[HISTORY: Adopted by the Borough Council of the Borough of
Old Forge 10-19-1982 by Ord. No. 7-1982; amended in its entirety 3-19-2024 by Ord. No. 2-2024. Subsequent amendments noted where applicable.]
That a certain document, copies of which are on file in the Office of the Secretary of the Borough of Old Forge, being marked and designated as the International Property Maintenance Code, 2018 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Old Forge, Lackawanna County, Commonwealth of Pennsylvania for regulating and governing the conditions of 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 on file in the Office of the Borough of Old Forge are hereby referred to, adopted, made a part hereof, as if fully set forth in this chapter, with the additions, insertions, deletions, amendments and changes, if any, as prescribed in §
247-1.1 of this chapter.
The following sections of the 2018 International Property Maintenance
Code are hereby revised:
A. Section 101.1. Insert: Borough of Old Forge.
B. Section 103.5. Insert: Fee Schedule of Borough of Old Forge, as promulgated
and periodically updated by the Council.
C. Section 108.1.5(4) Removed.
D. Section 302.4. Insert: 10 inches.
E. Section 304.1.1(4) Removed.
F. Section 304.1.1(5) Removed "of deterioration or"
G. Section 304.1.1(6) Removed "are not plumb and free from open cracks
and breaks".
H. Section 304.1.1(7) Removed "are not plumb and free from open cracks
and breaks".
I. Section 304.1.1(8) Removed "not in good repair with signs of deterioration,
fatigue or".
J. Section 304.1.1(9) Removed "that show signs of deterioration or fatigue".
K. Section 304.2. Removed "Peeling, flaking and chipped paint shall
be eliminated, and surfaces repainted. 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 watertight. Metal surfaces subject to rust or corrosion, and 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."
L. Section 304.4. Removed "maintained free from deterioration".
M. Section 304.5. Removed "shall be maintained plumb and free from open
cracks and breaks and"
N. Section 304.6. Removed "breaks, and loose or rotting materials; and
maintained weatherproof" and "to prevent deterioration".
O. Section 304.7. Removed "Roof drain age shall be adequate to prevent
dampness or deterioration in the walls or interior portion of the
structure" and "in good repair and"
P. Section 304.8. Removed "in good repair".
Q. Section 304.9. Removed "in good repair" and "Where required, all
exposed surfaces of metal or wood shall be protected from the elements
and"
R. Section 304.10. Removed "in good repair".
S. Section 304.11. Removed "and in good repair. Exposed surfaces of
metal or wood 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."
T. Section 304.12. Removed "firmly fastened and"
X. Section 304.18.1. Removed.
Y. Section 304.18.2. Removed.
Z. Section 304.18.3 Removed.
BB. Section 305.1.1.6. Removed "are not plumb and free from open cracks
and breaks".
DD. Section 305.4. Removed "and good repair."
EE. Section 305.5. Removed "and shall be maintained in good condition".
FF. Section 306.1. Removed "in good repair".
GG. Section 306.1.1.2.1. Removed.
HH. Section 305.1.1.2.5. Removed.
II. Section 305.1.1.3.1. Removed.
JJ. Section 305.1.1.3.2. Removed.
KK. Section 305.1.1.4.1. Removed.
LL. Section 305.1.1.5.1. Removed.
MM. Section 305.1.1.6.2. Removed.
NN. Section 308.3.1. Removed "one of the following: an approved mechanical
food waste grinder in each dwelling unit; an approved incinerator
unit in the structure available to the occupants in each dwelling
unit; or"
OO. Section 402.1. Removed "of approved size . . . The minimum total
glazed area for every habitable space shall be 8% of the floor area
of such room. Wherever walls or other portions of a structure face
a window of any room and such obstructions are located less than three
feet (914 mm) from the window and extend to a level above that of
the ceiling of the room, such window shall not be deemed to face directly
to the outdoors nor to a court and shall not be included as contributing
to the required minimum total window area for the room. . .the unobstructed
opening to the adjoining room shall be not less than 8% of the floor
area of the interior room or space, or not less than 25 square feet,
whichever is greater. The exterior glazing area shall be based on
the total floor area being served."
