[Ord. No. 2019-04-02, 4/22/2019[1]; as amended by Ord. No. 2022-04-01, 4/18/2022]
The 2018 International Property Maintenance Code, as published
by the International Code Council, Inc., as amended, revised, and/or
reprinted from time to time, is hereby adopted as the Property Maintenance
Code of New Britain Township; for the control and maintenance of property,
buildings, and structures as herein provided; and each and all of
the regulations, provisions, penalties, conditions and terms of said
International Property Maintenance Code are hereby referred to, adopted,
and made a part hereof, as if fully set out in this Part, with the
additions, insertions, deletions, and changes as prescribed below
in this Part.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Part 2, International Property Maintenance Code, adopted
2/8/2010 by Ord. No. 2010-02-02.
[Ord. No. 2019-04-02, 4/22/2019;
as amended by Ord. No. 2022-04-01, 4/18/2022]
1.
The following replacements, insertions, and modifications shall be
made in the 2018 International Property Maintenance Code at the places
hereinafter indicated:
A.
Subsection 101.1 Title: (page 1)
Replace "[NAME OF JURISDICTION]" with "New Britain Township."
B.
Subsection 102.3 Application of other codes: (page 1)
Modify to read as follows: "Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Pennsylvania Uniform Construction Code ("UCC"), as adopted by New Britain Township. Where the UCC does not apply, the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70 shall be followed when making repairs, additions or alterations to a structure, or changes of occupancy. Nothing in this code shall be construed to cancel, modify, or set aside any provision of Chapter 27, the New Britain Township Zoning Ordinance."
C.
Subsection 103.5 Fees: (page 2).
Modify to read as follows: "The fees for activities and services
performed by the Township in carrying out its responsibilities under
this code shall be set by resolution of the Board of Supervisors of
New Britain Township."
D.
Subsection 104.3 Right of entry: (page 2).
Modify the last sentence to read as follows: "If entry is refused,
the code official is authorized to seek an administrative warrant
to secure entry."
E.
Subsection 106.3 Prosecution of violation: (page 3).
Modify to read as follows: "Any person failing to comply with
a notice of violation or order served in accordance with Section 107
shall be deemed in violation of this case, and this violation shall
be considered a strict liability offense. If the notice or order is
not complied with, the Township may institute the appropriate proceeding
at law or in equity to restrain, correct, or abate such violation;
to impose fines and penalties for such violation; and/or to require
the removal or termination of the unlawful occupancy of the structure
or property in violation of the provisions of this code or of the
order or direction made pursuant thereto. Any action taken by the
Township shall be charged against the real estate upon which the violation
is located and shall be a lien upon such real estate."
F.
Subsection 106.4 Violation penalties: (page 3).
Modify to read as follows: "Any person who is found, by a court
of competent jurisdiction, including but not limited to a Magisterial
District Court or Court of Common Pleas, to have violated a provision
of this code; to have failed to comply with any of the requirements
of this code; or to have failed to comply with an order, directive,
or notice of the code official concerning this code shall be liable
for a civil penalty not less than $200 or more than $1,000 for each
violation, plus any and all costs incurred by the Township in bringing
an action against such violation, including but not limited to consultant
fees, attorney's fees, and expert witness fees. Each day that
a violation continues shall be deemed a separate violation."
G.
Subsection 107.1 Notice to person responsible: (page 3).
Modify to read as follows: "Whenever the code official determines
that there has been a violation of this code or has grounds to believe
that a violation has occurred, notice shall be given in the manner
prescribed in Sections 107.2 and 107.3 to the person responsible for
the violation and the owner of the premises upon which the violation
has occurred as specified in the code. Notices for condemnation procedures
shall also comply with Section 108.3."
H.
Subsection 109.5 Costs of emergency repairs: (page 6).
Modify to read as follows: "Costs incurred in the performance
of emergency work are the responsibility of the owner of the premises
where the unsafe structure is or was located. Such costs, however,
may be initially paid by the Township. The Township Solicitor may
institute the appropriate proceeding at law or in equity against the
owner of the premises where the unsafe structure is or was located
for the recovery of such costs."
I.
Subsection 111.1 Application for appeal: (page 6):
Modify to read as follows: "111.1 Application for appeal. Any person directly affected by a decision of the code official
or by a notice or order issued under this code shall have the right
to appeal such decision, notice, or order, provided that written application
on a Township-approved form is filed with the Township within 30 days
of the issuance of the decision, notice, or order being appealed from.
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."
J.
Subsection 111.2 Membership of board: (page 6):
Modify to read as follows: "111.2 Jurisdiction over appeal. Any appeal filed under Subsection 111.1 shall be heard by the New
Britain Township Building Code Board of Appeals, pursuant to and consistent
with the practices and procedures established for or by such Board
and in accordance with the Pennsylvania Local Agency Law (2 Pa.C.S.A
§ 101 et seq., as amended). The Board of Appeals shall have
exclusive jurisdiction to hear and render final adjudications on such
appeals."
K.
Subsections 111.3 through 111.6, inclusive
(page 7), and Subsection 111.8 (page 7) shall be deleted
in their entireties and marked as "Reserved."
L.
Subsection 111.7 Court review: (page 7)
Modify to read as follows: "Any person aggrieved by a Board
of Appeals decision, including the Township, may appeal this decision
to the Court of Common Pleas. Such an appeal shall be filed within
30 days of the issuance of the decision. Within 30 days of the filing
of an appeal, the Township and the owner and/or tenant of the premises
directly involved in the appeal may intervene in the appeal as of
course by filing a notice of intervention, accompanied by proof of
service of the same upon each appellant or each appellant's counsel
of record. All other intervention shall be governed by the Pennsylvania
Rules of Civil Procedure."
