[Adopted 9-10-1992 by Ord. No. 92-10]
This article shall be known and cited as the
"Upper Frederick Township Property Maintenance Ordinance."
Recognizing the need within Upper Frederick
Township to establish certain minimum health and safety requirements
for those buildings, structures or properties which are associated
with human occupancy or use, this article hereby establishes standards
which the Board of Supervisors considers to be fair and essential
in meeting those minimum requirements.
This article, and the objectives leading to
its enactment, are authorized by the Second Class Township Code.
As used in this article, the following terms
shall have the meanings indicated:
BUILDING
A roofed structure, enclosed by one or more walls, housing,
storage or enclosure of persons, goods, materials, equipment or animals.
COURT
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
INFESTATION
The presence of insects, rodents, vermin and/or other pests
which shall constitute a threat or potential threat to the health,
safety or welfare of the citizens of Upper Frederick Township.
LOT
Plots, tracts, premises or parcels of land, with or without
improvements thereto.
NUISANCE
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of Upper Frederick Township.
OWNER
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or otherwise,
is vested with the title to a lot and/or improvements thereto or who
retains the exclusive control of such a lot and/or improvements thereto
in his capacity as a legal representative, such as an administrator,
trustee, executor, etc.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
UNOCCUPIED HAZARD
Any building, or part thereof, or man-made structure, which
remains unoccupied for a period of more than six months, with either
doors, windows or other openings broken, removed, boarded or sealed
up, or any building under construction upon which little or no construction
work has been performed for a period of more than six months.
YARD
Any open space on the same lot with a building and, for the
most part unobstructed from the ground up.
The provisions of this article shall supplement
local laws, ordinances or regulations existing in Upper Frederick
Township, or those of the Commonwealth of Pennsylvania. Where a provision
of this article is found to be in conflict with any provision of a
local law, ordinance, code or regulation, or those of the Commonwealth
of Pennsylvania, the provisions which are more restrictive or which
establishes the higher standard shall prevail, unless preempted.
It shall be unlawful for any person to store
or maintain abandoned, unused, stripped, damaged and generally unusable
appliances, machinery or equipment, construction materials in the
open, or toxic chemicals not maintained for personal use or actively
used in the normal operation of a business, on private property. Such
storage shall constitute a nuisance and/or health hazard if any of
the following conditions exist:
A. Broken glass or metal parts with sharp or protruding
edges.
B. Containers which are conducive to the harboring and
growth of vermin or animals.
C. Storage in any manner which would allow the equipment,
machinery, material, or any parts thereof, to easily shift, tilt or
fall from its original storage position.
D. Containers of any liquid or material of a hazardous
or potentially hazardous nature including, but not limited to, gasoline,
oil, battery acids, explosives, refrigeration agents and poisons,
which are not maintained for personal use or in association with the
normal operation of a business.
E. Refrigerators with the doors remaining attached.
Any occupant of a premises shall be responsible
for compliance with the provisions of this article with respect to
the maintenance of that part of the premises which he occupies and/or
controls in a safe, sound and/or sanitary condition pursuant to the
terms of the contract/agreement under which he exercises occupancy
and/or control thereof.
The Board of Supervisors may, or may cause,
through an authorized representative of Upper Frederick Township,
entry onto premises for the purpose of inspection of any and all premises,
properties, buildings and/or structures located within Upper Frederick
Township for ascertaining the existence of violations. No action shall
be instituted on private complaint without the delivery of a signed
written complaint to the Board of Supervisors of Upper Frederick Township
by the complaining person or persons prior to the institution of any
enforcement proceeding. In those matters where the nature of an alleged
violation is such that an inspection of the interior of a building
or structure is necessitated, prior arrangements must be made with
the owner, or his agent, to secure access thereto.
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a District Justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
If the premises are owned by more than one owner,
each owner shall severally be subject to prosecution for the violation
of this article.
The remedies provided herein for the enforcement
of this article, or any remedy provided by law, shall not be deemed
mutually exclusive; rather they may be employed simultaneously or
consecutively, at the option of the Board of Supervisors.
[Adopted 12-16-2004 by Ord. No. 04-17;
amended 5-14-2020 by Ord. No. 2020-01]
That a certain document, one copy of which is on file in the Office of the Township Secretary of Upper Frederick Township, being marked and designated as, "The International Property Maintenance Code, 2015 Edition", subject to the revisions below in §
194-19, and including Appendix A, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Upper Frederick Township, in Montgomery County, Pennsylvania, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code on file in the Office of Upper Frederick Township are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in §
194-19 of this article.
