This article shall be titled and may be referred to as the "Property Maintenance Code of the Borough of Summit Hill."
[HISTORY: Adopted by the Borough Council of the Borough of Summit Hill as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-12-2012 by Ord. No. 2-2012]
[Amended 2-11-2025 by Ord. No. 2-2025; 2-10-2026 by Ord. No. 3-2026]
Pursuant to 8 Pa.C.S.A. § 1202, the Borough of Summit Hill hereby adopts the International Property Maintenance Code, 2024 Edition, as published by the International Code Council, Inc., as the Property Maintenance Code of the Borough of Summit Hill as if set forth fully and at length herein, with the additions, insertions, deletions and changes set forth hereinbelow and in § 350-3 of this chapter.
[Amended 2-11-2025 by Ord. No. 2-2025; 2-10-2026 by Ord. No. 3-2026]
A.
The following amendments are hereby made to the following sections of the 2024 International Property Maintenance Code as said Code shall be applicable in Summit Hill Borough:
(1)
Section 101.1: Insert: Borough of Summit Hill.
(2)
Section 103.1: Insert: Summit Hill Borough Office of Code Administration.
(3)
Section 103.2: Insert: Summit Hill Borough Council.
(4)
Section 302.4: Insert: Six (6) inches.
(5)
Section 304.14: Insert: From April 1st to October 1st.
(6)
Section 602.3: Insert: From September 1st to July 1st.
(7)
Section 602.4: Insert: From September 1st to July 1st.
(8)
Section 102.3: Remove: International Zoning Code; Insert: Summit Hill Borough Zoning Ordinance.
(9)
Section 106.1.1: This section is amended to read as follows:
Any person directly affected by a decision of the code official, or a notice or order issued under this code relating to a condemnation under Section 109 or a demolition under Section 111, shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed on a form provided by the code official with the Summit Hill Borough Secretary within 20 days after the day the decision, notice or order was served and shall pay all fees as established from time to time by resolution of the Summit Hill Borough Council.
(10)
Section 106.3: This section is amended to read as follows:
Membership of the Board of Appeals. The Board of Appeals shall consist of three (3) voting members, each of whom must be not less than twenty-one (21) years of age, and must be, and remain, a resident of the Borough of Summit Hill. At least one (1) such member must have work experience in the building/construction industry. In addition, the Code Official shall be an ex officio member of the Board, but shall not be permitted to vote on any matter(s) before the Board.
(11)
Section 107.3: This section is amended to read as follows:
Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 109.4 shall be deemed guilty of a summary or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at 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 direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(12)
Section 107.4: This section is amended to read as follows:
Violation penalties. Any person who shall violate this Code shall be subject to one of the following enforcement proceedings as determined by the Code Official: | |
1. | A civil enforcement proceeding with fines of not less than three hundred dollars ($300.00) and not more than one thousand dollars ($1,000.00) for each offense, together with the cost of prosecution; or |
2. | A summary proceeding with fines of not less than three hundred dollars ($300.00) and not more than one thousand dollars ($1,000.00), or imprisonment for a term not to exceed 30 days, or both, at the discretion of the Court. |
In either type of proceeding, each day that a violation continues after notice has been served shall be deemed a separate offense. | |
(13)
Section 109.1: This section is amended to read as follows:
Unsafe conditions. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure may be condemned pursuant to the provisions of this code.
(14)
Section 109.9: This section is amended to read as follows:
The owner, operator or occupant of a building, structure, premises or equipment deemed unsafe or unfit for human occupancy or use by the Code Official may abate or cause to be abated or corrected such conditions rendering the building, structure, premises or equipment unsafe or unfit either by repair, rehabilitation, demolition or other approved action. If the owner, operator or occupant fails to abate or correct such conditions within 30 days, unless extended by the Code Official as necessary for reasonable cause shown, the Code Official may cause the abatement or correction to occur, either through an available public agency or by contract or arrangement with private persons, and the cost of such abatement or correction may be charged against the owner or the real estate upon which the building, structure, premises or equipment is located, and shall be a lien upon such real estate.
(15)
Section 202: Insert the following to the General Definitions:
Code Official
The Code Enforcement Officer appointed by the Summit Hill Borough Council to enforce the Ordinances of the Township, including the administration and enforcement of this Code, or any duly authorized representative appointed by Summit Hill Borough.
