[Adopted 5-14-2019 by Ord. No. D-1-5-14-19, approved 5-14-2019[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. 86,
Housing Standards and Property Maintenance, adopted 10-26-1999, approved
10-26-1999.
A certain document, three copies of which are on file in the office of the Masontown Borough Secretary of the Borough of Masontown, being marked and designated as the "International Property Maintenance Code, 2018 edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Masontown, in the Commonwealth of Pennsylvania, for regulating and governing the conditions and maintenance of all 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 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 Borough of Masontown are hereby referred to, adopted, and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 86-2 of this article.
The following sections of the Property Maintenance Code of the
Borough of Masontown are hereby revised:
|
SCOPE AND APPLICATION
| |
|
Section 101.1. [Borough of Masontown]
| |
|
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 indicated in the following schedule: to be determined
and set from time to time by resolution adopted by the Masontown Borough
Council.
| |
|
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 be liable to a fine of not less than $300
nor more than $1,000.
| |
|
DEFINITIONS
| |
|
Section 202. GENERAL DEFINITIONS:
| |
|
BLIGHTED PROPERTY - As defined in 53 Pa.C.S.A. § 6101
et seq., a blighted property must meet one of the following criteria:
| |
|
(1)
|
Any premises which, because of physical condition or use, is
regarded as a public nuisance at common law or has been declared a
public nuisance in accordance with the local housing, building, plumbing,
fire and related codes.
|
|
(2)
|
Any premises which, because of physical condition, use or occupancy,
is considered an attractive nuisance to children, including, but not
limited to, abandoned well, shafts, basements, excavations, and unsafe
fences or structures.
|
|
(3)
|
Any dwelling which, because it is dilapidated, unsanitary, unsafe,
vermin-infested or lacking in the facilities and equipment required
by the housing code of the municipality, has been designated by the
department responsible for enforcement of the code as unfit for human
habitation.
|
|
(4)
|
Any structure which is a fire hazard or is otherwise dangerous
to the safety of persons or property.
|
|
(5)
|
Any structure from which the sewerage has been disconnected,
destroyed, removed, or rendered ineffective so that the property is
unfit for its intended use.
|
|
(6)
|
Any vacant or unimproved lot or parcel of ground in a predominantly
built-up neighborhood which, by reason of neglect or lack of maintenance,
has become a place for accumulation of trash and debris or a haven
for rodents or other vermin.
|
|
(7)
|
Any unoccupied property which has been tax-delinquent for a
period of two years prior to the effective date of this Part, and
those in the future having a two-year tax delinquency.
|
|
(8)
|
Any property which is vacant but not tax-delinquent, which has
not been rehabilitated within one year of the receipt of notice to
rehabilitate from the appropriate code enforcement agency.
|
|
(9)
|
Any abandoned property. A property shall be considered abandoned
if:
|
|
(i)
|
It is a vacant or unimproved lot or parcel of ground on which
a municipal lien for the cost of demolition of any structure located
on the property remains unpaid for a period of six months.
|
|
(ii)
|
It is a vacant property or vacant or unimproved lot or parcel
of ground on which the total of municipal liens on the property for
tax or any other type of claim of the municipality is in excess of
150% of the fair market value of the property as established by the
Board of Revisions of Taxes of other body with legal authority to
determine the taxable value of the property; or
|
|
(iii)
|
The property has been declared abandoned by the owner, including
an estate that is in possession of the property.
|
|
CODE REQUIREMENT — A building, housing or property maintenance
code or ordinance of the Borough.
| |
|
MOTOR VEHICLE — A vehicle which is self-propelled, except
an electric personal assistive mobility device or a vehicle which
is propelled solely by human power.
| |
|
SERIOUS VIOLATION — A violation of a state law or Borough
Code or other applicable code that poses an imminent threat to the
health and safety of the dwelling occupant, occupants in surrounding
structures or passersby. Property found to be a public nuisance or
blighted is also considered to be a serious violation.
| |
|
SUBSTANTIAL STEP — An affirmative action, as determined
by a Borough official or officer of the court, on the part of the
property owner or managing agent to remedy a serious violation of
state law or Borough Code, including, but not limited to, physical
improvements or repairs to the property.