The International Property Maintenance Code, 2015 Edition, as
referenced in this article, shall be revised as follows:
A. Deletions. The following subsections of the International Property
Maintenance Code, 2015 Edition, are hereby deleted in their entirety:
(1) Section 101.4. Severability.
(2) Section 106.3. Prosecution of Violation.
(3) Section 111.2.5. Compensation of Members.
B. Amendments. The following subsections of the International Property
Maintenance Code, 2015 Edition, are hereby amended to read as follows:
(1) Substitute in all sections of the Code, the term "Code Enforcement
Officer" for [THE CODE OFFICIAL].
(2) Substitute in all sections of the Code, "The Board of Supervisors"
for [THE GOVERNING BODY].
(3) Substitute in all sections of the Code, "Code Appeals Board" for
[BOARD OF APPEALS].
(4) Section 101.1. The name of the jurisdiction shall be "Upper Frederick
Township."
(5) The title of Section 103 shall be amended to read as follows: "CODE
ENFORCEMENT OFFICER AND DEPUTIES."
(6) Section 103.1 shall be amended to read as follows: "103.1 Creation
of The Office of The Code Enforcement Officer. The office of the Code
Enforcement Officer is hereby created, and the executive official(s)
in charge thereof shall be known as the Code Enforcement Officer(s)."
(7) Section 103.2 shall be amended to read as follows: "103.2. Appointment.
The Code Enforcement Officer(s) shall be appointed by the Board of
Supervisors and shall serve at the pleasure of the Board of Supervisors."
(8) Section 103.5 shall be amended to read as follows: "103.5. Fees.
The fees for all work, permits, charges, etc. shall be paid in accordance
with the Fee Schedule Resolution in effect at the time application
is made."
(9) The title of Section 104.6 shall be amended to read as follows: "104.6
Code Enforcement Officer's Records."
(10)
Section 106.4 shall be amended to read as follows: "106.4. Penalties. Penalties for noncompliance with the provisions of these subsections shall be as set forth in §
112-5, Violations and Penalties; Unfit Buildings, of Chapter
112, Code Enforcement."
(11)
Section 111.2 shall be amended to read as follows: "111.2 Membership
of Board. The Code Appeals Board shall consist of not less than three
members who are qualified by experience and training to pass on matters
pertaining to property maintenance and who are not employees of Upper
Frederick Township. The Code Appeals Board shall be appointed annually
by the Board of Supervisors."
(12)
Section 112.4. Insert "$100" for the first reference of [AMOUNT],
and "$1,000" for the second reference of [AMOUNT].
(13)
Section 202 is amended to include the following additional definitions:
CODE APPEALS BOARD
The Board appointed by the Board of Supervisors to hear appeals
from the decision of the Code Enforcement Officer.
OCCUPIED
As applied to a building, or portion thereof, shall be construed
as though followed by the words, "or intended, arranged or designed
to be occupied, or having a certificate of use and occupancy."
(14)
Section 302.4. The height limitation for weeds and plant growth
shall be 10 inches.
(15)
Section 302.8 shall be amended to read as follows: "302.8 Motor
Vehicles. Except as provided in other regulations, no unregistered
and/or uninspected motor vehicle shall be parked on any property,
and no such vehicle shall, at any time, be in a state of major disassembly
for a period in excess of 30 days, or disrepair, nor shall it be in
the process of being stripped or dismantled. A vehicle of any type
shall not, at any time, undergo major overhaul, including body work,
in a residential district, unless such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes."
(16)
Section 304.14. Insert "May 15" for the first reference of [DATE],
and "October 15" for the second reference of [DATE].
(17)
Section 402.2 shall be amended to read as follows: "402.2 Common
Halls and Stairways. Every common hall and stairway in every building
other than a single-family dwelling shall be adequately lighted at
all times. This would include emergency electrical service in the
event of power failure, as provided for in the International Fire
Prevention Code."
(18)
Section 502.2 shall be amended to read as follows: "502.2 Rooming
Houses. At least one water closet, lavatory and bathtub or shower
shall be provided for each four rooms, or maximum of six persons,
within a rooming house."
