City of Altoona, PA Property Maintenance

The Property Maintenance Code is amended and revised in the following respects:

Chapter 1. Administration.

[Amended 6-12-2013 by Ord. No. 5639; 4-11-2022 by Ord. No. 5789]

	101.1 Title. These regulations shall be known as "the Property Maintenance Code of the City of Altoona," hereinafter referred to as "this code."
	102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Residential Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, National Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the zoning and/or subdivision/land development regulations of the City of Altoona.
	103.1 General. The City of Altoona Department of Codes and Inspections (at times referred to as "Department") shall be responsible for the administration of the provision of this code.
	103.5 Fees. The fees for activities and services performed by the Department in carrying out its responsibilities under this code shall be, unless indicated otherwise, established by resolution of City Council from time to time.
	104.8 Survey inspections. Code compliance inspections conducted for the purpose of assessment of real estate for sale or transfer, survey purposes or for informational purposes not requiring the enforcement provisions of this code shall be charged a survey inspection fee. The fee shall be at the rate established by resolution of City Council from time to time.
	106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a summary 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 or termination of the unlawful occupancy of the structure in violation of the provisions of this code 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 and/or violation is located and shall be a lien upon such real estate.
	106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith or with any of the requirements thereof, shall, upon conviction thereof in a summary proceeding before a Magisterial District Judge, be sentenced to pay not less than $300 nor more than $1,000 together with the costs of prosecution and any fee or fees or be imprisoned for a period not to exceed 90 days, or both. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
	106.5 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. The Code Official is authorized to employ the necessary labor and materials to perform the required work to correct or abate a violation defined as a public nuisance after due notice has been served in accordance with Section 107 and the violation continues. The costs incurred in the performance of such work shall be paid by the jurisdiction; however, such costs shall be charged in full to the owner, occupant or person causing, permitting or maintaining the nuisance and such costs shall be a lien on the real property where the nuisance was abated or removed. The Code Official may also request the legal officer of the jurisdiction to institute appropriate action against the owner of the premises for the recovery of such costs, as such remedy is provided by general law.
	106.6 Reinspection fee. A reinspection fee shall be established by resolution of City Council from time to time and shall be assessed after due notice has been served in accordance with the terms and provisions of Section 107 and the violation, unlawful act or unsafe condition continues. Should the violation, unlawful act or unsafe condition continue past the initial reinspection, an additional reinspection fee shall be assessed on the fifth and 10th days thereafter in an amount as established by resolution of City Council from time to time. Should the violation, unlawful act or unsafe condition continue beyond the maximum number of reinspections, the Code Official shall institute the appropriate proceeding at law as provided by Section 106.3. Reinspection fees must be paid in full within 30 days.
	108.2 Closing of vacant structures. If the structure is vacant and unfit for human 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 and collected in accordance with Section 106.5. All openings are to be closed with one-half-inch exterior-grade plywood equivalent or better.
	110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged in full to the owner of such structure, and such costs shall be a lien on the real property where such structure was located. The Code Official may also request the legal officer of the jurisdiction to proceed for the recovery and collection of the claim by civil action against the owner, as such remedy is provided by general law.
	111.1 Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 10 days after the day the decision, notice or order was served. 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.
	111.2 Code Appeals Board. All appeals shall be made to the City of Altoona Code Appeals Board as established by Ordinance No. 5421, adopted March 12, 1997.
	111.3 Notice of meeting. The Board shall meet upon notice from the Chairperson within 45 days of the filing of an appeal or at stated periodic meetings.

Chapter 2. Definitions.

[Amended 11-13-2013 by Ord. No. 5646; 4-11-2022 by Ord. No. 5789]