PP. Section 403.1. Removed. "The total openable area of the window in
every room shall be equal to not less than 45% of the minimum glazed
area required in Section 402.1"
UU. Section 502.1 Removed "The lavatory shall be placed in the same room
as the water closet or located in close proximity to the door leading
directly into the room in which such water closet is located."
YY. Section 504.3 Removed "deterioration or"
ZZ. Section 505.2 Removed "Shampoo basin faucets, janitor sink faucets
and other hose bibs or faucets to which hoses are attached and left
in place, shall be protected by an approved atmospheric type vacuum
breaker or an approved permanently attached hose connection vacuum
breaker."
BBB.
Section 506.2 Removed "and defects."
CCC.
Section 602.3. Insert: October 1 through March 31.
DDD.
Section 602.4. Insert: October 1 through March 31.
FFF.
Section 604.3 Removed "insufficient receptacle and lighting
outlets. . . deterioration".
GGG.
Section 605.2 Removed "Every habitable space in a dwelling shall
contain not less than two separate and remote receptacle outlets.
. . Every bathroom shall contain not less than one receptacle"
HHH.
Section 605.3 Removed "Every public hall, interior stairway,
toilet room, kitchen bathroom, laundry room, boiler room and furnace
room shall contain not less than one electric luminaire"
Any person who shall violate any provision of
this chapter or of the code hereby adopted or any provision of any
rule or regulation adopted pursuant to the authority granted by this
chapter shall, upon conviction, be punished by a fine of not more
than $1,000, plus costs of prosecution, and, in default of payment
of such fine and costs, by imprisonment for not more than 30 days,
or by both such fine and imprisonment, and each day's failure to comply
with any such provision shall constitute a separate violation.
[Added 9-17-1996 by Ord.
No. 1996-10]
The Code Enforcement Officer shall be empowered to enforce all
provisions of said code.
[Adopted 6-21-2022 by Ord. No. 7-2022]
The following words, terms, and phrases, when used in this article,
shall be defined as follows, unless context clearly indicates otherwise:
AUTHORIZED LITTER RECEPTACLE
Is a litter collection receptacle which is placed on the
public right-of-way or on public property by the Borough for use by
the public to deposit small quantities of handheld trash, but not
household or commercial waste.
COMMERCIAL VEHICLE
A motor vehicle that has a gross vehicle weight of greater
than 6,000 pounds and is primarily used for business purposes, including,
but not limited to, making service calls, transporting equipment used
in a business or in accomplishing physical work as part of a business
(such as hauling material).
DEBRIS
Any material upon the premises that is a residue of structural
demolition, or any other material that is not neatly stored, stacked,
or piled in such a manner so as not to create a nuisance or become
a harboring place or food supply for insects and rodents.
DUMPING
Includes, but is not limited to, depositing of litter, depositing
durable goods (refrigerators, washers, dryers, etc.) small appliances,
furniture, carpets, tires, vehicles, vehicle parts and automotive
products, and other such municipal waste, hazardous waste, residual
waste and construction or demolition debris on public or private property,
except as authorized by law.
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
HAZARDOUS WASTE
Any waste material or a combination of solid, liquid, semisolid,
or contained gaseous material that because of its quantity, concentration,
physical, chemical, or infectious characteristics may:
A.
Cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating illness.
B.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
HOUSEHOLD HAZARDOUS WASTE (HHW)
Waste which would be chemically or physically classified
as a hazardous waste, but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection, and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations. Such HHW materials meet one of the
following four classifications: toxic, flammable, reactive, or corrosive.
HHW consists of numerous products that are common to the average household
such as: pesticides and herbicides, cleaners, automotive products,
paints, and acids.
INDOOR FURNITURE
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
JUNKED VEHICLE
Any vehicle which presents a hazard or danger to the public
or is a public nuisance by virtue of its state or condition of disrepair.
