[Adopted 12-16-2014 by Ord. No. 2A-2014]
That a certain document, a copy of which is on file with the Secretary of the Borough, being marked and designated as 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 Plymouth 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 regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough Secretary, are hereby referred to, adopted and made a part hereof, as if fully set forth in the ordinance, with the additions, insertions, deletions and changes set forth in § 185-8 of this article.
The parts of the following sections are revised to the extent specified and the remainder of each section referred to remains unchanged:
Section 101.1
Plymouth Borough replaces [Name of Jurisdiction];
Section 103.5
$35 per inspect replaces [Jurisdiction to insert Appropriate Schedule];
Section 106 Violations.
[Added 10-16-2017 by Ord. No. 6-2017]
[A] 106.3 Prosecution of violation. Any person (the term person shall include individuals, corporations, partnerships, limited liability companies, as well as any and all entities of any type) failing to comply with a notice of violation or order served in accordance with section 107, who fails to appeal or unsuccessfully appeals a notice as provided under the International Property Maintenance Code, shall be deemed guilty of a criminal summary offense and said violation shall be deemed a strict liability offense. The person shall be subject to the violation and penalties set forth in [A] 106.4. If the notice of violation is not complied with, the code official shall institute the appropriate summary proceedings, and/or the appropriate proceedings in law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or directive made pursuant therein. Any action taken by the authority having jurisdiction on such premises shall be charged again the real estate upon which the structure is located and shall be a lien upon such real estate.
[B] 106.4 Violation penalties. Any person, as defined in section [A] 106.3, who shall violate a provision of this code or fail to comply therewith or with any of the requirements thereof, shall be charged with a summary offense or subject to a criminal fine upon being found guilty of said summary offense, said fine being a minimum of $400 and a maximum of $1,000 per violation and may be prescribed imprisonment not to exceed 90 days for each violation of the summary offense. Also, the violator is subject to the fine and penalties stated herein for each day the violation exists since said violation is deemed a continuing offense/violation.
Section 112.4
$400 replaces first [Amount] $1,000 replaces second [Amount];
Section 302.4
10 inches replaces [Height in Inches];
Section 304.14
April 15 replaces first [Date] October 15 replaces second [Date];
Section 602.3
October 15 replaces first [Date] April 15 replaces second [Date]; and
Section 602.4
October 15 replaces first [Date] April 15 replaces second [Date].
All prior ordinances dealing with property maintenance are hereby repealed, including any portions of any ordinance or resolution that are in conflict with this article.
In the event that any section, subsection, clause or phrase is declared unconstitutional the remaining portions of this article shall remain valid and in full force and effect.
This article shall take effect on January 1, 2015.