, deterioration, damage, inadequate exits, lack
of sufficient fire-resistive construction, faulty electric wiring,
gas connections or heating apparatus, or other cause, is determined
by the Fire Marshal to be a fire hazard.
(o)
Whenever any building or structure is in such a condition as
to constitute a public nuisance known to the common law or in equity
jurisprudence.
(p)
Whenever any portion of a building or structure remains on a
site after the demolition or destruction of the building or structure
or whenever any building or structure is abandoned for a period in
excess of six months so as to constitute such building or portion
thereof an attractive nuisance or hazard to the public.
B. Chapter 3.
(1)
Section 301.4. Street Signs: All privately owned
property, subdivisions, or land development with streets shall be
provided with street signs to include, but not be limited to: street
name signs on poles at all intersections, directional and informational
signs. Such signs shall conform to Pennsylvania Department of Transportation
and Township specifications and shall be installed by the owner in
a manner specified by the Municipal Engineer.
(2)
Section 301.5. General Conditions: Conditions which
present a hazard to the health, safety and welfare of the general
public shall not be permitted on any property or premises.
(3)
Section 302.2.1. Adjoining Property: No person,
party, or corporation shall willfully or negligently create, permit,
or allow any condition or situation on their property to adversely
affect an adjoining property.
(4)
Section 302.2.2. Sinkholes: Sinkholes vary in depth,
act as drains for surface water, and result from flushing soil, rocks,
or other surface materials into voids, either in the limestone bedrock
or soil profile. Sink holes shall be repaired using the best technical
guidance (BTG) available to repair the sinkhole to eliminate the potential
attractive nuisance hazard found on the property and/or premises.
(5)
Section 302.4.1. All Grass and Weeds: Grass and
weeds required to be maintained in accordance with Section 302.4 shall
be applicable to any unimproved or improved lot or lots within a recorded
subdivision. All grass and weeds at fence lines, property lines, border
areas, areas around structures, stored items, etc. shall be cut and/or
trimmed and maintained in accordance with Section 302.4. Active construction
sites border areas adjacent to neighboring properties shall be maintained
in accordance with Section 302.4.
(6)
Section 302.8.1. Motor Vehicle Parked on Grass: No currently registered and currently inspected motorized vehicle
shall be parked, kept or stored in the front or side yards on any
premises within 10 feet of a residential dwelling or within 10 feet
of the front, side or rear property line except in an approved parking
space (driveway, carport, or garage) or during a declared snow or
other emergency.
(7)
Section 302.8.2. Nonmotorized Vehicles on Grass: Nonmotorized vehicles (travel trailers, boat and boat trailers,
campers) or parts thereof including truck caps and similar nonmotorized
vehicles with or without required current registration and/or current
inspection shall not be parked, kept or stored on any premises within
10 feet of a residential dwelling in the front or side yards or within
10 feet of the front, side or rear property line except in an approved
parking space (driveway, carport, or garage) or during a declared
snow or other emergency.
(8)
Section 302.10. Tree Branches: All trees standing
on private property and shade trees within the public right-of-way
shall be kept trimmed over the public right-of-way by the property
owner so that the minimum height where they overhang a public walk
shall be eight feet. The minimum height where a tree overhangs a road
or street shall be 14 feet. However, the Township reserves the right
to designate a higher clearance on certain streets or roadways where
heavy traffic or other conditions make it expedient.
Broken tree branches or a damaged, diseased or weakened tree
trunk hanging over or threatening a roadway or sidewalk shall be removed.
(9)
Section 302.11. West Nile Virus: All premises and
exterior property shall be maintained to reduce the number of mosquitoes
around the area by eliminating standing water in which mosquitoes
can breed. Maintenance shall include but not limited to the following:
(a)
Dispose of anything outside that can hold water; for instance,
tin cans, ceramic pots and used tires.
(b)
Drill holes in the bottoms of recycling containers left outdoors.
(c)
Clean clogged roof gutters as needed, especially if leaves tend
to plug their drains.
(d)
Turn over plastic swimming/wading pools and wheelbarrows when
not in use.
(e)
Do not allow water to stagnate in birdbaths, ornamental pools,
water gardens, and swimming pools or their covers.
(f)
Alter the landscape of your property to eliminate standing water.
(10)
Section 302.12. Snow and Ice Removal: The owner
of every property fronting upon or alongside of any public street
or road shall remove or cause to be removed all snow, ice, slush or
any combination thereof, from the sidewalk, including that portion
of the driveway where the sidewalk crosses the driveway, for a minimum
width of three feet, within 24 hours after said snow, ice, slush or
any combination thereof shall cease to fall, unless said snow, ice,
slush or any combination thereof be so hardened or frozen that it
cannot be removed without injury to the sidewalk, in which latter
event the owner shall place salt, sand or other abrasive material
upon said snow, ice, slush or any combination thereof, within the
time provided.