(19)
Section 502.3 shall be amended to read as follows: "502.3 Hotels.
Where private water closets, lavatories and baths are not provided,
one water closet, one lavatory and one bathtub or shower accessible
from a public hallway shall be provided for each six occupants."
(20)
Section 602.3 shall be amended to read as follows: "602.3 Minimum
Average Unit Temperature. Every person who shall rent or lease, as
lessor, any building, apartment or room for residential purposes,
and whose rental agreement or lease requires the supplying or furnishing
of heat therefore, shall, from the hours of 6:00 a.m. to 11:00 p.m.,
furnish heat to every room so occupied to a minimum average unit temperature
of 68° F., to be so furnished whenever the street or outdoor temperature
shall fall below 50° F., and from September 15 to May 15 regardless
of the outdoor temperature.
Exceptions:
(a)
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.
(b)
In areas where the average monthly temperature is above 30°
F. (-1° C.), a minimum temperature of 65° F. (18° C.)
shall be maintained."
(21)
Section 602.4 shall be amended to read as follows: "602.4 Nonresidential
Structures. Every enclosed occupied work space shall be supplied with
sufficient heat during the period from September 15 through May 15
to maintain a temperature of not less than 68° F. (20° C.)
during all working hours."
(22)
Section 603.2 shall be amended to read as follows: "603.2 Flue.
All fuel-burning equipment shall be connected to an approved chimney
or vent."
(23)
Section 604.2 shall be amended to read as follows: "604.2 Service.
The size and usage of appliances and equipment shall be used as a
basis for determining the need for additional facilities in accordance
with NFPA 70 listed in Chapter 8. Every dwelling shall be served by
a main with not less than 100 ampere service with "S" base for proper
fusing."
C. Insertions. The following new subsections shall be added to the International
Property Maintenance Code, 2015 Edition:
(1) Section 104.7. Property Transfers. In the Township, it shall be unlawful
for any owner to transfer a property or an interest therein unless
the owner shall first ensure that the property inspections required
under the Property Maintenance Code have first occurred. Compliance
with the results of that inspection need not yet have occurred at
the time of transfer, but shall be completed with a reasonable time
as determined by the Code Enforcement Officer.
(2) Section 104.7.1 Single-Family Dwelling Requirements. Upon transfer
of title to a new owner, all corrections or repairs of the following
enumerated items shall be made by the owner or purchaser in accordance
with the requirements of the Municipal Code and Ordinance Compliance
Act (68 P.S. §§ 1081-1083):
(a)
No accumulation of rubbish or garbage.
(b)
Decks, pools and other accessory structures conformed to zoning
regulations and building codes.
(c)
Swimming pools must be enclosed with a minimum four-foot-high
fence.
(d)
Cellar drains or sump pumps connected to a public sewer must
be removed.
(e)
Broken windows must be repaired.
(f)
Egress from all bedrooms (windows must be operational and maintain
an open position).
(g)
Roof drains must not be connected to a public sewer.
(h)
A smoke detector must be installed on each floor level, unfinished
basement and in every bedroom.
(i)
Carbon monoxide detector must be installed near bedrooms (with
fuel-fired appliances only).
(j)
A fire extinguisher equipped with a hose and nozzle and of a
2 1/2 pound BC dry powder rating must be supplied for the dwelling.
(k)
An existing acceptable 60 ampere service, or a minimum of 100
ampere three-wire electric service, must be installed for the dwelling.
(l)
All breakers or fuses at panel must be properly labeled.
(m)
All kitchens, bathrooms, powder rooms, laundry rooms and swimming
pool receptacle, or any outlets within six feet of water source, must
be supplied with a ground fault receptacle.
(n)
All gas ranges must be supplied with shutoff valves installed
behind the range.
(o)
All electrical ranges must have an outlet installed at the rear
of the range.
(p)
Toilets, tub/shower units and lavatories must be properly functioning.
(q)
Proper ventilation for dryers (must vent directly outside).
(r)
Drip let on water heater relief valve (maximum of six inches
from floor with a minimum one-inch air gap from floor, rigid pipe
only).
(s)
All properties must be supplied with three-inch numbers outside
the property in clear view of the street designating the street number
of the property.
(t)
The property must be in clean and sanitary condition.
