Township of Tobyhanna, PA Property Maintenance

Editor's Note: This ordinance repealed former Ch. 106, Property Maintenance, adopted 6-21-1999 by Ord. No. 411.

The following replacements, insertions, and modifications shall be made in the 2015 International Property Maintenance Code at the places hereinafter indicated:

Subsection 101.1, Title (page 1), replace "[NAME OF JURISDICTION]" with "Tobyhanna Township."

Subsection 102.3, Application of other codes (page 1), modify the last sentence to read as follows: "Nothing in this code shall be construed to cancel, modify, or set aside any provision of the Tobyhanna Township Zoning Ordinance."

Subsection 103.5, Fees (page 2), replace "[JURISDICTION TO INSERT APPROPRIATE SCHEDULE]" with "Tobyhanna Township Fee Schedule."

Subsection 104.3, Right of entry (page 2), modify the last sentence to read as follows: "If entry is refused, the code official is authorized to seek an administrative warrant to secure entry."

Subsection 106.3, Prosecution of violation (page 3), modify to read as follows: "Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed in violation of this code, and this violation shall be considered a strict liability offense. If the notice or order is not complied with, the code official may institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation; to impose fines and penalties for such violation; and/or to require the removal or termination of the unlawful occupancy of the structure or property in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the Township shall be charged against the real estate upon which the violation is located and shall be a lien upon such real estate."

Subsection 106.4, Violation penalties (page 3), modify to read as follow: "Any person who is found by a court of competent jurisdiction, including but not limited to a Magisterial District Court or Court of Common Pleas, to have violated a provision of this code; to have failed to comply with any of the requirements of this code; or to have failed to comply with an order, directive, or notice of the code official concerning this code shall be liable for a civil penalty not less than $500 or more than $1,000 for each violation, plus any and all costs incurred by the Township in bringing an action against such violation, including but not limited to consultant fees, attorney's fees, and expert witness fees. Each day that a violation continues shall be deemed a separate violation."

Subsection 107.1, Notice to person responsible (page 3), modify to read as follows: "Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation and the owner of the premises upon which the violation has occurred as specified in the code. Notices for condemnation procedures shall also comply with Section 108.3."

Subsection 109.5, Costs of emergency repairs (page 6), modify to read as follows: "Costs incurred in the performance of emergency work are the responsibility of the owner of the premises where the unsafe structure is or was located. Such costs, however, shall be initially paid by the Township. The Township Solicitor may institute the appropriate proceeding at law or in equity against the owner of the premises where the unsafe structure is or was located for the recovery of such costs."

Subsection 111.1, Application for appeal (page 6), modify to read as follows: 111.1 Means of appeal. Any appeal from any decision of the Property Maintenance Code Official shall be heard by the Tobyhanna Township Building Code Board of Appeals, pursuant to and consistent with the practices and procedures established for or by such Board."

Subsections 111.2 through 111.6, inclusive, and Subsection 111.8 shall be deleted in their entireties.

Subsection 111.7, Court review (page 7), modify to read as follows: "Any person aggrieved by a Board decision may appeal this decision to the Court of Common Pleas. Such an appeal shall be filed within 30 days of the issuance of the decision. Within 30 days of the filing of an appeal, the Township and the owner and/or tenant of the premises directly involved in the appeal may intervene in the appeal as of course by filing a notice of intervention, accompanied by proof of service of the same upon each appellant or each appellant's counsel of record. All other intervention shall be governed by the Pennsylvania Rules of Civil Procedure."

Subsection 112.4, Failure to comply (page 7), replace the phrase "a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars" with "a fine of not less than $100 or more than $300. Each day the work continues after the issuance of the stop-work order shall constitute a separate finable offense. Such fines are in addition to any fines or penalties imposed pursuant to Section 106 concerning the violation(s) on the premises."

Section 202, GENERAL DEFINITIONS (page 9-10). The following definitions shall be inserted at the appropriate alphabetical spot into this section and shall read as follows:

CODE OFFICIAL. The Tobyhanna Township Zoning Officer or other person so designated by the Tobyhanna Township Board of Supervisors.

JURISDICTION, THE. Tobyhanna Township.

NOXIOUS WEEDS. Any noxious vegetation covered under and prohibited by the Noxious Weed Control Law (3 P.S. § 255.1 et seq.), as amended, or by regulations of the Pennsylvania or United States Departments of Agriculture including, but not limited to, the following:

Cirsium arvense, commonly known as Canadian Thistle

Rosa multiflora, commonly known as Multiflora Rose

Sorghum halepense, commonly known as Johnson Grass

Pueraria lobata, commonly known as Kudzu Vine

Cirsium vulgare, commonly known as Bull or Spear Thistle

Carduus nutans, commonly known as Musk or Nodding Thistle

Sorghum bicolor, commonly known as Shattercane

Lythrum salicaria, commonly known as Purple Loosestrife (all cultivars)

Heracleum mantegazzianum, commonly known as Giant Hogweed

Galega officinalis, commonly known as Goatsrue

Amaranthus palmeri S. Watson, commonly known as Palmer amaranth

Amaranthus rudis, commonly known as common waterhemp

Amaranthus tuberculatus, commonly known as tall waterhemp

Avena sterilis L, commonly known as animated oat

Cuscuta spp., except for native species, commonly known as dodder

Hydrilla verticillata Royle, commonly known as hydrilla

Oplismenus hirtellus, commonly known as Wavyleaf basketgrass

Orobanche spp., except for native species, commonly known as broomrape

Conium macultanum, commonly known as poison hemlock

WEEDS. All grasses, annual plants, and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.

Subsection 302.4, Weeds (page 11), modify first paragraph to read as follows: "All premises and exterior property within 100 feet of any habitable structure or building shall be maintained free from weeds in excess of 12 inches. This height restriction, however, does not apply to naturalized areas, riparian buffers, managed meadows, and other no-mow zones, as determined by the Township. All noxious weeds shall be prohibited throughout the entire premises and exterior property."

Subsection 304.3, Premises identification (page 13), modify to read as follows: "The Township shall have final authority as to the assignment of a street number or address to each structure or premises. Each structure or premises to which a street number has been assigned by the Township or if the structure or premises is located in a private community, to which a street or identification number has been assigned by the community, shall have the appropriate number displayed in alocation and size as to be readily observed and readable from the public or private right-of-way that provides access to the structure or premises. All street or identification numbers shall be in Arabic characters with a minimum height of four inches and a minimum stroke width of 1/2 inch. Structures that are set back more than 50 feet from the right-of-way providing access, or any distance where the number cannot be readily seen from the right-of-way, shall have the assigned street or identification numbers attached to a post or mailbox placed at the end of the driveway on the same side of the road as the structure is located. These numbers shall be placed on both sides of the post or mail box, at a minimum height of three feet so as numbers can be seen by vehicles traveling from either direction. All street or identification numbers shall be illuminated when possible and shall be colored in contrast with the background upon which the number is placed.

Subsection 304.14, Insect screens (page 13), replace the phrase "During the period from [DATE] to [DATE]" with "Where appropriate, during the period from April 1 to October 31."

Subsection 602.3, Heat supply (page 23), replace the phrase "during the period from [DATE] to [DATE]" with "during the period from October 1 to April 30."

Subsection 602.4, Occupiable work spaces (page 21), replace the phrase "during the period from [DATE] to [DATE]" with "during the period from October 1 to April 30."