A.
The following conditions, if present, are examples of a state
or condition of disrepair:
(1)
Rusted and/or jagged metal on or protruding from the body of
the vehicle.
(2)
Broken glass or windows on or in the vehicle.
(3)
Leaking of any fluids from the vehicle or deflated or flat tire(s).
(4)
Unsecured and/or unlocked doors, hood, or trunk.
(5)
Storage or placement of the vehicle in an unbalanced condition,
on concrete blocks, or other similar apparatus.
(6)
Harboring of rodents, insects, or other pests.
B.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also "motor
vehicle nuisance."
LITTER
Includes, but is not limited to, all waste material, garbage,
trash, i.e., wastepaper, tobacco products, wrappers, food or beverage
containers, newspapers, etc., municipal waste, human waste, domestic
animal waste, furniture or motor vehicle seats, vehicle parts, automotive
products, shopping carts, construction or demolition material, recyclable
material, and dirt, mud and yard waste that has been abandoned or
improperly discarded, deposited, or disposed.
LOCAL RESPONSIBLE AGENT
Any person residing or working within the County of Lackawanna
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
MOBILE VENDOR
A vendor or seller of food and/or goods from a vehicle or
other conveyance upon the public streets or alleys of the Borough
that does not typically remain stationary for more than approximately
10 minutes each hour.
MOTOR VEHICLE
Any type of mechanical device, capable or at one time capable
of being propelled by a motor, in which persons or property may be
transported upon public streets or highways, and including trailers
or semitrailers pulled thereby.
MOTOR VEHICLE NUISANCE
A motor vehicle with one or more of the following defects:
A.
Broken windshields, mirrors, or other glass, with sharp edges.
B.
Broken headlamps, tail lamps, bumpers, or grills with sharp
edges.
C.
Any body parts, truck, firewall, or floorboards with sharp edges
or large holes resulting from runs.
D.
Protruding sharp objects from the chassis.
E.
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harborage.
F.
One or more open tires or tubes which could permit animal harborage.
G.
Any vehicle suspended by blocks, jacks, or other such materials
in a location which may pose a danger to the public, property owners,
visitors, or residents of the property on which said vehicle is found.
H.
Any excessive fluids leaking from vehicle which may be harmful
to the public or the environment.
I.
Disassembled body or chassis parts stored in on or about the
vehicle.
J.
Vehicles that do not display a current valid license and registration.
K.
Such other defects which the Fire Department determines to be
a danger to the general public or property.
L.
Motor vehicles parked, drifted, or otherwise located which may
interfere with flow of pedestrian or automobile traffic or impede
emergency efforts.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom, or office waste,
and other material including solid, liquid, semisolid, or contained
gaseous material resulting from operation or residential, municipal,
commercial, or institutional establishments or from community activities,
and which is not classified as residual waste or hazardous waste as
defined herein. The term does not include source-separated recyclable
materials or organic waste.
NOTICE OF VIOLATION
A written document issued to a person in violation of a Borough
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
NUISANCE
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the Borough, or causes a blighting effect in Borough neighborhoods.
See also "public nuisance."
PERSON
Every natural person, firm, corporation, partnership, association,
or institution.
PLANTER STRIP
The non-concrete space in the sidewalk area filled with dirt
and/or grass.
PRIVATE PROPERTY
Any land and the improvements thereon owned by any person
and includes front, side, and rear yards; vacant lots, buildings,
and other structural improvements; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial, or commercial purposes, whether inhabited, temporary,
continuously uninhabited, or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox belonging to or
appurtenant to such dwelling, house, building, or other structure.
PUBLIC NUISANCE
Any conditions or premises which are unsafe, unsanitary or
disruptive.
PUBLIC OFFICER
Any police officer or public official designated by the municipality
to enforce the Borough ordinances.