M.
Subsection 112.4 Failure to comply: (page 7)
Replace the phrase "a fine of not less than [AMOUNT] dollars
or more than [AMOUNT] dollars." with "a fine of not less than $100
or more than $1,000. Each day the work continues after the issuance
of the stop work order shall constitute a separate finable offense.
Such fines are in addition to any fines or penalties imposed pursuant
to Section 106 concerning the violation(s) on the premises."
N.
CODE OFFICIAL
JURISDICTION, THE
NOXIOUS WEEDS
WEEDS
Section 202 GENERAL DEFINITIONS: (page 9-10)
The following definitions shall be inserted at the appropriate
alphabetical spot into this section and shall read as follows:
The New Britain Township Code Enforcement Officer, Zoning
Officer, or other person so designated by the New Britain Township
Board of Supervisors."
New Britain Township."
Any noxious vegetation covered under and prohibited by the
Noxious Weed Control Law (3 P.S. § 255.1 et seq.), as amended,
or by regulations of the Pennsylvania or United States Departments
of Agriculture including, but not limited to, the following:
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Cirsium arvense, commonly known as Canadian Thistle.
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Rosa miltiflora, commonly known as Multiflora Rose.
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Sorghum halepense, commonly known as Johnson Grass.
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Pueraria lobata, commonly known as Kudzu Vine.
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Circium vulgare, commonly known as Bull or Spear Thistle.
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Carduus nutans, commonly known as Musk or Nodding Thistle.
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Sorghum bicolor, commonly known as Shattercane.
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Lythrum salicaria, commonly known as Purple Loosestrife (all
cultivars).
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Heracleum mantegazzianum, commonly known as Giant Hogweed.
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Galega officinalis, commonly known as Goatsrue.
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Amaranthus palmeri S. Watson, commonly known as Palmer amaranth.
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Amaranthus rudis, commonly known as common waterhemp.
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Amaranthus tuberculatus, commonly known as tall waterhemp.
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Avena sterilis L, commonly known as animated oat.
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Cuscuta spp., except for native species, commonly known as dodder.
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Hydrilla verticillate Royle, commonly known as hydrilla.
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Oplismenus hirtellus, commonly known as Wavyleaf basketgrass.
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Orobanche spp, except for native species, commonly known as
broomrape.
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Conium maculatum, commonly known as poison hemlock".
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All grasses, annual plants, and vegetation, other than trees
or shrubs; provided, however, this term shall not include cultivated
flowers and gardens."
O.
Subsection 302.4 Weeds: (page 11).
Modify first paragraph to read as follows: "All premises and
exterior property within 200 feet of any habitable structure or building
shall be maintained free from weeds in excess of six inches. This
height restriction, however, does not apply to naturalized areas,
riparian buffers, managed meadows, and other no-mow zones, as determined
by the Township. All noxious weeds shall be prohibited throughout
the entire premises and exterior property."
P.
Subsection 304.3 Premises Identification: (page 13).
Modify to read as follows: "The Township shall have final authority
as to the assignment of a street number/letter or address to each
structure or premises. Each structure or premises to which a street
number and/or letter has been assigned by the Township or if the structure
or premises is located in a private community, to which a street or
identification number/letter has been assigned by the community, shall
have the appropriate number/letter displayed in a location and size
as to be readily observed and readable from the public or private
right-of-way that provides access to the structure or premises. All
street or identification numbers and letters shall be in Arabic characters
with a minimum height of six inches and a minimum stroke width of
1/2 inch. Structures that are set back more than 50 feet from the
right-of-way providing access, or any distance where the number/letter
cannot be readily seen from the right-of-way, shall have the assigned
street or identification numbers/letters attached to a post or mailbox
placed at the end of the driveway on the same side of the road as
the structure is located. These numbers/letters shall be at least
four inches in height with a minimum stroke width of 1/2 inch and
shall be placed on both sides of the post or mailbox, at a minimum
height of three feet so as numbers/letters can be seen by vehicles
traveling from either direction. All street or identification numbers/letters
shall be illuminated when possible and shall be colored in contrast
with the background upon which the number/letter is placed. Nonresidential
structures shall have the name of the tenant/occupant, along with
the address/suite number, placed or painted on the rear entryway to
the leasehold or area of the building occupied by said entity and
shall meet the above height and width requirements of street numbers/letters.
"No street numbers shall be painted upon any public curbs, streets,
signs, posts, or sidewalks without prior written approval of the Township.
Any resident wishing to display a street address upon the public curbline
may do so only with the permission of and in accordance with instructions
provided by the Township Fire Marshal's office. All curb painting
shall be in addition to the display of numbers listed above. Any person(s)
soliciting for curb painting shall first obtain a Township soliciting
permit, as well as prior approval of the Township Fire Marshal. Commercial
contractors may be required to produce evidence of liability and worker's
compensation insurance coverage."
Q.
Subsection 304.14 Insect screens: (page 13).
Replace the phrase "During the period from [DATE] to [DATE]"
with "Where appropriate, during the period from April 1 to October
31."
R.
Subsection 602.3 Heat supply: (page 21).
Replace the phrase "during the period from [DATE] to [DATE]"
with "during the period from October 1 to April 30."
S.
Subsection 602.4 Occupiable workspaces: (page 21).
Replace the phrase "during the period from [DATE] to [DATE]"
with "during the period from October 1 to April 30."
