[HISTORY: Adopted by the Board of Supervisors of the Township
of Newtown 8-12-2019 by Ord. No. 2019-03.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 127,
Property Maintenance, adopted 6-25-2012 by Ord. No. 2012-04, as amended.
A certain document, three copies of which are on file in the office of the secretary of the Township of Newtown, Delaware County, Pennsylvania, being marked and designated as the "2015 International Property Maintenance Code" as published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code of the Township of Newtown, Delaware County, Pennsylvania, to regulate and govern the condition and maintenance of all property, buildings and structures as herein provided; and to provide the standards for supplied utilities and facilities and other physical things and conditions essential to ensure structures are safe, sanitary and fit for occupancy and use; and to provide for the condemnation and demolition of buildings and structures unfit for human occupancy and use; and to provide for the issuance of permits and collection of fees therefor; and to refer to, adopt, and make a part thereof each and all of the regulations, provisions, penalties, conditions and terms of said 2015 International Property Maintenance Code, as if fully set out in this chapter, with the additions, insertions, deletions and changes specified in § 127-2 of this chapter.
The 2015 International Property Maintenance Code is amended
and revised in the following respects:
A.
Section 101.1, Title, is amended by inserting: "the Township of Newtown"
as the name of the jurisdiction.
B.
Section 103.1, General, is amended by deleting it and replacing it
with:
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Section 103.1 General. The Township Code Enforcement Department shall serve as the department of property maintenance and the Zoning Officer as designated per Chapter 172, the municipal code official as designated per Chapter 79, and other such persons as designated by the Township Manager shall serve as the code officials under this Chapter 127.
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C.
Section 103.5, Fees, is amended by deleting it and replacing it with:
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Section 103.5 Fees. The fees for activities and
services performed by the Township in carrying out its responsibilities
under this code shall be as indicated and set forth by the Township
Fee Schedule adopted by resolution of the Township Board of Supervisors.
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D.
The following sections are added:
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105.7 Housing permit. No person or entity shall
lease or rent any dwelling, dwelling unit or rooming unit, motel unit
or hotel unit in the Township without first making application to
and obtaining a permit from the Township to rent or lease such dwelling
unit or rooming unit.
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105.7.1 Term. Housing permits shall
be issued for one-year terms.
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105.7.2 Periodic inspections. The Township
will inspect all rental units every five years. In addition, the Township
may inspect rental units and corresponding common and exterior areas
upon a complaint of a violation of the Property Maintenance Code or
International Fire Code by a tenant or neighboring property owner.
In addition, the Township may perform exterior and common area inspections
every two years. The inspection checklists to be used for all inspections
shall be approved by the Board of Supervisors by resolution.
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105.7.3 Self inspections. In addition
to the aforementioned Township inspections, all rental housing permittees
shall self-inspect all rental units prior to a change of tenant(s)
for that unit. The inspection checklist shall be in the same form
approved by the Township for five-year inspections and shall be signed
by the individual performing the inspection. The signing and/or submittal
of the self-inspection form shall constitute a certification that
the inspection was performed and that the inspection results were
accurately recorded. A self-inspection shall be conducted, and the
corresponding form submitted, for every twelve-month period that the
unit remains vacant. Self-inspection forms shall be submitted to the
Township Manager no later than 10 days after the new tenant takes
possession of the unit. False certifications shall be considered a
violation of the Property Maintenance Code. Hotels and motels shall
perform the self-inspections and submit the self-inspection certifications
annually in lieu of upon change in tenancy.
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105.7.4 Permit application. A housing permit application, in the form as shall be determined by the Township Manager, shall be submitted annually to the Township for each rental unit. The application shall set forth the name of the applicant and the name of the owner if different, together with the address of the dwelling, the dwelling unit (or units) or the rooming unit (or units) which are or will be offered for rent and such other information as may be required by the code official; such application will constitute an agreement between the applicant and the Township for the faithful compliance by the applicant and all agents, servants, employees or representatives of the applicant with all ordinances, rules and regulations of the Township now in effect or hereafter adopted relating to the basic equipment, physical condition, maintenance and occupancy of dwellings and dwelling units, motel and hotel units. The owner, if different from the applicant, remains subject to all provisions of Chapter 127. With the exception of hotels and motels, a housing permit application shall also be submitted to the Township upon every change of tenant.
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105.7.5 Permit application fees. A
housing permit application fee shall be paid by the applicant at the
time of permit application in accordance with the Township Fee Schedule.