PUBLIC RIGHT-OF-WAY
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
RECYCLABLE MATERIAL
Material which would otherwise become municipal waste, which
can be collected, separated, or processed, and returned to the economic
main-stream in the form of raw materials or products. These materials
may include, but not be limited to, aluminum cans, ferrous and bimetal
cans, glass containers, plastic bottles and containers, mixed paper,
white goods, major appliances, televisions, tires, and large auto
parts.
RESIDUAL WASTE
Any discarded material or other waste including solid, semisolid,
or contained gaseous materials resulting from construction, industrial,
mining, and agricultural operations, excluding municipal water and
sewer operations.
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, and dust and other
similar materials.
SHADE TREE
Unless otherwise specified, includes all trees, shrubs, and
woody vegetation in the public right-of-way.
SIDEWALK AREA
The public right-of-way between the property line and the
curbline or the established edge of the roadway.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
STORAGE
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal as such waste, and
it shall be presumed that the containment of any municipal waste in
excess of three months constitutes disposal.
TRACTOR OF A TRACTOR TRAILER
A truck with a minimum of three axles that is primarily intended
to pull a trailer, as defined below, and not primarily to carry goods
itself.
TRAILER OF A TRACTOR TRAILER
A commercial vehicle with a length of 20 feet or more that
is not self-propelled, that is intended to haul materials, vehicles,
goods, gases or liquids and that is intended to be pulled by a tractor,
and that is not a recreational vehicle.
TREE WELL
The nonconcrete area surrounding a shade tree planted in
a sidewalk area.
VEGETATION
Any planting that is cultivated and managed for edible or
ornamental purposes such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
VIOLATION TICKET
A form issued by a police officer or public officer to a
person who violates a provision of this article. The violation ticket
is an offer by the Borough of Old Forge extended to a person to settle
a violation by paying the fine in lieu of a citation being issued
against the violator.
WEEDS
A.
All grasses, annual plants, and vegetation which meet any of
the following criteria:
(1)
Exceed 10 inches in height.
(2)
Exhale unpleasant noxious odors or pollen such as ragweed, dandelion,
and miscellaneous other vegetation commonly referred to as weeds or
brush.
(3)
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
(4)
Encroaches onto neighboring properties by way of leaders or
roots without property owners consent.
(5)
May cause a public nuisance.
B.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes such as vegetable gardens, trees,
shrubs, flowers, etc.
YARD
An open space on the same lot with a structure.
Upon finding a quality of life violation, any public official,
as previously defined herein, may issue quality of life violation
ticket(s) to the owner and/or occupant of the property at issue or
to the individual(s) known to have violated this article.
A violation ticket shall be served upon a violator by handing
it to the violator, by handing it at the residence of the person to
be served to an adult member of the household or other person in charge
of the residence, by leaving or affixing the notice or violation ticket
to the property where the violation exists, by handing it at any office
or usual place of business of the violator, to his/her agent or to
the person for the time being in charge thereof, or by mailing the
notice to the violator's address of record.
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this article,
or of any regulation or requirement pursuant hereto and authorized
hereby shall, upon conviction before the Magisterial District Judge,
be ordered to pay a fine of not less than $300, and not more than
$1,000 on each offense, or imprisoned no more than 90 days, or both
subject to Pa.R.Crim.P. 456(c) and 42 Pa C.S.A. § 9730(b).
A separate offense under this article shall be deemed to occur for
each day for which a violation occurs. Nothing herein is intended
to impede or restrict the prosecution of any criminal offense for
any person continuing to violate the terms of this article or any
order to stop or desist from any illegal conduct or from being charged
with any separate offense under the criminal codes or otherwise.
The Magisterial District Judge may order the violator to make
restitution where appropriate, to pay the Borough's costs of collection/citation
proceedings, and to pay the Borough's reasonable attorney's fees associated
with the prosecution of the same. The reasonable attorney's fees shall
be at the rate of $125 per hour. Said sum may be amended by resolution
of the Borough from time to time.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law and it is within the discretion of the Authorized Enforcement
Agency to seek cumulative remedies.