This chapter shall be known as the Property Maintenance Code of Douglass Township (hereinafter referred to as "this chapter").
[HISTORY: Adopted by the Board of Supervisors of the Township of Douglass 3-4-2013 by Ord. No. 2013-01. Amendments noted where applicable.]
A.
Douglass Township is a Second Class Township, which presently possesses diverse land uses, including a developed Main Street with commercial establishments, various areas of high density, residential development, as well as any farming/agricultural and rural areas.
B.
In recent years, Douglass Township has been experiencing growth, resulting in more residential and/or suburban neighborhood areas with a greater concentration of residents.
C.
To date, Douglass Township has not enacted formal regulations addressing maintenance for existing structures and buildings and exterior areas surrounding such buildings and structures.
D.
The Board of Supervisors recognizes and understands the diversity within the Township with respect to density of population and land uses and wishes to enact an ordinance to establish minimum standards governing the condition and maintenance of all structures and dwellings.
E.
The Board of Supervisors further recognizes and understands that such diversity with respect to density and land use would warrant differing regulations and standards for exterior premises in certain portions of the Township.
F.
The Board of Supervisors finds that the agricultural character of many undeveloped areas of Douglass Township would not necessarily be subject to the same degree of regulation as more highly developed residential portions of the Township.
G.
The Douglass Township Board of Supervisors finds that it is in the public's best interest to enact an ordinance to establish minimum acceptable standards for the maintenance of buildings, structures, as well as, exterior portions of premises within the Township.
The provisions of this chapter shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for sanitation, protection from elements, life safety, and other hazards, and for safety and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for the administration, enforcement and penalties. However, except as specifically referenced to the contrary, the provisions of this chapter shall not apply to the following premises:
A.
Lots larger than one acre in size, which are located in the R-1, Agricultural Residential Zoning District and R-1A, Agricultural Residential District, as defined by Chapter 265, Zoning, in effect on the date of adoption of this Property Maintenance Code, so long as the uses on such lots/parcels are permitted by right in those Districts; or
B.
Premises less than one acre but larger than 0.75 acres, provided that all contiguous parcels or tracts of land are larger than 0.75 acres and such parcels are not used exclusively for residential purposes.
The provisions in this chapter shall not be construed to abolish or impair existing remedies of Douglass Township, or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe or unsanitary.
Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this chapter shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the following meanings:
The officials who are charged with the administration and enforcement of this chapter, or any duly authorized representative, including the Code Enforcement Officer, the Fire Marshal, the Zoning Officer, the Building Code Official (BCO), or police officers.
To adjudge unfit for occupancy.
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
A condition which could cause serious or life-threatening injury or death at any time.
The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
A vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
The purpose for which a building or portion thereof is utilized or occupied.
Any individual living or sleeping in a building, or having possession of a space within a building.
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
An individual, corporation, partnership or any other group acting as a unit.
A lot, plot or parcel of land, easement or public way, including any structures thereon.
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, plastics, metals, mineral matter, glass, crockery and dust and other similar materials.
That which is built or constructed or a portion thereof.
A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
An open space on the same lot with a structure.
A.
Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
B.
Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this chapter. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit are responsible for keeping in a clean and sanitary and safe condition the premises which they occupy and control.
C.
Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
A.
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
C.
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, driveway aprons, depressed curbs, parking spaces and similar areas located in areas accessible to the general public shall be kept in a proper state of repair, and maintained free from hazardous conditions. Removal of snow and ice shall be governed by the requirements of Chapter 226, Streets and Sidewalks, Article II, Snow and Ice Removal, of the Douglass Township Code.
D.
Weeds.
(1)
Except for areas in or around approved stormwater retention/detention facilities and/or natural or man-made buffering areas required by Chapter 230, Subdivision and Land Development, or Chapter 265, Zoning, all premises and exterior property shall be maintained free of weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers, gardens, or crops.
(2)
Exception. For properties with agricultural uses or with preserved open space, the height requirement for weed and plant growth shall apply to areas within 30 feet of any structure and within the front, rear, and side yard setbacks of the property, and along any public or private street or road right-of-way.
(3)
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice violation, they shall be subject to prosecution in accordance with § 196-14 of this chapter and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid to the Township by the owner or agent responsible for the property, together with a penalty of 10% of the cost thereof, such costs to be collected by the Township from such owner or agent in the manner provided by law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
F.
Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
G.
Motor vehicles.
(1)
Subject to compliance with applicable regulations contained in Chapter 170, Nuisances, Article II, Junked and Other Vehicle Nuisances, of the Douglass Township Code, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
(2)
Exception. A vehicle of any type is permitted to undergo major overhaul, including bodywork, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
A.
General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety and welfare.
B.
Protective treatment. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, metal roofs, decks and fences, 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. Peeling, flaking and chipped paint 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 water tight. All metal surfaces, including roofs, 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.
C.
Premises identification. Buildings shall have approved address numbers in accordance with the standards found in Chapter 99, Building Identification.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads.
E.
Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
F.
Exterior walls. All exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
G.
Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
H.
Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
I.
Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
J.
Chimneys and towers. All chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of wood, metal, masonry, brick or stucco shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
When a structure is found by the Code Official to be unsafe and when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this chapter. This section shall apply to premises in all districts, regardless of lot size, notwithstanding the limitation described in § 196-3, Scope, above.
A.
Unsafe structures; general. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
B.
Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin- or rat -infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
C.
Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this chapter, or was erected, altered or occupied contrary to law.
D.
Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
E.
Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 196-12.
F.
Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of penalties provided for occupying the premises, operating the equipment or removing the placard.
G.
Placard removal. The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by this chapter.
H.
Prohibited occupancy. Any occupied structure condemned and placarded by the Code Official shall be vacated as ordered by the Code Official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this chapter.
A.
Notice to person responsible. Whenever the Code Official determines that there has been a violation of this chapter or grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in this section to the person responsible for the violation of this chapter.
B.
Form. Such notice prescribed in § 196-12A above shall be in accordance with all of the following:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient for identification;
(3)
Include a statement of the violation or violations and why the notice is being issued;
(4)
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this chapter;
(5)
Inform the property owner of the right to appeal;
C.
Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
A.
Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this chapter shall have the right to appeal to the Board of Supervisors provided that a written request for appeal is filed within 10 days after the date of the decision, notice or order was served. An application for appeal shall be based upon a claim that the true intention of this chapter has been incorrectly interpreted, the provisions of the chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means.
B.
Hearing. The hearing shall be held by the Board of Supervisors within 30 days after the date the application for appeal was filed, unless postponed for sufficient cause. All hearings before the Board of Supervisors shall be open to the public.
C.
Board decision. Within 30 days after such hearing, the Board of Supervisors shall sustain, modify or overrule the action of the Code Official, which action shall occur by a majority vote of the Board of Supervisors.
A.
Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this chapter.
B.
Notice of violation. The Code Official shall serve a notice of violation or order in accordance with § 196-12 above.
C.
Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 196-12 above shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal of termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien placed upon such real estate.
D.
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge 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 thereof, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues shall constitute a separate and distinct offense.
[Amended 10-17-2016 by Ord. No. 2016-05]
E.
Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
Should any section, paragraph, sentence, clause, phrase or wording of this chapter be declared unconstitutional or invalid for any reason, the remainder of the ordinance shall not be affected thereby and shall remain in full force and effect, and for this reason, the provisions of this chapter shall be severable.
All ordinances or parts of ordinances that are in conflict or inconsistent with this chapter are hereby repealed.
This chapter shall take effect five days after enactment.