Fees for Township inspections and reinspections as may be required
under this section shall be set by the Township Fee Schedule and shall
be payable prior to the issuance of any housing permit.
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105.7.6 Owner or agent. A housing permit
will not be issued or renewed for any person or entity that does not
either reside, or have an office, in the Commonwealth of Pennsylvania
unless that person or entity designates, in writing, an agent in the
Commonwealth of Pennsylvania for the receipt of any notice issued
with respect to this code.
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105.7.7 Permit issuance. Upon receipt
of the permit application, and after any applicable self-inspection,
Township inspection, or reinspection pursuant to Section 105.7.8,
if the premises complies with the International Property Maintenance
Code as adopted by the Township and the International Fire Code, and
the proper fees have been paid, the Code Official shall issue to the
applicant a housing permit.
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105.7.8 Inspection failure. If, upon
inspection, the premises fails to comply with the applicable code
provisions, the code official shall notify the applicant, in writing,
of the deficiencies within 10 days of the inspection. The owner shall
be given 30 days from the date of the notice to correct the deficiencies
and schedule a reinspection. If the code official finds that a deficiency
does not pose an imminent threat to life or safety, a permit may be
issued or retained by the applicant, with the provision that the deficiency
must be corrected within 30 days. The applicant may schedule reinspections
as necessary, but in no event shall the inspection and reinspection
process exceed 120 days from the date of the initial inspection, after
which time the permit may be denied or revoked. Permit denials, revocations
or inspection failures may be appealed to the Newtown Township Property
Maintenance Appeals Board.
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105.7.9 Exemptions. The permitting
requirements of this chapter shall not apply to:
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a)
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All property owned by Newtown Township.
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b)
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Hospitals, nursing homes, or similar institutions where such
facilities are subject to regular county, state or federal licensing
inspections.
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c)
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Single-family dwellings where a parent, parent-in-law or adult
child of the owner remains in occupancy and no net income is earned
by the owner. However, this exemption does not apply where the dwelling
is not occupied by the owner and the dwelling becomes subject to code
violations, which, despite demand, remain uncorrected.
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d)
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Any residential unit occupied by the owner, provided the owner
provides proof of occupancy.
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E.
Section 106.4, Violation penalties, is amended by deleting it and
replacing it with:
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106.4 Violation penalties. Any person or entity
who shall violate a provision of this code, or fail to comply therewith,
or with any of the requirements thereof, shall be liable for fines
and penalties not exceeding $1,000, which fines and penalties may
be collected by summary proceeding or suit brought in the name of
the Township before a Magisterial District Judge. Each day that a
violation continues shall be deemed a separate offense. The Township
may also seek equitable or injunctive relief.
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F.
Section 106.5, Abatement of violation, is amended by deleting it
and replacing it with:
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106.5 Abatement of violation. The imposition of
the penalties herein prescribed shall not preclude the Township from
instituting appropriate action to restrain, correct or abate a violation,
or to prevent illegal occupancy of a building, structure, or premises,
or to stop an illegal act, conduct, business or utilization of the
building, structure or premises.
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106.5.1 Self help. If a violation has
not been corrected within the time designated for such compliance
by the code official and the Board of Supervisors finds that a continuation
of such violation is detrimental to the health, safety or welfare
of the occupants of a building, structure, premises or surrounding
community, or constitutes a public nuisance or hazard, it may order
the correction of such violation using Township resources to accomplish
such corrections and may charge the cost thereof to the violator and
collect such cost by lien and/or otherwise as may be authorized by
law.
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G.
Section 111.1, Application for appeal, is amended by deleting it
and replacing it with:
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111.1 Application for appeal. Housing permit inspection
failures, housing permit denials and housing permit revocations may
be appealed to the Newtown Township Property Maintenance Board of
Appeals, provided that a written application for appeal is filed within
20 days after the day of the decision or notice is 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.
An application for appeal shall be accompanied by a fee as set by
resolution of the Board of Supervisors.
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H.
Section 111.2, Membership of board, and Section 111.2.5, Compensation
of members, are amended by deleting them and replacing them with:
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111.2 Membership of Board. The Board of Appeals under this Chapter 127 shall be comprised of three adult individual residents of the Township of Newtown, as appointed by the Board of Supervisors for one-year terms, and shall be known as the "Newtown Township Property Maintenance Board of Appeals." The initial terms of the Board members will expire at the end of the first calendar year they were appointed.