Junk Material
Any cast-off, damaged, discarded, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material including, but not limited to, those composed in whole or in part of crates, cartons, containers, boxes, machinery or parts thereof, scrap metal, furniture or parts thereof, household items, and other salvageable materials.
Noxious Weeds
Those weeds listed by the Pennsylvania Department of Agricultural as being noxious.
(16)
Section 308.1: This section is amended to read as follows:
Accumulation of Rubbish and Garbage – Amend to read as follows: "308.1 Accumulation of rubbish, garbage, and junk material. Exterior property and premises, and the interior of every structure, shall be free from the accumulation of rubbish, garbage, and junk material."
All prior ordinances inconsistent with any provision of this article are repealed to the extent necessary to give effect to the provisions of this article. Since this article is meant to consolidate all prior ordinances relating to the International Property Maintenance Code, all other Property Maintenance Code ordinances of the Borough of Summit Hill are specifically repealed.
If any section, subsection, sentence, clause, phrase or portion of this article is found to be unconstitutional, illegal or unenforceable, such section, subsection, sentence, clause, phrase or portion of this article shall be deemed separate, distinct and independent from the remainder of this article.
This article shall take effect immediately or on the first day allowed by law, whichever is sooner, after enactment.
[Adopted 10-14-2013 by Ord. No. 2-2013]
Lack of maintenance of properties, improper storage of trash and rubbish, storage of inoperable/nonregistered vehicles, and accumulation of snow and ice are costly problems that contribute to the deterioration of property values and general disorder in a community. These problems degrade the physical appearance of the Borough, which reduces business and tax revenue inhibiting economic development. The quality of life and community pride of the citizens of Summit Hill are negatively impacted by the occurrences and existence of these activities. Recognizing these are community problems, the purpose of this article is to promote the health, safety and general welfare of the Borough by helping to create a clean environment for the citizens of Summit Hill.
[Amended 2-11-2025 by Ord. No. 2-2025]
The following words, terms, and phrases, when used in this article, shall be defined as follows, unless context clearly indicates otherwise:
The animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
Any waste material or a combination of solid, liquid, semisolid, or contained gaseous material that because of its quantity, concentration, physical, chemical, or infectious characteristics may:
Waste which would be chemically or physically classified as a hazardous waste, but is excluded from regulation as a hazardous waste because it is produced in quantities smaller than those regulated by the Pennsylvania Department of Environmental Protection, and because it is generated by persons not otherwise covered as hazardous waste generators by those regulations. Such HHW materials meet one of the following four classifications: toxic, flammable, reactive, or corrosive. HHW consists of numerous products that are common to the average household, such as pesticides and herbicides, cleaners, automotive products, paints, and acids.
Any and all pieces of furniture which are made for only inside use, including, but not limited to, upholstered chairs and sofas, etc.
Any vehicle which presents a hazard or danger to the public or is a public nuisance by virtue of its state or condition of disrepair.
The following conditions, if present, are examples of a state or condition of disrepair:
Rusted and/or jagged metal on or protruding from the body of the vehicle.
Broken glass or windows on or in the vehicle.
Leaking of any fluids from the vehicle or deflated or flat tire(s).
Unsecured and/or unlocked doors, hood, or trunk.
Storage or placement of the vehicle in an unbalanced condition, on concrete blocks, or other similar apparatus.
Harboring of rodents, insects, or other pests.
The foregoing examples are not inclusive of all conditions which may constitute a state or condition of disrepair. See also the definition of "motor vehicle nuisance."
Includes, but is not limited to, all waste material, garbage, trash, i.e., wastepaper, tobacco products, wrappers, food or beverage containers, newspapers, etc., municipal waste, human waste, domestic animal waste, furniture or motor vehicle seats, vehicle parts, automotive products, shopping carts, construction or demolition material, recyclable material, and dirt, mud and yard waste that has been abandoned or improperly discarded, deposited, or disposed.
Any person residing or working within the Borough of Summit Hill designated to accept service on behalf of a legal owner or operator of a rental dwelling unit.
A vendor or seller of food and/or goods from a vehicle or other conveyance upon the public streets or alleys of the Borough that does not typically remain stationary for more than approximately 10 minutes each hour.
Any type of mechanical device, capable or at one time capable of being propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semitrailers pulled thereby.
A motor vehicle with one or more of the following defects:
Broken windshields, mirrors, or other glass, with sharp edges.
Broken headlamps, taillamps, bumpers, or grills with sharp edges.
Any body parts, truck, fire wall, or floorboards with sharp edges or large holes resulting from rust.
