[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Mount Bethel as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Application for Hearing Under International Maintenance CodeAttachment 2 - Policies and Procedures
[Adopted 9-10-2007 by Ord. No. 2007-06]
A. 
Whereas, Upper Mount Bethel Township is a duly organized municipality and existing Township of the Second Class situate in Northampton County, Commonwealth of Pennsylvania, with offices located at 387 Ye Olde Highway, Mt. Bethel, PA 18343; and
B. 
Whereas, pursuant to the Second Class Township Code, the Township Board of Supervisors may make and adopt ordinances for, inter alia, the health and welfare of the Township and its citizens (53 P.S. § 66506); and,
C. 
Whereas, pursuant to the Second Class Township Code, the Township Board of Supervisors may enact and enforce ordinances to govern and regulate, inter alia, the maintenance of all buildings and housing within the Township (53 P.S. § 66517); and
D. 
Whereas, pursuant to the Second Class Township Code, the Township Board of Supervisors may appoint a building and housing inspector(s) to enforce the building and housing regulations of the Township (53 P.S. § 66518); and
E. 
Whereas, by Township Ordinance No. 96-6, the Township adopted a Property Maintenance Code that followed the "BOCA National Property Maintenance Code, Fifth Edition, 1996"; and
F. 
Whereas, the Township believes that said Ordinance No. 96-6 should be repealed and replaced with an updated property maintenance code that follows "The International Property Maintenance Code, 2006 Edition"; and
G. 
Whereas, it is the intent of this article to adopt the said International Property Maintenance Code, 2006 Edition, regulating and governing the conditions and maintenance of all property, buildings and structures by, inter alia, 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 in Upper Mount Bethel Township; providing for the issuance of permits and collection of fees therefore; establishing penalties for violation of the ordinance and the enforcement of those proceedings; repealing Ordinance No. 96-6 of Upper Mount Bethel Township and all other ordinances and parts of the ordinances in conflict therewith.
H. 
Now, therefore, be it ordained and enacted and it is hereby ordained and enacted by the Board of Supervisors of Upper Mount Bethel Township, Northampton County, PA as follows:
That a certain document, three copies of which are on file in the office of Upper Mount Bethel Township, being marked and designated as the International Property Maintenance Code, 2006 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Upper Mount Bethel Township, Northampton County, in the Commonwealth of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures by, inter alia, 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 the buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided, and establishing penalties for violation of the ordinance and the enforcement of those penalties; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Upper Mount Bethel Township are hereby referred to, adopted, and made a part hereof, as if fully set out in this article but with the additions and insertions prescribed in § 223-4 of this article. Further, a copy of said International Property Maintenance Code, 2006 Edition, is attached hereto as Exhibit "A" and is hereby made a part hereof.[1]
[1]
Editor's Note: Exhibit "A" is on file in the Township offices.
The following sections of the referenced International Property Maintenance Code, 2006 Edition, are hereby supplemented (or insertions placed therein) as follows:
A. 
Section 101.1. Insertion: Upper Mount Bethel Township.
B. 
Section 103.5. Insertion: The current Upper Mount Bethel Township Fee Schedule as of the date of the violation or as set by resolution by the Board of Supervisors.[1]
[1]
Editor's Note: The current Fee Schedule is on file in the Township offices.
C. 
Section 106.3 and Section 106.4. Addition: If the Township is required to prosecute any violation, the cost of such prosecution (including reasonable attorneys' fee) shall be added to the costs of the proceedings and may also be charged as a lien upon the real estate.[2]
[Amended 3-14-2022 by Ord. No. 2022-02]
(1) 
Section 106.3(a). Any person (as defined above) who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Commonwealth of Pennsylvania Rules of Criminal Procedures and as per the PA Second Class Township Code, 53 P.S. § 66601(c.1)(2), 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 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of the 2006 IPMC that is violated shall also constitute a separate offense.
