[HISTORY: Adopted by the Board of Supervisors of the Township
of Hempfield 11-27-2018 by Ord.
No. 2018-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building code — See Ch. 40.
Solid waste — See Ch. 70.
Stormwater management and land disturbance activity — See Ch. 72.
Zoning — See Ch. 87.
[1]
Editor's Note: This ordinance also repealed former Ch.
63, Property Maintenance, adopted 3-26-2012 by Ord. No. 2012-02, as
amended.
A certain document, three copies of which are on file in the office of the Secretary of the Township of Hempfield, being marked and designated as the International Property Maintenance Code, 2015 Edition, as from time to time amended, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Hempfield, Westmoreland County, Commonwealth of Pennsylvania and shall be designated as Chapter 63 thereof for regulating and governing the conditions and maintenance of 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 said Property Maintenance Code on file in the office of the Township of Hempfield 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 § 63-2 of this chapter.
The following sections are hereby revised:
A.
Section 101.1: Insert: "Township of Hempfield."
B.
Section 101.2: The term "all" in lines 1 and 2 shall be deleted.
C.
Section 102.3, Application of other codes, is hereby amended to read
as follows:
102.3 Application of other codes.
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Repairs, additions or alterations to a structure, or changes
of occupancy shall be done in accordance with the procedures and provisions
of the Pennsylvania Construction Code Act, 35 P.S. § 72110.101
et seq, as it may from time to time be amended, the Uniform Construction
Code Regulations promulgated by the Pennsylvania Department of Labor
and Industry, 34 Pennsylvania Code, Section 401.1 et seq, as it may
from time to time be amended and the Hempfield Township Uniform Construction
Code Ordinance No. 790 as it may from time to time be amended.
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D.
Section 103, Department of Property and Maintenance Inspection. Sections
103.1, 103.2 and 103.3 are hereby deleted.
E.
Section 103.5, Fees, is hereby amended to read as follows:
The fees for activities and service performed by the Township
of Hempfield in carrying out its responsibilities under this Code
shall be indicated in a resolution adopted by the Township of Hempfield
and as may be from time to time amended.
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F.
Section 104.1 is hereby amended to read as follows:
The Code Official is hereby authorized and directed to enforce
the provisions of this Code. The Township shall have authority as
necessary in the interest of public health, safety and general welfare,
to adopt and promulgate rules and procedures to be used by the Code
Official to interpret and implement the provisions of this code; to
secure the intent thereof; and to designate requirements applicable
because of local climatic or other conditions. Such rules shall not
have the effect of waiving structural or fire performance requirements
specifically provided for in this code, or of violating, accepted
engineering methods involving public safety.
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G.
Section 106.3 Prosecution of violation, is hereby amended to read
as follows:
Violations and penalties. Any person who fails
to comply with any or all of the requirements or provisions of this
article or who fails or refuses to comply with any notice, order or
direction of the Code Office or any other authorized employee of the
municipality shall be guilty of an offense and, upon conviction, shall
pay a fine to the Township of Hempfield of not more than $1,000, plus
costs of prosecution. In default of such payment, such person shall
be imprisoned in county prison for a period not to exceed 30 days.
Each day during which any violation of this article continues shall
constitute a separate offense. In addition to the above penalties,
all other actions are hereby reserved, including an action in equity
for the proper enforcement of this article. The imposition of a fine
or penalty for any violation of or noncompliance with this article
shall not excuse the violation or noncompliance or permit it to continue,
and all such persons shall be required to correct or remedy such violations
and noncompliances within a reasonable time. In the enforcement of
this chapter, the Code Official, at his sole discretion, may prior
to the institution of the aforesaid provisions for prosecution of
violation, issue a nontraffic citation for violations of this article,
which shall give notice to the person responsible for the violation
the right to pay the Township of Hempfield in lieu of fines and costs
the following:
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a.
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a fine of $50 for the first violation of this chapter,
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b.
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a fine of $150 for the second violation of this chapter, and
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c.
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a fine of $500 for a third violation of this chapter.