Protruding sharp objects from the chassis.
Missing doors, windows, hood, trunks, or other body parts that could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
Any vehicle suspended by blocks, jacks, or other such materials in a location which may pose a danger to the public, property owners, visitors, or residents of the property on which said vehicle is found, except for minor maintenance work (e.g., repair and/or replacement of oil, tires, brakes, battery), which such work must be completed, and the vehicle removed, within a period of 48 hours.
Any excessive fluids leaking from vehicle which may be harmful to the public or the environment.
Disassembled body or chassis parts stored in on or about the vehicle.
Vehicles that do not display a current valid license and registration.
Such other defects which the Fire Department determines to be a danger to the general public or property.
Motor vehicles parked, drifted, or otherwise located which may interfere with flow of pedestrian or automobile traffic or impede emergency efforts.
Any garbage, refuse, industrial, lunchroom, or office waste, and other material, including solid, liquid, semisolid, or contained gaseous material, resulting from operation or residential, municipal, commercial, or institutional establishments or from community activities and which is not classified as residual waste or hazardous waste as defined herein. The term does not include source-separated recyclable materials or organic waste.
A written document issued to a person in violation of a Borough ordinance which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.
Any condition, structure, or improvement which constitutes a danger or potential danger to the health, safety, or welfare of citizens of the Borough, or causes a blighting effect in Borough neighborhoods. See also the definition of "public nuisance."
A person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the principals of a limited liability company or officer, director or shareholder of a corporation if that individual is responsible for the management and control of the property; including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property be a court.
Every natural person, firm, corporation, partnership, association, or institution.
Any land and the improvements thereon owned by any person, and includes front, side, and rear yards; vacant lots, buildings, and other structural improvements; walkways and alleyways; and parking areas, designed or used either wholly or in part for private residential, industrial, or commercial purposes, whether inhabited, temporary, continuously uninhabited, or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging to or appurtenant to such dwelling, house, building, or other structure.
Any police officer, authorized inspector, or public official designated by the Borough to enforce the Borough ordinances.
Any conditions or premises which are unsafe or unsanitary.
The total width of any land used, reserved, or dedicated as a street, alley, driveway, sidewalk, or utility easement, including curb and gutter areas.
Any discarded material or other waste, including solid, semisolid, or contained gaseous materials resulting from construction, industrial, mining, and agricultural operations, excluding municipal water and sewer operations.
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust and other similar materials.
The public right-of-way between the property line and the curbline or the established edge of the roadway.
Any waste, including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid, or contained gaseous materials.
Any planting that is cultivated and managed for edible or ornamental purposes such as vegetable gardens, trees, shrubs, hedges, flowers, etc.
A form issued by a police officer or public officer to a person who violates a provision of this article. The violation ticket is an offer by the Borough of Summit Hill extended to a person to settle a violation by paying the fine in lieu of a citation being issued against the violator.
All grasses, annual plants, and vegetation, which meet any of the following criteria:
Exceed 10 inches in height.
Exhale unpleasant noxious odors or pollen such as ragweed, dandelion, and miscellaneous other vegetation commonly referred to as "weeds" or "brush."
May conceal filthy deposits or serve as breeding places for mosquitoes, other insects, or vermin.
May cause a public nuisance.
Weeds shall not include cultivated and managed vegetation planted for edible or ornamental purposes such as vegetable gardens, trees, shrubs, flowers, etc.
An open space on the same lot with a structure.
[Amended 2-11-2025 by Ord. No. 2-2025]
A person, owner, or responsible person commits a quality of life violation by any of the following:
A.
Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of waste, trash, rubbish, or garbage.
B.
Animal maintenance and waste/feces cleanup. People owning, harboring, or keeping an animal within the Borough of Summit Hill shall not permit any waste matter/feces from the animal to collect and remain on the property so as to cause or create an unhealthy, unsanitary, dangerous, or offensive living condition. All waste from animals must be cleaned up on a daily basis.
C.
High weeds, grass or plant growth. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants, and vegetation. Cultivated flowers, gardens, trees, and shrubs and woodland/forest areas shall not be included as a violation of this article.
D.
Motor vehicles. It shall be unlawful to store, park, or place any unregistered, uninspected, inoperative, unlicensed, or nuisance motor vehicle on any premises. No vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
E.