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111.2.5 Compensation of members. Board
members shall serve without compensation.
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I.
Section 111.4.1, Procedure, is amended by deleting it and replacing
it with:
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111.4.1 Procedure. The Board shall adopt and make
available to the public through the Secretary procedures under which
a hearing will be conducted. The procedure shall not require compliance
with strict rules of evidence, but shall mandate only relevant information
be received.
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J.
Section 111.7, Court review, is amended by deleting it and replacing
it with:
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111.7 Court review. Any person aggrieved by a decision
of the Board of Appeals shall have the right to appeal that decision
to an appropriate court of competent jurisdiction.
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K.
Section 112.4, Failure to comply, shall be amended by deleting it
and replacing it with:
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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, with any of the requirements thereof,
shall be liable for fines and penalties not exceeding $1,000, which
fines and penalties may be collected by summary proceeding or suit
brought in the name of the Township before a Magisterial District
Judge. Each day that a violation continues shall be deemed a separate
offense. The Township may also seek equitable or injunctive relief.
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L.
Section 302.4, Weeds, shall be amended by inserting "10 inches" for
the height limit of weeds.
M.
Section 304.14, Insect screens, is amended by deleting it and replacing
it with:
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Section 304.14 Insect screens. During the period
from March 30 to October 30, 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, and every screen door used
for insect control shall have a self-closing device in good working
condition.
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N.
Section 602.3, Heat supply, is amended by inserting "October 15 to
May 15" as the inclusive dates to maintain minimum temperature.
O.
Section 602.4, Occupiable work spaces, is amended by inserting "October
15 to May 15" as the inclusive dates to maintain minimum temperature.
Nothing in this chapter and the 2015 International Property
Maintenance Code, hereby adopted, shall be construed to affect any
suit or proceeding pending 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, nor shall any just or
legal right or remedy of any character be lost, impaired or affected
by this chapter.
[Added 12-14-2020 by Ord. No. 2020-06]
A.
The Board of Supervisors of the Township of Newtown finds that many
new owners of properties in the Township are not aware of the zoning
classification of their property or of the requirements and limitations
imposed upon their property by the Code of the Township of Newtown.
This lack of knowledge on the part of property owners may result in
unsafe, unhealthy, and/or nuisance properties.
B.
In order to promote the public health, safety, and welfare, the Board
of Supervisors finds and declares that all sellers of property in
the Township shall be required to file with the Township and deliver
to the purchaser, not later than the settlement date for the sale
of the property, a certification showing the zoning classification
for the property and a certification indicating the property's compliance
status with the requirements of the Township Code as set forth in
this section.
As used in this article, the following words and phrases shall
have the meanings indicated:
Any person, partnership, association, corporation, or fiduciary
having legal or equitable title or any interest in any real property.
Whenever used in any clause prescribing or imposing a penalty, the
term "owner," as applied to partnerships and associations, shall include
the partners, or members thereof, and as applied to corporations,
the officers thereof. The term "owner" shall also include any licensed
agent assisting or representing any owner in the completion of a sale
of property or nonresidential lease.
All real property, or any interest therein, situated in the
Township of Newtown, Delaware County, Pennsylvania.
Any person, partnership, association, corporation, or fiduciary
that will receive legal or equitable title or any interest in any
real property from the owner.
In the Township of Newtown, it shall be unlawful for any owner
to transfer any property, or any interest therein, and for nonresidential
properties only to have change in tenancy in any property, unless
the owner shall first deliver to the purchaser at or prior to the
date of settlement or transfer the following certifications, each
of which must be dated within 90 days of the transfer, signed by the
owner and purchaser, or their agents, and a copy filed with the Township
within seven days after the transfer:
A.
Zoning and use classification. Upon application, the Township Zoning
Officer or his designee shall issue a zoning certification statement
certifying the zoning classification of the property to be sold and
stating whether or not the use of the property as represented by the
applicant conforms to Township Code.
B.
