[HISTORY: Adopted by the Borough Council of the Borough of Abbottstown as indicated in article histories. Amendments noted where applicable.]
[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.
A. 
The Council, at its sole discretion, may grant a modification, including (but not limited to) a waiver of a specification when the literal enforcement is shown to the satisfaction of the Council to be unreasonable, or to cause undue hardship, or when an alternative specification can be demonstrated to provide equal or better results; provided, in each case, that such modification will not be contrary to the public interest and that the purpose and intent of this article is observed. The Council may grant a modification subject to condition(s).
B. 
A request for modification shall be in writing and shall identify the specification involved, state in full the grounds and facts of unreasonableness, hardship or equal or better results on which the request is based, and specify the minimum modification necessary.
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).
A. 
An appeal from the administration or enforcement of this article by the Borough Engineer, or other designated officer of the Borough, may be taken to the Borough Council.
B. 
An appeal from the decision of the Borough Council (i) on appeal from the administration or enforcement of this article by the Borough Engineer, or other designated officer, or (ii) granting or denying a request for modification, may be taken to the Court of Common Pleas of Adams County within 30 days of the date of the decision.
[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.