Outside placement of indoor appliances/furniture. It is prohibited to store or place any/all appliances or furniture including, but not limited to, ranges, refrigerators, air conditioners, ovens, washers, dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior chairs, or interior tables on the exterior of any property for the purpose of sale or any other reason, except for the temporary purpose to perform maintenance on said property for a period of not more than 30 days, unless extended by the Code Official as necessary for reasonable cause shown.
F.
Snow and ice removal from sidewalks. Every owner, tenant, occupant, lessee, property agent, or any other person who is responsible for any property within the Borough of Summit Hill, is required to remove any snow or ice from their sidewalk within 24 hours of the cessation of said snow and ice falling. Furthermore, they must create a path, free from any snow or ice, of three feet on said sidewalk. Should any property be a place of business within the Borough of Summit Hill, all snow and ice must be removed within four hours of the cessation of said snow and ice falling. Any property that is deemed a business must have the entire sidewalk free from any snow and ice. If and/or when the snow and/or ice cessation happens during the hours of darkness, the time limit of removal of all snow and ice begins at daybreak.
G.
Storage containers for waste or trash. The owner of every premises shall supply approved containers for waste/trash, as well as be responsible for the removal of rubbish. All containers that store waste or trash shall be durable, watertight, and made of metal or plastic. Containers must have tight-fitting covers, and must be kept clean and odor-free at all times. All containers must be stored in a location on the owner's property not within the public right-of-way or readily visible from the public right-of-way. The persons occupying any dwellings are limited to six containers not exceeding 50 pounds each and one bulky item not exceeding 275 pounds each. Waste/trash containers may only be placed in front of any property within 24 hours before the day of the scheduled waste/trash pickup day. Once the licensed hauler removes the waste/trash from any property, all containers must be stored so they are not on the public right-of-way or readily visible from the public right-of-way within 24 hours after pickup.
Upon finding a quality of life violation, any Public Officer of the Borough of Summit Hill, may issue quality of life violation tickets to the owner and/or occupant of the property at issue or to the individual(s) known to have violated this article.
A violation ticket shall be served upon a violator by handing it to the violator, by handing it at the residence of the person to be served to an adult member of the household or other person in charge of the residence, by leaving or affixing the notice or violation ticket to the property where the violation exists, by handing it at any office or usual place of business of the violator, to his/her agent or to the person for the time being in charge thereof, or by mailing the notice to the violator's address of record.
Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed.
A.
Any person or business violating this article is hereby directed to satisfy the Borough of Summit Hill and its citizens, upon issuance of a quality of life ticket, by correcting the violation in question. A public officer is authorized and empowered to cause a violation to be corrected. The cost shall be determined by the Mayor or, in the absence of the Mayor, the President of the Borough Council in order that the Borough shall be compensated for both direct and indirect costs and expenses incurred.
B.
The Borough of Summit Hill and/or its contractor, per the direction of the Borough, reserves the right to abate the violation in question at the expense of the owner. If the Borough has effected the abatement of the violation, the cost thereof may be charged to the owner of the property, tenant, or offending party. A bill/invoice will be generated to the violator for payment separate from the quality of life ticket, which will also be paid separately.
C.
In all instances where the Borough abates the violation, in addition to the fine set forth in the quality of life ticket, the Borough is authorized to recover from the offending party, the owner of the property, or tenant the abatement charges and such other charges established by the Code Enforcement Officer and the rules and regulations.
D.
Borough of Summit Hill cleanup. The Borough reserves the right to perform any necessary work to abate any violation once 72 hours passes from the date of issuance of the quality of life ticket. Should the violation at the discretion of the Code Enforcement Officer present imminent danger and/or pose a health hazard and/or risk, the Borough reserves the right to perform the abatement immediately. The Borough will perform this work at a rate of $60 per hour, per man, and forward the cost of any material necessary for the abatement. The Borough reserves the right to charge an additional 20% on all material purchases to cover all miscellaneous expenses, such as wear and tear on equipment.
E.
Contractor cleanup. The Borough reserves the right to direct a contractor to perform the abatement of the violation in question once 72 hours passes from the date of issuance of the quality of life ticket. Should the violation present imminent danger and/or pose a health hazard and/or risk, the Borough reserves the right to direct the contractor to perform the abatement immediately. The contractor will submit a bill for their work to the Borough of Summit Hill and the Borough will forward these costs to the violator. The Borough reserves the right to add a 30% processing fee in addition to the cost of the contractor.
A.
For the first of a violation of this article within a twelve-month period, violation tickets shall be issued in the amounts of $25 or $50, as set forth on the chart below.
B.
