[HISTORY: Adopted by the Board of Supervisors
of the Township of Palmer 5-6-1968 by Ord. No. 91. Amendments noted where
applicable.]
GENERAL REFERENCES
Building Code — See Ch. 55.
Uniform construction codes — See Ch. 60.
Fire prevention — See Ch. 81.
Foreclosed and abandoned real property — See Ch. 85.
Nuisances — See Ch. 109.
One- and Two-Family Dwelling Unit Code — See
Ch. 112.
Refuse disposal — See Ch. 138.
Solid waste — See Ch. 156.
Subdivision and land development — See Ch. 165.
Weeds and visual obstructions — See Ch. 186.
Zoning — See Ch. 190.
[Amended 2-19-1973 by Ord. No. 135; 7-28-1987 by Ord. No. 221; 12-18-2000 by Ord. No.
2000-293]
The short title of this ordinance shall be the
"Palmer Township Property Maintenance Code."
[Amended 2-19-1973 by Ord. No. 135; 2-24-1976 by Ord. No. 161; 4-14-1981 by Ord. No. 186; 7-28-1987 by Ord. No. 221; 7-27-1993 by Ord. No. 253; 12-18-2000 by Ord. No. 2000-293; 12-3-2012 by Ord. No.
2012-416; 9-8-2020 by Ord. No. 2020-463; 2-21-2023 by Ord. No. 2023-476]
A.
The publication entitled "International Property Maintenance Code/2018," Chapters 1 through 8 and its errata sheets, specifically excluding Section 307, authored and published by the International Code Council in 2018, hereinafter called the "code," is hereby accepted, adopted and incorporated herein by reference in its entirety, except as may be hereinafter otherwise indicated, as the Palmer Township Property Maintenance Code.
B.
The "International Property Maintenance Code/2018"
and its errata sheets and appendixes shall be made available for inspection
by any citizen at the Palmer Township Municipal Building.
C.
As it relates to its incorporation by reference as
the applicable property maintenance code for Palmer Township, the
following information shall be inserted into the following sections
of the International Property Maintenance Code/2018:
(1)
The name of the jurisdiction for Section 101.1
shall be "Palmer Township."
(2)
The dollar amounts for Section 112.4 shall be "not
less than $100.00 or more than $1,000.00."
(3)
The maximum height of weeds or plant growth in
Section 302.4 shall be "six (6) inches."
(4)
The period for insect screens for Section 304.14
shall be from "April 1st to December 1st of each calendar year."
(5)
The period for heat supply for Section 602.3 shall
be from "October 1st to April 1st of each calendar year."
(6)
The period for heat supply in occupiable work spaces
for Section 602.4 shall be from "October 1st to April 1st of each
calendar year."
D.
As it relates to its incorporation by reference
as the applicable property maintenance code for Palmer Township, the
following sections of the International Property Maintenance Code/2018
shall be amended:
(1)
103.5 Fees. The fees for activities and services
performed by the department in carrying out its responsibilities under
this code shall be as adopted and set forth by resolution.
(2)
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, 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 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
is located and shall be a lien upon such real estate.
(3)
202 Definitions.
RUBBISH. 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, metals, mineral matter, glass, crockery vehicle
and boat parts and dust and other similar materials. This term shall
also include indoor furnishings and fixtures such as indoor furniture,
appliances, lighting fixtures, mattresses, and appliances when left
on exterior premises unless exclusively manufactured for exterior
use.
(4)
303.1 Swimming pools. Swimming pools, hot tubs,
ponds, waterholes and birdbaths shall be maintained in a clean and
sanitary condition, and in good repair and free of stagnant water.
All swimming pools shall be equipped with an operable filtration system
and be maintained to prevent the accumulation of stagnant water. If
a swimming pool is equipped with a tight-fitting cover, that cover
must be maintained to prevent the accumulation of stagnant water thereon
between April 1st through November 1st of each calendar year. Stagnant
water is any water standing for three (3) days in the absence of any
precipitation.
(5)
303.2 Enclosures. An existing pool enclosure shall
not be removed, replaced or changed in a manner that reduces its effectiveness
as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies
with ASTM F 1346 shall be exempt from the provisions of this section.
(6)
308.1 Accumulation of rubbish or garbage. Exterior
property and premises, and the interior of every structure, shall
be free from any accumulation of rubbish or garbage. All furniture,
materials and other similar products designed, built, and/or manufactured
exclusively for indoor living use shall not be placed or stored on
exterior porches, in yards or any part of an exterior property in
residential and non-residential areas. The storage or placement of
automobile car seats and other non-weather resistant materials shall
also be prohibited.
(7)
605.1 Installation. Electrical equipment, wiring
and appliances shall be properly installed and maintained in a safe
and approved manner. Portable generation systems shall not be used
in lieu of a public utility.
Exception: A portable generation system may be used during a
temporary interruption as necessary while repairs or alterations are
in progress or during a power outage of the service provider.
E.
As it relates to its incorporation by reference
as the applicable property maintenance code for Palmer Township, the
following sections shall be added to the International Property Maintenance
Code/2018:
(1)
104.2.1 Inspection requirements. All
properties which undergo a change of occupancy, tenancy or use group
of any structure shall be inspected for the purposes of ascertaining
compliance with the Township Codes.
