Ordinance No. 244 of Avondale Borough, which adopted an earlier version of the International Property Maintenance Code, is hereby repealed in its entirety.
[HISTORY: Adopted by the Borough Council of the Borough of Avondale 10-15-2019 by Ord. No. 265. Amendments noted where applicable.]
There is hereby adopted by the Council of the Borough of Avondale the International Property Maintenance Code, 2015 Edition, as now and as hereafter supplemented, reissued, amended and revised, as published by the International Code Council, Inc. Not fewer than three copies of the International Property Maintenance Code, 2015 Edition, are filed in the office of the Secretary of Avondale Borough, and the same is hereby adopted and incorporated as fully as if set out at length herein.
For the purposes of enforcing the 2015 Edition of the International Property Maintenance Code, the Code Enforcement Officer of Avondale Borough is hereby designated as the Code Official.
The following sections of the newly adopted 2015 International Property Maintenance Code are further revised, or language inserted as follows:
A.
Section 101.1 insert: Avondale Borough.
B.
Section 103.5 shall be removed and replaced with the following language:
"103.5. Fees. The fees for activities and services performed by the Borough in carrying out its responsibilities under this code shall be according to the fee schedule as adopted by the Council of the Borough of Avondale by resolution, which may be amended from time to time by subsequent resolution."
C.
Section 106 Violations. Sections 106.1 through 106.5 are deleted and are replaced by the following:
"106.1 Violation is a summary offense. Any violation of this ordinance is a summary offense and shall be prosecuted in the manner provided for by statute and rules of court for the prosecution of summary offenses.
106.2 Penalty. Any person convicted of a summary offense for violation of this ordinance shall be sentenced to pay a fine of not more than $1,000 for each offense. In default of payment of such fine, the violator shall be subject to imprisonment for not more than 30 days in the county correctional facility.
106.3 Separate offenses. A separate offense shall arise for each day or portion of a day in which a violation is found to exist and for each provision of this ordinance found to have been violated.
106.4 Payment of fines, costs, penalties, and fees. All fines, costs, penalties, and fees imposed because of a violation of this ordinance shall be paid to the Borough Treasurer.
106.5 Other remedies. In addition to or in lieu of prosecution of a violation of this ordinance as a summary offense, the Borough may institute appropriate actions in any court of competent jurisdiction to enforce this ordinance, including, without limitation, actions to restrain, correct, or abate a violation, to prevent illegal occupancy of a building, structure, or premises, to stop an illegal act, conduct, business or utilization of a building, structure or premises.
106.6 Any person convicted of a summary offense for a violation of this ordinance or against whom relief is granted in any civil enforcement proceeding also may be assessed court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings.
106.7 Costs. The costs incurred by the Borough to remediate any violation shall be a lien upon the real estate where the violation occurred, and shall be collectible, together with the costs of collection and reasonable attorney's fees, in any manner as a municipal claim may be collected."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Section 112.4. Insert: $150 and $1,000.
E.
Section 302.3. A new section 302.3.1 shall be included and read as follows:
"Section 302.3.1. Property owners shall not permit grass, weeds, tree roots, etc., to grow on, up or through a curb, sidewalk or any part of such areas. It is the responsibility of property owners to maintain each sidewalk and related curb, and to remove all grass, weeds, foliage, tree roots, etc., by whatever means necessary, including the application of commercially available chemicals or combinations thereof which will kill all grass, weeds, foliage, tree roots, etc., growing on or up through the sidewalk and top of the curb."
F.
Section 302.4. Insert: six inches.
G.