For the second offense of a violation of this article within a twelve-month period, violation tickets shall be issued in the amounts of $50 or $100, as set forth on the chart below.
C.
For the third offense of a violation of this article within a twelve-month period, violation tickets shall be issued in the amounts of $100 or $250, as set forth on the chart below.
D.
For each offense subsequent to three offenses of this article within a twelve-month period, amounts of violation tickets shall increase in the amount of $150 or $250 accumulative for each subsequent offense.
E.
Any persons who receive a violation ticket for any violation of this article may, within 15 days, admit the violation, waive a hearing, and pay the fine in full satisfaction.
F.
Any person who violates this article shall pay a fine as set forth herein for each offense, plus all direct and indirect costs incurred by the Borough for the clean up and abatement of the violation.
Violation | Description | Fine 1 | Fine 2 | Fine 3+ |
|---|---|---|---|---|
QOL-001 | Accumulation of rubbish or garbage | $25 | $50 | $100 |
QOL-002 | Animal maintenance and waste/feces cleanup | $25 | $50 | $100 |
QOL-003 | High weeds, grass or plant growth | $25 | $50 | $100 |
QOL-004 | Motor vehicles | $25 | $50 | $100 |
QOL-005 | Outside placement of indoor appliances/furniture | $25 | $50 | $100 |
QOL-006 | Snow and ice removal from sidewalks | $25 | $50 | $100 |
QOL-007 | Storing containers for waste or trash | $25 | $50 | $100 |
A.
If the person in receipt of a $25 violation ticket does not pay the fine or request a hearing within 15 days, the person will be subject to a $10 penalty for days 16 through 30.
B.
If the person in receipt of a $50 violation ticket does not pay the fine or request a hearing within 15 days, the person will be subject to a $25 penalty for days 16 through 30.
C.
If the person in receipt of a $100, or higher violation ticket does not pay the fine or request a hearing within 10 days, the person will be subject to a $50 penalty for days 16 through 30.
D.
Failure of the person to make payment or request a hearing within 30 days of a violation ticket shall make the person subject to a citation for failure to pay.
E.
If violations are continuous or egregious, Code Officials have the right to issue citations without first issuing tickets, provided notice has been given. Upon issuance of four tickets for the same violation, right is reserved for the Code Officials to issue citation for the fifth and subsequent offenses.
Any person, firm, or corporation who shall fail, neglect, or refuse to comply with any of the terms or provisions of this article, or of any regulation or requirement pursuant hereto and authorized hereby shall, upon conviction, be ordered to pay a fine of not less than $100 and not more than $1,000 on each offense, the costs of prosecution, including restitution of the fees of the Code Official, or imprisoned no more than 90 days, or both.
The Magisterial District Judge may order the violator to make restitution to said real or personal property owner and to the Borough of Summit Hill for the costs of prosecution, including the fees of the Code Official.
At the discretion of the Borough of Summit Hill, all tickets for which payment is not received within 45 days of issuance of a ticket for which an appeal is not taken, and 45 days from denial of appeal and monies paid by the Borough of Summit Hill for abatement of a violation not paid within 45 days of billing may be turned over by the Borough to a collection agency for receipt.
At the discretion of the Borough of Summit Hill, liens may be placed upon a property against which tickets were issued for which payment is not received within 45 days of issuance of a ticket for which an appeal is not taken, and 45 days from denial of appeal and monies paid by the Borough of Summit Hill for abatement of a violation and not paid within 45 days of billing.
The penalty lien and collection provisions of this section shall be independent, non-mutually exclusive separate remedies, all of which shall be available to the Borough of Summit Hill as may be deemed appropriate for carrying out the purposes of this article. The remedies and procedures provided in this article for violation hereof are not intended to supplant or replace to any degree the remedies and procedures available to the Borough in the case of a violation of any other Borough of Summit Hill Code or Codified Ordinances, whether or not such other Code or ordinance is referenced in this article, and whether or not an ongoing violation of such other Code or ordinance is cited as the underlying ground for a finding of a violation of this article.
If any provision, paragraph, word, section, or subsection of this article is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or subsection shall not be affected and shall remain in full force and effect.
All relevant ordinances, regulations, and policies of the Borough of Summit Hill, Pennsylvania not amended shall remain in full force and effect. Any ordinance or part of an ordinance conflicting with the provisions of this article shall be and the same is hereby repealed to the extent of such conflict.
This article shall be effective immediately upon passage and approved in the manner prescribed by law.