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If the same is paid to the Township of Hempfield within five
business days after the time of the issuance of the citation. In the
event the citation is not paid, then the Code Official or his designated
representative shall proceed to bring an action at the Magisterial
District Judge having jurisdiction within the Township of Hempfield.
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H.
Section 111.1, Application for appeal, is hereby amended to replace
20 days with 30 days.
I.
Section 111.2.5, Compensation of members, is hereby amended to read
as follows:
"Members of the Board shall receive no compensation."
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J.
Section 111.7, Court review, is hereby amended to read as follows:
Any person aggrieved by the decision of the board of appeals
shall have the right of appeal to the Court of Common Pleas, Westmoreland
County, Pennsylvania, pursuant to the Pennsylvania Local Agency Law
2 Pa. C.S.A. § 551 et seq.
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K.
Section 202, General definitions.
(1)
CODE OFFICIAL is hereby amended to read as follows:
The Code Officer of the Township of Hempfield or any duly authorized
officer of the Township of Hempfield.
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(2)
INOPERABLE MOTOR VEHICLE, is hereby amended to read as follows:
A vehicle which cannot be driven upon the public streets including
but not limited to being unlicensed, uninsured, uninspected, wrecked,
abandoned, in a state of disrepair, or incapable of being moved under
its own power.
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(3)
The following definitions are hereby added to read as follows:
WETLANDS –– Those areas that are inundated
or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands are an ecosystem type, sometimes occurring
between upland and deep-water areas, that performs many important
functions, including fish and wildlife habitat, flood protection,
erosion control and water quality maintenance.
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WOODLANDS –– Areas, groves or stands
of trees covering an area of 1/4 acre or a grove of trees forming
one canopy of such trees.
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L.
Section 302.2, Grading and drainage, is hereby amended to read as
follows:
All premises shall be graded and maintained in accordance with Chapter 72 of the Code of the Township of Hempfield entitled Stormwater Management and Land Disturbance Activity. The provisions of Chapter 72 of the Code of the Township of Hempfield, Stormwater Management and Land Disturbance Activity are hereby incorporated herein by reference.
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M.
Section 302.4, Weeds, is hereby amended to read as follows:
All premises and exterior property located within 100 feet of
an occupied or abandoned structure shall be maintained free from weeds
or plant growth in excess of 10 inches in height. Weeds shall be defined
as all grasses, annual plants and vegetation, other than trees or
shrubs provided; however, this term shall not include cultivated flowers
and gardens.
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The following properties or portions thereof shall be exempt
from the provisions set forth in Section 302.4:
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1.
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Acreage devoted to agricultural operations, as are defined herein.
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2.
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Woodlands, as are defined herein.
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3.
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Vegetation associated with wetlands, as are defined herein.
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Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, they
shall be subject to prosecution in accordance with Section 106.3 and
as prescribed by the authority having jurisdiction. Upon failure to
comply with the notice of violation, any duly authorized employee
of the jurisdiction or contractor hired by the jurisdiction shall
be authorized to enter upon the property in violation and cut and
destroy the weeds growing thereon, and the costs of such removal shall
be paid by the owner or agent responsible for the property. The amount
due and owing including costs and expenses may be collected by the
Township of Hempfield by either the filing of a municipal lien or
by filing of a civil action for the collection of the amounts due
and owing to the Township of Hempfield to reimburse the Township of
Hempfield for its costs and expenses.
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N.
Section 302.5, Rodent harborage, is hereby amended to read as follows:
Rodent harborage and insect infestation. All structures and
exterior property shall be kept free from rodent harborage and insect
infestation. Where rodents or insects are found, they are to be promptly
exterminated by approved processes, which will not be injurious to
human health. After extermination, proper precautions shall be taken
to eliminate rodent harborage and prevent reinfestation by both rodents
and insects.
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O.
Section 302.7, Accessory structures, is hereby amended to read as
follows:
All accessory buildings, including detached garages, fences,
sheds, pools and walls shall be maintained structurally sound and
in good repair.
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P.
