Township of Barrett, PA Property Maintenance

Those chapters and sections, as listed more specifically in § 375-3 of this chapter, of a certain document, three copies of which are on file in the office of Secretary of Barrett Township, being marked and designated as the International Property Maintenance Code, 2006 edition, as published by the International Code Council, be and are hereby adopted as the Property Maintenance Code of Barrett Township 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; 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 offices of Barrett Township are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 375-4 of this chapter.

§ 375-3 Specific chapters and section adopted.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The following chapters and sections of the International Property Maintenance Code, 2006 edition, are adopted and incorporated herein by reference:

Chapter 1, Administration	Chapter 2, Definitions	Chapter 3, General Requirements
101, General	201, General	301, General
102, Applicability	202, General Definitions	302, Exterior Property Areas
103, Department of Property Maintenance Inspection		303, Swimming Pools, Spas and Hot Tubs
104, Duties and Powers of the Code Official		304, Exterior Structure [partial, as set forth in Section 4 below]
105, Approval		307, Rubbish and Garbage
106, Violations
107, Notices and Orders
108, Unsafe Structures and Equipment
109, Emergency Measures
110, Demolition
111, Means of Appeal

§ 375-4 Revisions to adopted provisions.

The following revisions shall be substituted for and shall replace the provisions adopted pursuant to § 375-3 of this chapter:

Section 101.1, Title. These regulations shall be known as the "Property Maintenance Code of Barrett Township" ("this code").

Section 103.1, General. The department of property maintenance inspection is hereby created under the direction of the Zoning Officer (hereinafter "the code official").

Section 103.2, Appointment. The code official shall be appointed by the Board of Supervisors of Barrett Township and shall be subject to annual reappointment in the sole discretion of the Board.

Section 103.3, Deputies. The Board of Supervisors may, from time to time, as it deems necessary, appoint deputy code officials, other related technical officers, inspectors and other employees.

Section 103.5, Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be established by the Board of Supervisors by resolution and may be amended from time to time.

Section 106.3, Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Section 106.4, Violation penalties. Not adopted [see Section 106.3 above].

Section 302.4, Weeds and dead/damaged trees. All lawns and other grass areas (not including undeveloped lots or natural woodlands) shall be maintained free from weeds or plant growth in excess of a height of 10 inches and all dead, damaged or otherwise dangerous trees shall be removed. Upon failure of the owner or agent to cut and destroy weeds, or to remove a dead/damaged tree, after service of notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by Barrett Township. Upon failure to comply with the notice of violation, any duly authorized employee of Barrett Township or contractor hired by Barrett Township shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon and to cut and remove a dead/damaged tree, and the costs of such removal shall be paid by the owner or agent responsible for the property.

Section 304.2, Protective treatment. All exterior surfaces, including but not limited to exterior siding, doors, door and window frames, cornices, porches, trim, balconies, decks and fences of any house, barn, shed, garage or other structure shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment of matching color. Peeling, flaking and chipped paints shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather-resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

Section 304.3, Premises identification - not adopted.

Section 304.5, Foundation walls - not adopted.

Section 304.6, Exterior walls - not adopted.

Section 304.8, Decorative features - not adopted.

Section 304.13.1, Glass [delete "Glazing"]. All glass materials shall be maintained free from cracks and holes.

Section 304.13.2, Openable windows - not adopted.

Section 304.14, Screens [delete "insect screens"] - Any screened areas must be maintained in good working condition.

Section 304.15, Doors - not adopted.

Section 304.17, Guards for basement windows - not adopted.

Section 304.18, Building security - not adopted.

Section 304.18.1, Doors - not adopted.

Section 304.18.2, Windows - not adopted.

Section 304.18.3, Basement hatchways - not adopted.

§ 375-5 No effect on pending actions.

That nothing in this chapter or in the 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.

§ 375-6 Severability.

The provisions of this chapter are severable. If any sentence, clause or section is for any reason found to be unconstitutional, illegal or invalid, such decision shall not affect the validity of any of the remaining provisions of this chapter. It is hereby declared as the legislative intent that this chapter would have been adopted had such unconstitutional, illegal or invalid provisions not been included herein.

§ 375-7 Repealer.

Barrett Township Ordinance No. 85 and all ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed.

§ 375-8 When effective.

This chapter shall take effect five days after the date of its enactment.