[Adopted 5-20-2004 by Ord. No. 2004-03; amended in its entirety 2-20-2014 by Ord. No. 2014-01]
This article shall be known and may be cited as the "Abbottstown
Borough Construction and Materials Specifications Ordinance."
The purpose of this article is to provide for the health, safety
and welfare of the residents and property owners of Abbottstown Borough
by establishing a comprehensive set of specifications for construction
and materials applicable to land development and associated improvements
throughout the Borough.
This article shall apply to land development and associated
improvements of or on land located, in whole or in part, in the Borough,
and to street, sanitary sewer, storm sewer, water main, or other facilities
in connection therewith, except as may be regulated by other ordinances
of the Borough, subject to the following:
A. All building permit applications are subject to the prevailing Borough
Zoning Ordinance and other applicable ordinances.
B. All subdivision and land development plans are subject to the prevailing
Borough Zoning Ordinance and Subdivision and Land Development Ordinance,
and all other applicable ordinances.
C. Whenever there exists a conflict between this article and any other
applicable ordinances, the more stringent requirement shall apply.
The construction and material specifications that are the subject
of this article are set forth in the document entitled "Construction
and Material Specifications, Abbottstown Borough, Adams County," which
document is attached hereto at Exhibit A and made a part of this article
as if set forth herein in its entirety.
The Borough Engineer, or any other agent specifically designated
by the Council of the Borough of Abbottstown for this purpose, shall
have primary administration and enforcement responsibility and authority
under this article.
Any person violating any of the provisions of this article,
or who assists in the violation of this article, shall be subject
to a fine of not less than $100 nor more than $1,000, plus costs of
prosecution, including reasonable attorney's fees. Every violator
of a provision of this article shall be deemed guilty of a separate
offense each and every day such violation continues and shall be subject
to the penalty imposed by this section for each and every separate
offense. Enforcement shall be by action brought before a magisterial
district judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
The Municipal Solicitor may assume charge of the prosecution without
the consent of the District Attorney as required under Pa.R. Crim.P.
No. 454 (relating to trial in summary cases).
[Adopted 11-19-2020 by Ord. No. 2020-06]
A certain document, three copies of which are on file in the
office of the Abbottstown Borough, being marked and designated as
the International Property Maintenance Code, 2018 edition, as published
by the International Code Council (the "Code"), be and is hereby adopted
as the Property Maintenance Code of Abbottstown Borough, Pennsylvania
for regulating and governing the conditions and maintenance of all
property, buildings and structures and 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 for the condemnation of buildings and structures
unfit for human occupancy and use, and for the demolition of such
existing structures as herein provided; and for the issuance of permits
and collection of fees therefor; and each and all of the regulations,
provisions, penalties, conditions and terms of said Property Maintenance
Code on file in the office of the Abbottstown Borough are hereby referred
to, adopted and made a part hereof, as if fully set out in this legislation,
with the additions, insertions, deletions and changes, prescribed
in Section 2 of this Ordinance.
The following sections are hereby revised (those sections or
portions thereof not revised hereby shall remain as originally stated
in the Code.)
A. Section 101.1 Title. These regulations shall be known as the International
Property Maintenance Code of Abbottstown Borough hereinunder referred
to as "this Code".
B. Section 103.5 Fees. The fees for activities and services performed
by the department in carrying out its responsibilities under this
code shall be as set forth in a resolution adopted by the Borough
Council, with such fees to be modified from time to time by a resolution
of the Borough Council.
C. Section 106.3 Prosecution of violation. Substitute for first sentence:
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 and prosecution for every such offense shall be according
to the practice in the case of summary convictions. Any such violation
shall be deemed a strict liability offense.
D. Section 106.4 Violation penalties. Any person who shall violate a
provision of this code, or fail to comply therewith, or with any of
the requirements thereof, shall, upon conviction, be liable to pay
a fine not to exceed $1,000 plus court costs, or, in default thereof,
to be sentenced and committed to the county jail for a period not
exceeding 30 days. Any such person shall also be subject to all penalties
as set forth in the Borough Code (8 Pa. C.S.A. Sections 101-3501)
or as otherwise provided by law. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
E. Section 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, upon conviction, be liable to pay a fine
not to exceed $1,000, plus court costs, or, in default thereof, to
be sentenced and committed to the county jail for a period not exceeding
30 days.
F. Section 302.4 Weeds. Insert: six inches.
G. Section 304.14 Insect screens. Insert: from April 1 to November 30.
H. Section 602.3 Heat supply. Insert: from October 1 to April 30.
I. Section 602.4 Occupiable workspaces. Insert: October 1 to April 30.