(2) 
Section 106.3(b). Prior to the issuance of a summary citation, the Building Code Official (or his/her authorized agent) shall issue an enforcement notice of the violation. This notice shall follow the requirements of the PA Municipalities Planning Code, 53 P.S. § 10616.1, and provide the owner of the real estate 30 calendar days to correct the violation (unless the violation constitutes "imminent danger" as defined by Section 202, General Definitions, of the 2006 IPMC and, in that event, a summary citation may be issued immediately upon the Township's knowledge of the violation). As per the "mailbox rule," said notice shall be deemed served upon mailing of the enforcement notice to the owner(s) of record of the real estate to the address noted in the Northampton County Real Estate Tax Records. If an appeal is not timely and properly filed to the Township's Appeals Board (as per Township Ordinance No. 2007-08)[3] or if corrective action is not taken and completed within said 30 days, a summary citation may be issued.
[3]
Editor's Note: See now Art. II of this chapter.
(3) 
Section 106.3(c). The cost of prosecution (including reasonable Township attorneys' and witness fees) shall be added to the costs of prosecution and may also be charged as a lien against the real estate in question.
(4) 
Section 106.3(d). The prosecution of summary violations herein shall not be considered an exclusive remedy but cumulative and is in addition to any civil action (whether at law or in equity) that may be brought by the Township to restrain, correct or abate a violation, prevent illegal occupancy of a structure or otherwise stop an illegal act or failure to act (including the Township's right to order a demolition of the buildings and structures on the premises in question). As with the summary offenses, the costs of these proceedings (including reasonable Township attorneys' and witness fees) shall be added to the costs of and may also be charged as a lien against the real estate in question.
[2]
Editor's Note: See also Art. II, particularly § 223-19, Violations and penalties, of this chapter.
D. 
Section 111.1 and Section 111.2. Addition: The Appeals Board for Upper Mount Bethel Township shall be the Appeals Board (along with the fees and procedures) as established by the Slate Belt Council of Governments. [4]
[4]
Editor's Note: See now Art. II of this chapter.
E. 
Section 302.4. Insertion: Height 12 inches.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F. 
Section 304.10. Addition: No storage use is permitted in any of the above areas including front, rear and side porches, stairways or decks. Also, no furniture is permitted in any exterior area except furniture that is manufactured for outdoor use by the manufacturer.
G. 
Section 304.14. Insertion: January 1 through December 31.
H. 
Section 602.3. Insertion: January 1 through December 31..
I. 
Section 602.4. Insertion: January 1 through December 31.
J. 
Unlawful acts as follows:
The term "person" shall be construed as defined in the 2006 IPMC, Chapter 2, Section 202, General Definitions, but shall also include a limited-liability partnership, a limited-liability company, an association or any other entity, group or association of any kind.
[Added 3-14-2022 by Ord. No. 2022-02]
That Ordinance No. 96-6 of Upper Mount Bethel Township, entitled "Adoption of Property Maintenance Code," and all other ordinance(s) or parts of ordinances in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The Board of Supervisors hereby declares that it would have passed this article, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
That nothing in this article 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 as cited in § 223-5 of this article, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
That the Township Secretary is hereby ordered and directed to cause this article to be published and recorded as required by the Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
That this article and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect five days after the date of its final passage and adoption.
[Adopted 3-9-2020 by Ord. No. 2020-01]
A. 
Whereas, Upper Mount Bethel Township (hereinafter the "Township"), is a duly organized municipality and existing Township of the Second Class situate in Northampton County, Commonwealth of Pennsylvania, with offices located at 387 Ye Olde Highway, Mt. Bethel, PA 18343; and
B. 
Whereas, the Township (as a Second Class Township) is subject to the PA Second Class Township Code, 53 P.S. § 65101 et seq.; and
C. 