(u)
A certificate of inspection must be provided by a Township authorized
heat and oil burner service dealer for the heating unit.
(v)
Before the issuance of the property transfer use and occupancy
certificate, a full buyer notification inspection shall be conducted.
The old owner must inform the new owner of all pending violations,
and a letter of intent signed as to who will be responsible for the
said violations. All violations must be corrected within 60 days upon
transfer of title to new owner.
(w)
In the event that the property transfer does not occur, the present owner must correct all listed violations within 60 days of the date on which the settlement on the property was to have occurred. Failure to abate said violation shall be subject to the penalties set forth in §
112-5B, Penalties, of Chapter
112, Code Enforcement.
(3) Section 104.7.2 Two-Family and Multiple Dwelling Units. Upon transfer
of title to a new owner, no single-family rental unit, no two-family
dwelling and no multiple dwelling shall be occupied, in whole or in
part, until the issuance of a property transfer certificate of occupancy
by the Code Enforcement Officer that said structure conform in all
respects to the requirements of this Code (International Property
Maintenance Code, 2015 Edition) and International Fire Prevention
Code. The following requirements must be met before a property transfer
certificate of use and occupancy shall be issued:
(a)
Before the issuance of the said certificate of occupancy, a
full code compliance inspection shall be conducted. The old owner
must inform the new owner of all pending violations, and a letter
of intent shall be signed as to who will be responsible for said violations.
All violations must be corrected within 60 days upon transfer of the
title to the new owner.
(b)
In the event that the property transfer does not occur, the present owner must correct all listed violations within 60 days of the date on which the settlement on the property was to have occurred. Failure to abate such violation shall be subject to the penalties set forth in §
112-5B, Penalties, of Chapter
112, Code Enforcement.
(c)
All hazardous building, safety, fire, plumbing and electrical
violations cited at the time of inspection by the Code Enforcement
Officer shall be corrected in the time specified by the Building Inspector
and Fire Marshall.
(4) Section 104.7.3 Commercial, Office, Manufacturing and Industrial
Buildings. Upon transfer of title to a new owner, no commercial, office,
manufacturing or industrial building shall be occupied, in whole or
in part, until the issuance of a property transfer certificate of
occupancy by the Code Enforcement Officer that said structure conforms
in all respects to the requirements of this Code (International Property
Maintenance Code, 2015 Edition) and the International Fire Prevention
Code. The following requirements must be met before a property transfer
certificate of use and occupancy shall be issued:
(a)
Before the issuance of the said certificate of occupancy, a
full code compliance inspection shall be conducted. The owner must
inform the new owner of all pending violations, and a letter of intent
shall be signed by whoever will be responsible for the correction
of the violations, which must occur within 60 days of transfer of
the deed to the new owner.
(b)
In the event that the property transfer does not occur, the present owner must correct all listed violations within 60 days of the date on which the settlement on the property was to have occurred. Failure to abate such violation shall be subject to the penalties set forth in §
112-5B, Penalties, of Chapter
112, Code Enforcement.
(c)
All hazardous building, safety, fire, plumbing and electrical
violations cited at the time of inspection by the Code Enforcement
Officer shall be corrected in the time specified by the Building Inspector
and Fire Marshall.
(5) Section 104.7.4 Transfer Only Permits. The Code Enforcement Officer
shall have the power to issue permits for the transfer of ownership
of single-family dwellings that are not intended for occupancy until
all requirements of § 104.7.1 hereof, have been satisfied.
The Township Supervisors, by resolution, shall establish the appropriate
fee for the issuance of a transfer only permit.
(6) Section 107.7. Written Approval Required. A dwelling or dwelling
unit which has been condemned and placarded as unfit for human habitation
shall not again be used for human habitation until written approval
is received from the Code Enforcement Officer.
(7) Section 301.2.1 Maintenance Along Right-of-Way. Where properties
abut a public right-of-way, the abutting property owner shall be responsible
for the maintenance of the area between their property line and the
cartway, including the curb, the sidewalk and grass areas between
the curb and the property line.
(8) Section 301.4 Caretaker. In every multiple dwelling in which the
owner does not reside, there shall be a responsible person, designated
by the owner, residing on the premises whose duties include maintaining
the commonly used parts of the premises.
(9) 302.3.1 Sidewalk Maintenance. Where sidewalks exist, those responsible
(see Section 301.2.1, as amended) for the sidewalks shall have at
least a two-foot-wide path cleared of snow and ice within 24 hours
after the cessation of the snowfall.