Residential code compliance certificate. For residential properties,
the Township Code Official or his designee shall issue a residential
code compliance certificate, in compliance with 68 P.S. § 1082.1,
upon application and a Township inspection demonstrating compliance
with the Township's Property Maintenance Code and the following requirements:
(1)
Ground fault circuit interrupter (GFCI) receptacles are required
for receptacles located in bathrooms, powder rooms and where receptacles
are within six feet of water's edge of a sink;
(2)
Sump pumps, floor drains and roof leaders/downspouts are not connected
to the sewer lateral or public sanitary sewer system or any on-lot
septic system;
(3)
For dwellings equipped with a backflow preventer, the applicant shall
provide documentation that the unit has been tested and certified
within the past 12 months by a certified inspection agency;
(4)
For dwellings equipped with a fire sprinkler system, the applicant
shall provide documentation that the system has been inspected and
certified within the past 12 months by a certified inspection agency;
(5)
Carbon monoxide detector(s) are installed and functioning in hallways
immediately adjacent to any room used for sleeping purposes for properties
serviced with any fuel-burning equipment or that have an attached
garage;
(7)
Township-issued recycling containers/carts are present and are to
remain with the property;
(8)
Public sidewalks and curbs within the property boundaries, including
sidewalks adjacent to the property within the public right-of-way,
are in good condition and without breaks, voids, deterioration or
tripping hazards, consistent with the requirements of the ASTM F1637-19;
and
C.
Nonresidential code compliance certificate. For nonresidential properties,
the Township Code Official or his designee shall issue a nonresidential
code compliance certificate, upon application, and a Township inspection
demonstrating compliance with the Township's Property Maintenance
Code and the following requirements:
(1)
All requirements as set for a residential code compliance certificate;
(2)
Sanitary sewer laterals connected to the public sanitary sewer system have been inspected by a licensed contractor within one year, and a video recording was made of the inspection and has been presented to the Township for review and the licensed contractor has certified compliance with the Township Sewer Ordinance, Chapter 130, including any requirements regarding inflow and infiltration;
(3)
Means of egress are consistent with the original building design
or as approved by subsequent permit and offer a safe, continuous and
unobstructed path to all identified exits;
(4)
Exit capacities are consistent with the original occupant load designs
or as approved by subsequent permit;
(5)
Exit signs and emergency lighting are installed and functional;
(6)
If a building or structure is served by an existing fire alarm and/or
suppression system, a report from a qualified service contractor has
been provided verifying those systems are in good working order and
are maintained in accordance with their original design or as approved
by subsequent permit;
(7)
Fire extinguishers are visible and properly serviced in accordance
with NFPA 10 and any amendments thereto;
(8)
If a building or structure is used for food handling or service,
a satisfactory inspection report from the Newtown Township Health
Inspector has been obtained.
A.
Applications for zoning certification statement. The application
for a zoning certification statement shall be made on forms provided
by the Township and shall set forth such information as requested
on the form, as the Zoning Officer may require, including the following:
the address of the property; the name and address of the current owners
and proposed purchasers, if known, together with their authorized
agents, if any; a complete statement of the current use or uses to
which the property is being put. The information provided in the application
shall be verified to be true and accurate by the applicant.
B.
Applications for residential code compliance certificates and nonresidential
code compliance certificates shall be submitted on forms provided
by the Township and shall set forth such information as requested
on the form, as the Township Code Department may require. The information
provided in the application shall be verified to be true and accurate
by the applicant.
C.
The applications for zoning certification statement, residential
code compliance certificate and nonresidential code compliance certificate
shall authorize the Township to inspect the property; however, the
Township is not required to perform such an inspection and may rely
solely upon the representations made in the application for the issuance
of said certificates.
D.
The applications for zoning certification statement, residential
code compliance certificate and nonresidential code compliance certificate
shall be accompanied by a fee, the amount of which shall be set by
the Board of Supervisors. The initial fee shall cover an initial inspection
and one follow-up inspection, if needed. Each subsequent reinspection
will be charged at a rate to be determined by the Board of Supervisors.
E.
The Township will respond to an application within 10 business days
of receipt of a fully completed application and the accompanying fee
as set forth in the Township fee schedule.
A.
Any owner, or licensed agent representing the owner, who submits
a false application to the Township, obtains a certification through
misrepresentation, or who fails to provide the certifications required
by this article shall be guilty of violating the provisions of this
section, and upon conviction thereof in a summary proceeding, shall
be subject to payment of a civil fine of not more than $600 and costs
of prosecution, in addition to such other remedies as may be provided
by law or equity.
B.
Any purchaser or nonresidential lessee that occupies any building
or structure that did not obtain the necessary certifications from
the owner shall be required, upon demand by the Township, to submit
such applications for certifications as if they were the owner, and
shall be subject to the inspections set forth in this article as if
an application had been made.