Exceptions: One- and two-family dwellings and Residential Group
R occupancies (as defined in the 2018 International Building Code).
(2)
Section 202 shall hereby include the following
definitions:
(a)
BIRD FEEDER. A container, receptacle
or apparatus designed for the feeding of songbirds or other backyard
birds.
(b)
CONSTRUCTION EQUIPMENT. Any
equipment or device designed and intended for use in construction
or material handling including but not limited to air compressors,
air tracks, pile drivers, pneumatic or hydraulic tools, bulldozers,
tractors, excavators, trenchers, forklifts, cranes, loaders, backhoes,
scrapers, pavers, generators, off-highway haulers or trucks, ditchers,
compactors and rollers, pumps, concrete mixers, graders and other
material handling equipment.
(c)
FEED. To give, place, expose,
deposit, distribute or scatter any edible material which can be utilized
for consumption by wild animals. Feeding does not include baiting
for the legal taking of fish and/or game.
(d)
MOTOR VEHICLE. A vehicle which
is self-propelled except an electric personal assistive mobility device
or a vehicle which is propelled solely by human power.
(e)
RECREATIONAL VEHICLE OR UNIT. A vehicle or piece of equipment, whether self-powered or designed
to be pulled or carried, intended primarily for leisure time or recreational
use. Recreational vehicles include travel trailers, truck-mounted
campers, motor homes, folding tent campers and automobiles, buses
or trucks adapted for vacation use, snowmobiles, mini-bikes, all-terrain
vehicles, go-cart, golf carts, personal watercrafts, boats, boat trailers,
and other vehicles not suitable for daily conventional family transportation
on Township roads, streets and highways.
(f)
TRAILER. A vehicle without propelling
power designed to be drawn by a motor vehicle.
(g)
WILD ANIMAL. Any animal, which
is not normally domesticated in this state, including but not limited
to coyotes, deer, feral cats, foxes, groundhogs, squirrels, chipmunks,
mice, rats, rabbits, opossums, raccoons, skunks, and waterfowl.
(3)
301.2.1. Where properties abut a public right-of-way,
the abutting property owner shall be responsible for the maintenance
of the area between their property line and the cartway, including
the curb, the sidewalk and grass areas between the curb and the property
line. Where properties abut an unopened way or street, the abutting
property owner shall be responsible for the maintenance of one-half
the width of such unopened way or street.
(4)
302.8.1 Parking of motor vehicles, recreational
vehicles or units and trailers. Motor vehicles, recreational
vehicles or units, trailers and similar shall not be parked, kept
or stored on grass, dirt or any other surface except paved, concrete
or approved stone areas.
Exception: Recreational vehicles or units and trailers
may be parked, kept or stored on other surfaces approved by the authority
having jurisdiction.
(5)
302.10 Construction machinery, equipment
and materials. Except where permitted by other township ordinances,
construction machinery, equipment and/or materials shall not be parked,
kept or stored on exterior property and premises.
Exception: Construction equipment, machinery and/or
materials temporarily kept for and during the improvement of the lot
or structure.
(6)
302.11 Feeding of wild animals prohibited. No person shall purposely or knowingly, feed or in any manner provide
access to food to any wild animal. Feeding of songbirds and other
backyard birds, not including waterfowl, shall be permitted outdoors
at such times and in such a manner that:
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1.
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The feeding does not create an unreasonable disturbance with
wildlife;
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2.
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Any feed must be placed within a bird feeder and such bird feeder
elevated at least four feet above ground.
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3.
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Bird feeders are placed where wildlife other than songbirds
and backyard birds are unable to eat from them and do not become an
attractant for wild animals.
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F.
Pursuant to Section 103.2 of the International Property
Maintenance Code/2018, the "Code Officials" appointed by the Board
of Supervisors of Palmer Township charged with the responsibility
of overseeing the enforcement of property maintenance in Palmer Township
shall be Palmer Township's Fire Commissioner/Emergency Management
Director and appointed deputies, Palmer Township's Code Enforcement
Officers and/or Palmer Township's Zoning Officer.
All ordinances and parts of ordinances inconsistent
herewith are hereby repealed.
The provisions of this ordinance are severable.
If any sentence, clause or section of this ordinance, including the
code, 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 provisions, sentences, clauses or sections
of this ordinance, including the code. It is hereby declared to be
the intent of the Board of Supervisors of Palmer Township that this
ordinance would have been adopted had such unconstitutional, illegal
or invalid sentence, clause or section not been included herein or
in the code.
[Amended 10-25-1988 by Ord. No. 227]
A.
Any owner, general agent or building contractor or
subcontractor who violates any of the provisions of this ordinance,
and the lessee or tenant of the entire building or entire premises
where such violation has been committed or shall exist, and the owner,
general agent, building contractor or subcontractor or any other person,
firm or corporation who knowingly commits, takes part or assists in
any such violation, shall be liable, upon conviction before any Alderman
or Justice of the Peace, to pay a fine or penalty to the Township,
and for the use of the Township, in an amount not to exceed $1,000
or, in default of payment, to be sentenced to imprisonment in the
county prison for a period not exceeding 30 days.
B.
Each day of violation of the particular code or ordinance
applicable shall be considered a separate offense, for which the fines
and penalties stated herein may be imposed on a daily basis.
