[Ord. 615, 12/6/1993; as amended by Ord. 636, 8/5/1996; by Ord. 660, 11/1/1999; by Ord.
672, 11/6/2000; by Ord. 698, 6/7/2004; by Ord. 731, 2/5/2007; by Ord. 789, 8/5/2013; by Ord. 844; and by Ord. 871, 7/5/2022]
A certain document, copies of which are on file in the office of the Borough Engineer, the office of the Borough Zoning Officer, the office of the Borough Solicitor, the Nazareth Memorial Library and the Northampton County Law Library, being marked and designated a "The International Property Maintenance Code, 2021 Edition", as published by the International Code Council, Inc., be and hereby is adopted as the Property Maintenance Code of the Borough of Nazareth in the Commonwealth of Pennsylvania; for regulating and governing the conditions and maintenance of all property, buildings and structures; by 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 as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes prescribed in §
5-202 of this Ordinance.
[Ord. 615, 12/6/1993; as amended by Ord. 636, 7/1/1996; by Ord. 660, 11/1/1999; by Ord.
672, 11/6/2000; by Ord. 698, 6/7/2004; by Ord. 701, 9/7/2004; by Ord. 731, 2/5/2007; and by Ord. 789, 8/5/2013; by Ord. 844, 3/4/2019; by Ord. 857, 7/6/2020; and by Ord. 871, 7/5/2022]
1. The International
Property Maintenance Code is amended and revised in the following
respects:
A. § 101.1. Title. These regulations shall be known as the
Property Maintenance Code of the Borough of Nazareth, hereinafter
referred to as "this Code".
B. § 103.1. Creation of Agency. The office of Code Official
is hereby created and will act as the Code Department. The function
of the Code Official shall be the implementation, administration and
enforcement of the provisions of this code.
C. § 103.2. Appointment. The Code Official shall be appointed
by Council of the Borough of Nazareth.
D. § 104.1. Fees. The fees for activities and services performed
by the department in carrying out its responsibilities under this
Code shall be paid in accordance with the fee schedule as established
from time to time by resolution of Council of the Borough of Nazareth.
E. § 108.1. Membership of Board. The board of appeals shall
be the Joint Board of Appeals of the Nazareth Council of Governments.
F. § 109.4. Violation penalties. Any person who shall violate
any provision of this Code or fail to comply therewith or with any
of the requirements thereof shall, upon conviction thereof, be subject
to a fine of not more than $1,000, and in default of payment, to imprisonment
for not more than 30 days. Every day that a violation of this Code
continues shall constitute a separate offense.
G. § 302.4. Weeds. All premises and exterior property shall
be maintained free from 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
and gardens.
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, they
shall be subject to prosecution in accordance with Section 108.3 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 by the owner or agent responsible for the property.
H. § 304.14. Insect screens. During the period from April
1 to October 1, every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged or stored,
shall be supplied with approved tightly fitting screens of not less
than 16 mesh per inch (16 mesh per 25 mm) and every screen door used
for insect control shall have a self-closing device in good working
condition.
Exception: Screens shall not be required where
other approved means, such as air curtains or inspect repellent fans,
are employed.
I. § 602.3. Heat Supply. Every owner and operator of any
building who rents, leases or lets one or more dwelling units or sleeping
units on terms, either expressed or implied, to furnish heat to the
occupants thereof shall supply heat during the period from October
1 to April 30 to maintain a temperature of not less than 68°F.
(20°C.) in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
(1) 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; and
(2) In
areas where the average monthly temperature is above 30°F. (-1°C.),
a minimum temperature of 65°F. (18°C.) shall be maintained.
J. § 602.4. Occupiable work spaces. Indoor occupiable work
spaces shall be supplied with heat during the period from October
1 to April 30 to maintain a temperature of not less than 65°F.
(18°C.) during the period the spaces are occupied.
Exceptions:
(1) Processing,
storage and operation areas that require cooling or special temperature
conditions; and
(2) Areas
in which persons are primarily engaged in vigorous physical activities.