Whereas, and pursuant to said Second Class Township Code, the Township Board of Supervisors may enact and enforce codes and ordinances to govern and regulate, inter alia, the repair and maintenance of buildings and housing designed or used for any use or occupancy. See 53 P.S. § 66517; and
D. 
Whereas, and by Chapter 223, Property Maintenance, Article I, Adoption of Standards, dated September 10, 2007, the Township adopted the 2006 Edition of the International Property Maintenance Code (hereinafter the "IPMC") regarding the care and maintenance of properties within the Township; and
E. 
Whereas, and by Township Ordinance No. 2007-08, the Township authorized the Appeals Board of the Slate Belt Council of Governments (hereinafter "COG") as the Township Appeals Board pursuant to § 223-4 of the aforesaid Chapter 223, Property Maintenance, Article I, Adoption of Standards, which adopted Section 111 (and subsections thereunder) of the IPMC; and
F. 
Whereas, the Township is no longer a member of the COG; and
G. 
Whereas, and since the Township is no longer a member of the COG, the Township must establish its own IPMC Appeals Board to act as the Township's Appeals Board under Chapter 223, Property Maintenance, Article I, Adoption of Standards, and Section 111 of the IPMC; and
H. 
Whereas, it has also been brought to the attention of the Township that the penalties and/or remedies for violations of the IPMC had not been fully specified in Chapter 223, Property Maintenance, Article I, Adoption of Standards; and
I. 
Whereas, it is the intention of this article to establish an IPMC Code Appeals Board (along with stating the qualifications for Board membership and adopting the policies and procedures for such Board) and specify the nature and extent of the penalties and remedies for a violation of said Chapter 223, Property Maintenance, Article I, Adoption of Standards.
J. 
Now therefore, be it ordained and enacted and it is hereby ordained and enacted by the Board of Supervisors of Upper Mount Bethel Township, Northampton County, PA as follows:
A Township Appeals Board (as outlined in § 223-4 of Article I of this chapter and Sections 111, and subsections thereunder, of the International Property Maintenance Code, 2006 Edition) is established and shall be the Township Appeals Board under said Article I of this chapter which adopted the International Property Maintenance Code, 2006 Edition.
The Appeals Board shall consist of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the Township.
The Appeals Board members shall be appointed by resolution of the Township Board of Supervisors and shall serve staggered and overlapping terms. Further and as outlined in IPMC Section 111.2.1, the Township Board of Supervisors may appoint two or more alternate members to the Board who possess the same qualifications as the standing Appeal Board members.
The Township Building Code Official shall be an ex-officio member of the Appeals Board but shall have no vote on any matter before the Appeals Board.
The Appeals Board shall adopt and make available to the public an application form and such policies and procedures under which a hearing shall be held, and attached hereto and marked Exhibits "A" and "B" and hereby made a part hereof are an IPMC Appeals Board Application and Hearing Policy/Procedures Outline.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As per § 223-4 of Article I of this chapter and Section 106 of the IPMC (and the subsections thereunder), any person who or entity that violates or permits a violation of Article I of this chapter and/or the IPMC 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. In addition to proceeding with a summary offense, the Township may institute any appropriate action or proceeding in any court of competent jurisdiction to enjoin, prevent, restrain, correct or abate the use of said building or housing, or to prevent any act, conduct, business or use constituting a violation of Article I of this chapter and/or the IPMC, and the penalties and remedies herein are not exclusive but are cumulative and are in addition to any other available rights or remedies at law or in equity.
The terms, conditions and provisions of this article are severable. If any such term, condition or provision of this article is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining terms, conditions or provisions of this article; and, it is hereby declared to be the intent of the Township that this article would have been adopted and enacted had such unconstitutional, illegal or invalid term, condition or provision not been included herein.
The terms, conditions and provisions of any Upper Mount Bethel Township ordinance(s) which are inconsistent herewith shall be deemed vacated and/or repealed, but any other terms, conditions and provisions of any such ordinance(s) which are not inconsistent herewith shall remain in full force and effect.