Section 302.4. The following new provisions shall also be inserted as new Section 302.4.1:
"Section 302.4.1. | |
A. | Removal of diseased or dangerous trees from public streets and public rights-of-way. |
1. | The property owner or person in possession and control of property within the Borough shall be responsible for maintaining any and all trees, branches, vines, shrubs and other landscaping on their property so that they do not unreasonably affect or interfere with the health, safety or welfare of the public or the right of the public to the unobstructed use of the public roads or public property. If the condition of any tree, branch, vine, shrub or other landscaping on private property in the Borough, because of disease or otherwise, unreasonably affects or interferes with the health, safety or welfare of the public or the right of the public to the unobstructed use of the public roads or property, the Borough shall send written notice via regular and certified mail to the property owner or person in possession and control of the property ordering that such obstruction be cut and/or removed from the public road or public property within 30 days from receipt of the notice. Upon failure of the property owner to remove the obstruction, the property owner shall be subject to prosecution in accordance with Section 106 and as prescribed by the authority having jurisdiction. If the property owner fails to remove such obstruction within 30 days, the Borough may enter the property and remove the obstruction. Thereafter, the Borough's cost of cutting and/or removing the obstruction shall be billed to the property owner or the person in possession and control of the property and shall be due and payable within 10 days of the date the Borough bills the property owner for the cost of the cutting and/or removal of the obstruction. If the amount of the bill is not paid within 10 days, all amounts due and owing shall be deemed to be delinquent and shall be subject to a penalty of 10% of the amount billed. |
2. | If the billing is not paid within 15 days, the Borough may file an action in assumpsit or any proceeding otherwise provided by law to recover the amount of the delinquent bill together with any costs, attorney's fees or expenses, or may file a municipal lien against the property pursuant to the procedure established in the Pennsylvania Municipal Lien Law for any amounts due and owing the Borough. Such lien shall be collected in the manner provided for by law for the filing and collection of such municipal liens. All of the Borough's remedies shall be cumulative. |
3. | In the event that a tree, branch, vine, shrub or other landscaping has fallen into the Borough right-of-way and obstructs the use of the public roads or is creating a hazardous condition which requires immediate attention, the Borough is authorized to immediately remove the obstruction from the right-of-way and bill the property owner for the cost of removing the obstruction." |
H.
Section 302.8. Insert: "or a motor vehicle without a valid inspection" immediately after the phase "no inoperative or unlicensed motor vehicle" in order to similarly prohibit those vehicles.
I.
Section 304.14. Insert: April 1 through September 30.
J.
Section 306. A new Section 306.1.2 is added to read:
"Section 306.1.2. Inappropriate Outdoor Use - Furniture and other similar objects not designed, built, and manufactured for outdoor use, including, without limitation, motor vehicle seats and objects with non-weather-resistant materials, upholstered objects, objects which promote the growth of mold within the object or on its covering fabric, objects which retain water, or are subject to infestation by vectors or vermin, shall not be placed or stored on exterior porches, in yards, or any exterior part of any property where such objects would be exposed to the weather."
K.
Section 505. Water Supply is hereby amended to add the following new section:
"Section 505.5 Required water supply. Where the required plumbing fixtures in a premises are supplied with water through a connection to a public or approved private water supply system, and such connection is not, at all times, fully functioning and active, or is shut off or not functioning in a safe manner in compliance with all applicable design, maintenance, and use regulations for the occupancy of the premises, failure to promptly restore required service and repair unsafe system components and conditions, including, without limitation, repair and replacement of leaking service lines, shall be a violation of this Code and, in addition to all other enforcement actions, the code official may declare the premises "unfit for human habitation or use" pursuant to Section I 08.1.3 hereof."
L.
Section 602. Section 602.1 is amended to include the following new section:
"Section 602.1.1. All dwelling units shall have permanently and properly installed and functioning non-portable-type central heating facilities and/or fixed gas or electrical heating systems or coal- or wood-burning stoves that are approved for the purpose and location where installed. Such heating facilities shall be capable of maintaining the required temperatures in all habitable areas, bathrooms and toilet rooms of the structure."
M.
Section 602.3. Insert: October 1 through April 1.
N.
Section 602.4. Insert: October 1 through April 1.
O.
Chapter 7 Fire Safety Requirements is further amended as follows:
(1)
The following is added as a new Section 704.5:
"Section 704.5. The removal of a battery or power source from a smoke alarm or the disabling of the alarm in any other fashion is a violation of this section and each smoke alarm so disabled shall constitute a separate violation for each day it is so disabled."
(2)
The following is added as a new Section 705:
"SECTION 705 |
CARBON MONOXIDE DETECTORS |
Section 705.1 General. An approved carbon monoxide (CO) detector/alarm shall be installed, operating, powered and maintained, at all times, 1) in all dwelling units where any appliance or heating device, utilizing or intended to utilize combustible material, is used or designed as the primary or a supplemental heat source; and 2) in all dwelling units with an attached garage. The removal of a battery or power source from a required carbon monoxide detector/alarm or the disabling of the detector/alarm in any other fashion is a violation of this section and is a separate violation for each day that each detector/alarm is so disabled." |