Borough of Moosic, PA Property Maintenance

[1]

Editor's Note: This ordinance also repealed former Ch. 230, Property Maintenance, adopted 7-13-2010 by Ord. No. 12-2010.

A certain document, three copies of which are on file in the office of the Keeper of Records of the Borough of Moosic, 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 Moosic, in the State 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 Moosic are hereby referred to, adopted, and made a part of hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 230-2 of this chapter.

The following sections are hereby revised:

Section 101.1, Title, is amended to read as follows:

Section 101.1 Title. These regulations shall be known as the "Property Maintenance Code of the Borough of Moosic," hereinafter referred to as "this code."

Section 103.1, General, is amended to read as follows:

Section 103.1. General. The Code Enforcement Officer and his designee(s) shall be the department to administer this code and shall be known as the "Code Official."

Section 103.5, Fees, is amended to read as follows:

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 determined by resolution adopted by the Council of the Borough of Moosic.

Section 106.4, Violation penalties, is amended to read as follows:

Section 106.4 Violations. Any person who violates or permits a violation of this chapter, upon being convicted before a District Justice, shall pay a fine not exceeding $1,000 and any costs incurred by the Borough of Moosic and attorney fees if allowed. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 11.1, Application for appeal, is amended to read as follows:

Section 111.1 Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals as formed and created by resolution of the Council of the Borough of Moosic, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

Section 112.4, Failure to comply, is amended to read as follows:

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 $500 nor more than $1,000.

Section 302.4, Weeds, is amended to read as follows:

Section 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All 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 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, and, if unpaid, a municipal lien may be filed.

Section 304.14, Insect screens, is amended to read as follows:

Section 304.14. Insect screens. During the period from May 1 to October 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

Section 602.3, Heat supply, is amended to read as follows:

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 October 1 to April 1, to maintain a temperature of not less than 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, is amended to read as follows:

Section 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to April 1 to maintain a temperature of not less than 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.