Section 302.8, Motor vehicles, is hereby amended to read as follows:
Except as provided for in Chapter 87, Zoning, of the Code of the Township of Hempfield, no inoperable motor vehicle (as defined herein) shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.
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Exception: A vehicle of any type owned by the owner
or occupant of the premises is permitted to undergo major overhaul,
including bodywork, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes.
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Q.
Section 302. Exterior property areas is hereby amended to add to
following:
Section 302.10
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MOSQUITO AND BREEDING AREAS.
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302.10.1.
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Areas Declared. Mosquito breeding areas are herein
declared as those collections of water in which mosquitoes breed or
are likely to breed, including but not limited to ditches, ponds,
excavations, barrels, cans, bottles, tubs, buckets, detached tires
or other artificial containers.
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304.10.2.
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Prohibited acts. It shall be unlawful, a public
nuisance and a threat to public health for the owner, lessee or occupant
or any agent, servant, representative or employee of any such owner,
lessee or occupant, including any person having ownership, occupancy
or control of any premises within the municipality between April 1
and October 31 of each year, to have, keep or maintain or cause, suffer
or permit the accumulation or collection of any water in which mosquitoes
breed or are likely to breed unless such collection of water is treated
as hereinafter provided so as to effectively prevent such breeding.
Water accumulations that relate to conservation or recreation projects
in wetland accumulation or relate to stormwater management are excluded
from this prohibition.
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304.10.3.
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Treatment of breeding places. Collections of water
in which mosquitoes breed or are likely to breed shall be treated
by one or more of the following methods as approved by the Pennsylvania
Department of Health, Pennsylvania Department of Environmental Resources
or the Township of Hempfield:
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A.
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Screening which will effectively prevent the ingress or egress
of mosquitoes.
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B.
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Complete emptying, drying and cleaning every seven days of unscreened
containers.
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C.
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Using a larvacide approved and applied under the direction of
the Pennsylvania Department of Health, the Pennsylvania Department
of Environmental Resources or the Township of Hempfield.
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D.
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Filling or draining to the satisfaction of the Pennsylvania
Department of Health, the Pennsylvania Department of Environmental
Resources or the Township of Hempfield.
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E.
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Proper disposal, by removal, destruction or discarding at a
properly licensed or authorized disposal site, of cans, boxes, bottles,
detached tires and similar articles or containers likely to hold water.
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F.
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Enclosing or covering with sufficient material to prevent water
from collecting within the container or article.
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G.
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Openings or holes in such container(s) and article(s) which
are likely to hold water so as to permit proper drainage.
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304.10.4.
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Coordination with state agencies. Where nuisances
as specified in this chapter involve a noncompliance with state-enforced
legislation or regulation, the municipality shall first refer this
complaint to the appropriate state agency for abatement and/or correction.
If the nuisance continues without adequate enforcement from the state
agency to cause its abatement and/or correction, then the Township
of Hempfield may initiate action under this chapter to bring about
abatement and/or correction.
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R.
Section 308.3, Disposal of garbage, is hereby amended to read as
follows:
Every occupant of a structure shall dispose of garbage or municipal
waste in accordance with Chapter 38 of the Code of the Township of
Hempfield, Solid Waste.
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S.
Section 308.3.1, Garbage facilities, is hereby amended to read as
follows:
All owners or occupants of any premises shall dispose of garbage or solid waste in an approved leak proof, covered outside garbage container. All owners or occupants of any premises shall comply with § 70-6 of the Code of the Township of Hempfield.
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T.
Section 308.3.2, Containers, is hereby amended to substitute the
term "owner" for "operator."
U.
Section 602.3, Heat supply, is hereby amended to add the following
dates: October 1 through April 30.
The provisions of this chapter shall not apply to any property
owner whose property is located within an Agricultural Security Area
as defined by the Agricultural Area Security Law, 1981, June 30, P.L.
128, No. 43,[1] as amended. It is the specific intent of this section
to prohibit the Township from declaring a nuisance with respect to
any agricultural activity or operation conducted using normal farming
operations within an Agricultural Security Area.
[1]
Editor's Note: See 3 P.S. § 901 et seq.