[Adopted 11-12-2019 by Ord. No. 2019-05]
The International Property Maintenance Code, 2015 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Marietta 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 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 §
255-2 of this article.
The following sections are hereby revised:
A. Section 101.1, Title. These regulations shall be known as the Property
Maintenance Code of the Borough of Marietta, hereinafter referred
to as "this code."
B. Section 102.3, Application of other codes. Repairs, additions, or
alterations to a structure, or changes of occupancy, shall be done
in accordance with the Pennsylvania Construction Code.
C. Section 102.6, Historic buildings, is intentionally omitted.
D. Section 111.1, Application for appeal. Any decision of the Borough's code enforcement officials may be appealed to the Borough's Housing Hearing Board as set forth in Chapter
184, Housing Standards.
E. Sections 111.2 to 111.8, Means of appeal, are intentionally omitted.
F. Sections 112.1 to 112.4, Stop work order, are intentionally omitted.
G. Section 302.4, Weeds. Premises and exterior property shall be maintained
free from weeds or plant growth in excess of eight inches. Noxious
weeds shall be prohibited. 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.
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 and the Borough shall be authorized
to enter upon the property and cut and destroy the weeds, with the
costs of such removal paid by the property's owner.
H. Section 304.14, Insect screens, is intentionally omitted.
I. Section 602.3, Heat supply. Every owner who rents, leases or lets
one or more dwelling units or sleeping units on terms, either express
or implied, to further heat to the occupants thereof shall supply
heating during the period from September 15 to May 15 to maintain
a minimum temperature of 68° F. in all habitable rooms, including
bathrooms.
J. Section 602.4, Occupiable workspaces. Indoor occupiable work spaces
shall be supplied with heat during the period from September 15 to
May 15 to maintain a minimum temperature of 68° F. during the
period the spaces are occupied.
No less than three copies of the International Property Maintenance
Code, 2015 edition, as published by the International Code Council,
shall be maintained by the Borough and shall be made available to
the public as with other portions of the Borough's Code.
All ordinances or parts of laws in direct conflict with this
Property Maintenance Code are hereby repealed, except that any preexisting
standards in the Code of the Borough of Marietta that are more restrictive
than those in the Property Maintenance Code adopted by this article
shall remain in effect and shall not be repealed.
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 parts of this article.
The Council of the Borough of Marietta hereby declares that it would
have passed this article, and each section, subsection, clause or
phrase thereof, irrespective of the fact that any sections, subsections,
sentences, clauses, and phrases be declared unconstitutional.
Nothing in this article or the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed in §
255-4 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
This article and the rules, regulations, provisions, requirements,
orders, and matters established and adopted hereby shall take effect
and be in full force and effect 60 days after the date of its final
passage and adoption.