Placing of snow, ice and slush on streets is prohibited. It shall be unlawful to place any snow, ice, slush or any combination
thereof, on the public street or road after the public street or road
has been plowed or cleared for the purpose of allowing passage of
vehicular traffic thereon.
[Amended at time of adoption of Code (see Ch. AO)]
(11)
Section 302.13. Stockpiling of Firewood: All firewood
stored or kept outside on the property or premises shall be stored
in the rear or side yards a minimum of five feet from the side and
rear property lines. Stockpiles shall not exceed the height of six
feet or be stored in an unstable condition that would create a hazard.
The footprint of firewood stockpile shall not exceed 2% of the yard
area in which it is located.
[Amended at time of adoption of Code (see Ch. AO)]
(12)
Section 302.14. Indoor vs. Outdoor Furniture: Appliances,
furniture and/or furnishings, including cabinetry and similar items
manufactured for indoor use shall not be used and/or stored or kept
outdoors subject to weather.
(13)
Section 302.15. Grass Clippings: It shall be unlawful
for any person, party, firm or corporation or any agent thereof to
willfully or negligently discharge, place, dump, throw, store, accumulate
or maintain, or cause to be discharged, placed, thrown, stored, accumulate
or maintain any grass clippings or other types of vegetation on the
paved portion, in storm sewer inlets of any public street within the
Township or on private property not owned by the individual responsible
for such action. The placement of leaves in the Township right-of-way
shall be excluded, providing that such leaves are placed outside the
traveled cartway portion of the street and are placed for pickup by
the Lower Swatara Township Public Works Department during scheduled
leaf collection in November and December.
C.
(1)
Section 704.5. Carbon Monoxide Detectors: A minimum
of one UL-listed carbon monoxide detector shall be installed in all
new and existing dwelling units where wood, coal, oil, or gas heating
or cooking appliances are installed. The carbon monoxide detector
shall be installed per the manufacturer's installation instructions.
(2)
Section 704.6. Gas/Charcoal Grills: Use of gas/charcoal
grills inside a structure or building or in a garage, breezeway, balcony,
carport, and porch or under a surface that is combustible shall not
be permitted unless approved by the fire official. Grills shall be
positioned a minimum of five feet away from siding, deck railings
and out from under eaves and overhanging branches.
[Ord. 522, 5/19/2010, § V]
Any person, firm or corporation who shall violate any provisions
of this Part and/or the Township Property Maintenance Code shall,
upon conviction in a summary proceeding before any Magisterial District
Judge, be sentenced for each such violation to pay a minimum fine
of not less than $50 plus costs and not more than $1,000 plus costs
for each such offense depending on the severity of the violation as
determined by the Magisterial District Judge and, in default thereof,
to undergo imprisonment in the county jail for a period not to exceed
30 days. Each day that a violation continues after due notice has
been served in accordance with the terms and provisions hereof, shall
be deemed a separate offense.
[Added by Ord. No. 569, 3/15/2017]
The Board of Commissioners of Lower Swatara Township is hereby
been appointed as the Board of Appeals with regards to Property Maintenance
Code of the Township. The Board of Appeals shall hear and rule on
appeals, requests for variance, and requests for extensions of time.
The intent of the appeal process is not to waive or set aside a code
requirement; rather, it is intended to provide a means of reviewing
the Code Enforcement Officer's decision on an interpretation
or application of the Property Maintenance Code, or to review the
equivalency of protection to the code requirements.
[Ord. 522, 5/19/2010, § VI]
1. Conflicting Provisions. Where conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern. In other conflicts where sanitation, life safety or firesafety are not involved, the most restrictive provisions shall govern. Where in any specific case different sections within any of the technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is conflict between the Administration, Chapter
1 of the International Property Maintenance Code, 2009 Edition, and the Code Enforcement Ordinance (Part
1 of this chapter), the International Property Maintenance Code 2009 Edition shall govern.
[Amended by Ord. No. 583, 9/19/2018]
2. Partial Validity. In the event any part or provision of this Part
or the International Property Maintenance Code, 2009 edition, herein
adopted is held to be illegal or void, this shall not have the effect
of making void or illegal any of the other parts or provisions thereof
which are determined to be legal; and it shall be presumed that this
Part and the International Property Maintenance Code, 2009 edition,
would have been passed without such illegal or invalid parts or provisions.
3. Segregation of Invalid Provisions. Any invalid part of this Part
or the International Property Maintenance Code, 2009 edition, herein
adopted, shall be segregated from the remainder of this Part and the
International Property Maintenance Code, 2009 edition, by the court
holding such part invalid and the remainder shall remain effective.
4. Saving Clause. Nothing in this Part or the International Property
Maintenance Code, 2009 edition, herein adopted, shall be construed
to affect any suit or proceeding now pending in any court or any rights
acquired or liability incurred or any cause or causes of action accrued
or existing under any act or ordinance repealed hereby. No right or
remedy of any character shall be lost, impaired or affected by this
Part.