(a)
Exception: When more than 12 inches of snow has fallen, those
responsible for the sidewalk shall have at least a two-foot-wide path
cleared of snow and ice within 48 hours after the cessation of the
snowfall.
(10)
Section 302.4.1 Grass and Weed Removal. The owner of any property,
or the occupant of the property if occupied by other than the owner,
shall remove, trim or cut all grass, weeds or other vegetation growing
or remaining upon such property in violation of the provisions of
Section 302.4.
(11)
Section 302.4.2 Grass and Weed Removal Notices. The Code Enforcement
Officer, or any officer or employee of the Township designated thereby
for this purpose, is hereby authorized to give notice, by personal
service or United States mail, to the owner or occupant or any adult
person in charge of the said premises, as the case may be, of any
property wherein grass or other vegetation is in violation of Section
302.4 or Section 302.4.1, directing and requiring such occupant or
owner to remove, trim or cut such grass, weeds or vegetation so as
to conform to the requirements of this article, within five days after
issuance of such notice.
(a)
Whenever, in the judgment of the Code Enforcement Officer, it
shall appear to be impracticable to give notice as above provided,
either because the owner or occupant cannot readily be found, or because
a search for the owner or occupant would entail unreasonable delay,
the Township or any officer or employee of the Township designated
thereby for that purpose, may give notice by posting, conspicuously
on the property where such nuisance exists, a notice or order directing
and requiring that such nuisance be abated within five days.
(b)
In case any person, firm or corporation shall neglect, fail
or refuse to comply with such notice within the period of time stated
therein, the Township may order the removal, trimming or cutting of
such grass, weeds or vegetation, and the cost thereof, together with
a penalty of 10% of the cost thereof, shall be collected by the Township
from such person, firm or corporation, in the manner provided by law,
and may be entered as a municipal lien against the property and owner
thereof for the abatement of the nuisance.
(12)
Section 302.8.1 Unregistered Vehicles. Registered motor vehicles
are prohibited from parking on any nonpaved area in the front or side
yards of a property for a period of greater than 12 hours. Motor vehicles
may be parked on nonpaved areas in the rear yard providing that a
solid fence, a minimum of six feet tall, is erected around the rear
yard in order to screen the contents of the yard from surrounding
neighbors.
(13)
Section 602.3.1 Responsibility of Owner or Agent. For the purpose
of this article, whenever the heating apparatus, plant or system in
places of residence is under the control of the owner or his agent,
in the absence of any contract to the contrary, the owner, as lessor,
shall be deemed to have contracted to furnish heat as set forth herein.
(14)
Section 602.3.2 Exceptions. The provisions of this article shall
not apply in cases of emergency breakdowns or failures in the heating
system, unit or plant; provided, that the lessor, owner or his employee
or agent in such event shall promptly, upon notice or knowledge thereof,
take such measures as are reasonably necessary and proper to repair
or correct such breakdown or failure. (This will not apply to units
that malfunction through negative maintenance or continuous inadequate
fuel supply.)
(15)
Section 602.3.3 Enforcement, Investigation and Tests. The provisions
of this article shall be enforced by the Code Enforcement Officer,
or such other duly authorized person who, upon complaint, shall make
tests of the residence, building, apartment or room, by placing three
Mercury thermometers at least three different points or locations
therein, near or adjacent to an inside wall, away from any window
or obvious draft, and at least three feet above the floor. An accurate
written record, in triplicate, shall be made at the time of the test,
showing the date, time, property location, placement of the thermometers,
period of time covered by the readings, and the temperatures found.
One copy of said written report shall be given to the tenant, one
copy shall be mailed or delivered to the owner or lessor, and one
copy shall be returned to and permanently preserved by the Code Enforcement
Officer, and shall be available for production into evidence on any
hearing charging a violation of the provisions of this article. Each
copy of the report shall be signed by the Code Enforcement Officer
making the test.
It shall be unlawful for any owner to occupy or lease for occupancy
any dwelling or dwelling unit which violates the provisions of this
article at the time of occupancy.
This article, together with the International Property Maintenance
Code, 2015 Edition, adopted herein, shall be known and may be cited
as the "Property Maintenance Code of the Township of Upper Frederick."