	201.3 Terms defined in other codes. Where terms are defined in this code and are defined in the International Building Code, International Existing Building Code, International Residential Code, Pennsylvania Uniform Construction Code, International Fire Code, Zoning Code, International Plumbing Code, International Mechanical Code, ASME A17.1 or the National Electrical Code, such terms shall have the meanings ascribed to them in those codes.
	SECTION 202 GENERAL DEFINITIONS
	ABANDONED REAL PROPERTY. Any real property located in the City, whether vacant or occupied, that is in default on a mortgage, has had a lis pendens filed against it by a lender holding a mortgage on the property, is subject to an ongoing foreclosure action by a lender, is subject to an application for a tax deed or pending tax assessor's lien sale, or has been transferred to a lender under a deed in lieu of foreclosure. The designation of a property as "abandoned" shall remain in place until such time as the property is sold or transferred to a new owner, the foreclosure action has been dismissed, and any default on the mortgage has been cured.
	BLIGHTED PROPERTY.
	1.	Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; or
	2.	Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties; or
	3.	Properties cited for a public nuisance pursuant to the City Codes; or properties that endanger the public's health, safety, or welfare because the properties or improvements thereon are dilapidated, deteriorated, or violate minimum health and safety standards or lacks maintenance as required by the applicable codes.
	BOARDED. A building or structure subject to the provisions of this section shall be deemed to be "boarded" if, in place of one or more exterior doors, other than a storm door, or of one or more windows, there is a sheet or sheets of plywood or similar material covering the space for such door or window.
	CITY. The City of Altoona, Blair County, Pennsylvania.
	RESIDENTIAL RENTAL UNIT. A dwelling unit let for rent or any other than an owner-occupied residential unit or a premises or structure occupied by a person who is not the legal owner of record, regardless of familial relationship and/or regardless of whether rent is charged. A residential rental unit shall not include a hotel, motel or bed-and-breakfast. A residential rental unit shall include dwelling units under a written or unwritten lease, agreement or license or a recorded or unrecorded article of agreement or an agreement of contract for the sale of land of long-term (greater than six months) agreements of sale.
	OCCUPIED. Any building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful business or resides in all or any part of the building as the licensed business-occupant or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, nontransient basis, or any combination of the same. For purposes of this section, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the U.S. Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; a valid City business license, or the most recent federal, state, or City income tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy; or proof of pre-rental inspection.
	OPEN. A building or structure subject to the provisions of this section shall be deemed to be "open" if any one or more exterior doors other than a storm door is broken, open and/or closed shut, without a properly functioning lock to secure it, or if one or more windows is broken or not capable of being locked and secured from intrusion, or any combination of the same.
	PROPERTY MANAGEMENT COMPANY. A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
	PUBLIC NUISANCE. Includes the following:
	1.	The physical condition or occupancy of any premises regarded as a public nuisance at common law; or
	2.	Any physical conditions or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
	3.	Any premises that has unsanitary sewerage or plumbing facilities; or
	4.	Any premises designated as unsafe for human habitation; or
	5.	Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure as to endanger life, limb or property; or
	6.	Any premises from which the plumbing, heating or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; or
	7.	Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds; or
	8.	Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded, open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.
	VACANT. A building or structure shall be deemed to be vacant if no person or persons actually currently conducts a lawfully licensed business or lawfully resides or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s) or owner-occupants or tenant(s) on a permanent, nontransient basis.

Chapter 3. General Requirements.

[Amended 6-12-2013 by Ord. No. 5639]

	302.4 Weeds.
	All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight 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, he or she shall be subject to prosecution in accordance with Section 106.3 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 cost of such removal shall be paid by the owner or agent responsible for the property.
	304.14 Insect screens. During the period of May 1 to September 30, every door, window and other outside opening utilized or 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: Screen doors shall not be required where other approved means, such as air curtains or insect-repellent fans, are employed.

Chapter 6. Mechanical and Electrical Requirements.

602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either express or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 15, to maintain a temperature of not less than 65° F. (18° C.) in all habitable rooms, bathrooms, and toilet rooms.
	Exception: 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 indicated in Appendix D of the International Plumbing Code.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 15, 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.
	2.	Areas in which persons are primarily engaged in vigorous physical activities.

[1]Chapter 7. Fire Safety Requirements. Chapter 7 of the 2018 International Property Maintenance Code is not adopted in its entirety. Only the following sections of the 2018 International Property Maintenance Code are adopted and are incorporated into § 550-2E of the City of Altoona Code:

[Added 4-11-2022 by Ord. No. 5789]

(1)

Section 701, General.

(2)

Section 702, Means of Egress.

(3)

Section 704.4, Removal of or tampering with equipment.

(4)

Section 704.6, Single and multiple station smoke alarms.

(5)

Section 704.6.1.1, Group R-1.

(6)

Section 704.6.1.2, Groups R-2, R-3, R-4 and I-1.

(7)

Section 704.6.1.3, Installation near cooking appliances.

(8)

Section 704.6.1.4, Installation near bathrooms.

(9)

Section 705, Carbon Monoxide Alarms and Detectors.

[1]

Editor's Note: Former Subsections E, Chapter 9. Residential Rental Inspection and Licensing, F, Chapter 10. Annual Registration of Vacant Buildings, as amended, and G, Chapter 11. Registration of Properties in Default of Mortgage, added 11-13-2013 by Ord. No. 5646, were repealed 11-14-2018 by Ord. No. 5728.