| |
|
THE ACT — Act 90 of 2010, the Neighborhood Blight, Reclamation
and Revitalization Act.
| |
|
GENERAL REQUIREMENTS
| |
|
Section 302.2(a). Directing of water. Rain leaders, foundation
drains, sump pump discharge or other forms of drainage or water directed
onto neighboring properties or in a manner as to cause a nuisance
or hazard is prohibited.
| |
|
Section 302.10. No property owner shall, through action or inaction,
cause or allow water, mud, snow, soil, stone, sand, yard debris, refuse,
litter and other substances to accumulate on streets, alleys or sidewalks.
Inaction shall include, but is not limited to, allowing erosion-related
properties due to water, wind, subsidence or other means.
| |
|
Section 304.14. Insect screens. During the period from May 1
to September 30, every door, window and other outside opening required
for ventilation of habitable rooms . . .
| |
|
Section 304.18.2(a).
| |
|
No exterior window, skylight or door frame of any
structure facing toward or visible from the public right-of-way shall
be covered with plywood or other nonapproved materials longer than
60 days.
| |
|
After 60 days, all temporary cover over exterior
windows, skylights and doors that face toward or are visible from
the public right-of-way shall be removed, and the exterior windows,
skylights and doors shall be restored.
| |
|
Restoration of exterior windows, skylights and doors
must include proper-fitting windows and door frames, hardware, locks
and glazing and be maintained in proper working condition.
| |
|
All exposed exterior metal or wood surfaces shall
be protected from the elements and against decay or rust by periodic
application of weatherproofing/coating material.
| |
|
Section 308.4. All exterior property and premises shall be free
from the accumulation of clutter.
| |
|
Section 308.5. All exterior property and premises shall be free
from any tire(s), whether mounted on a wheel/rim or not.
| |
|
Section 308.6. All furniture, materials and other similar products
designed, built, and manufactured exclusively for indoor living use
shall not be placed or stored on exterior porches, in yards or on
any part of an exterior property in residential and nonresidential
areas. The storage or placement of automobile car seats and other
non-weather-resistant materials shall also be prohibited. Any person
who fails to comply with this section after 48 hours' notice from
the Borough to do so shall be guilty of violating the provisions of
this section and shall be subject to the fines set forth herein.
| |
|
MECHANICAL AND ELECTRICAL REQUIREMENTS
| |
|
Section 602.3. Heat supply. Every owner and operator of any
building who rents, leases or lets one or more dwelling units or sleeping
units on terms, either expressed or implied, to furnish heat to the
occupants thereof shall supply heat during the period from January
1 through December 31 to maintain a minimum temperature of 68°
F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.
| |
|
Exceptions:
| |
|
1.
|
When the outdoor temperature is below the winter outdoor design
temperature for the locality, maintenance of the minimum room temperature
shall not be required, provided that the heating system is operating
at its full design capacity. The winter outdoor design temperature
for the locality shall be as indicated in Appendix D of the International
Plumbing Code.
|
|
2.
|
In areas where the average monthly temperature is above 30°
F. (-1° C.), a minimum temperature of 65° F. (18° C.)
shall be maintained.
|
|
Section 602.4. Occupiable work spaces. Indoor occupiable work
spaces shall be supplied with heat during the period from January
1 through December 31 to maintain a minimum temperature of 65°
F. (18° C.) during the period the spaces are occupied.
| |
|
Exceptions:
| |
|
1.
|
Processing, storage and operation areas that require cooling
or special temperature conditions.
|
|
2.
|
Areas in which persons are primarily engaged in vigorous physical
activities.
|
Any ordinance of the Borough of Masontown enumerated below and
all other ordinances and parts of ordinances in conflict herewith
be and are hereby repealed, except any ordinance or parts of ordinances
that authorize greater remedies than this article are preserved.
If any section, subsection, sentence, clause or phrase of this
article is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this article.
The Borough Council hereby declares that it would have passed this
article, and each section, subsection, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
Nothing in this article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any causes or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 86-3 of this article, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
