[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Allen 6-7-2004 by Ord. No. 585.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 189, Property Maintenance, of the 1993 Code, adopted 6-21-2001 by Ord. No. 548.
[Amended 5-20-2015 by Ord. No. 737; 4-21-2021 by Ord. No. 808]
A certain document, a copy of which is on file in the office of the Manager of Upper Allen Township at the Municipal Building, 100 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania, being marked and designated as the "International Property Maintenance Code, 2015 Edition," as amended, as published by the International Code Council, be and it hereby is adopted as the Property Maintenance Code of the Township of Upper Allen, Cumberland County, Pennsylvania, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 189-5 of this chapter.
[Amended 5-20-2015 by Ord. No. 737]
Township Ordinance Nos. 187, 439, 478, 508, 539, 548 and 585, and any amendments thereto, and all other existing ordinances or parts of ordinances in conflict herewith be and are hereby repealed; provided that ordinances or those parts of same not expressly named in this section which impose specifications or requirements more restrictive than adopted hereby shall not be considered in conflict with this chapter.
The Code Official (as defined in the Property Maintenance Code) may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other officials of the municipality.
A. 
Wherever the term "appointing authority" is used in the Property Maintenance Code as adopted, it shall be held to mean the Board of Commissioners of Upper Allen Township.
B. 
Wherever the term "building" or "structure" is used in the Property Maintenance Code as adopted, it shall be held to mean all buildings and structures within the Township.
C. 
Wherever the term "date of adoption of this code" is used in the Property Maintenance Code as adopted, it shall be held to mean the date of enactment of this chapter.
D. 
Wherever the term "legal representative" or "legal official" is used in the Property Maintenance Code as adopted, it shall be held to mean the Solicitor of the Township.
E. 
Wherever the word "municipality" or term "name of jurisdiction" is used in the Property Maintenance Code as adopted, it shall be held to mean the Township.
[Amended 5-20-2015 by Ord. No. 737;[1] 4-21-2021 by Ord. No. 808; 3-5-2025 by Ord. No. 844]
The following sections of the International Property Maintenance Code are hereby revised as follows:
A. 
Section 101.0, entitled "General" is hereby amended as follows:
101.1 Title. These regulations shall be known as the “Property Maintenance Code” of Upper Allen Township, hereinafter referred to as “the Code.”
B. 
A new Section 101.5, shall be added, following Section 101.4, and shall read as follows:
101.5 Other regulations. When the provisions herein specified are more restrictive than specifications or requirements of other regulations or ordinances, this code shall control; but in any case, the strictest requirements of either this code or other regulations or ordinances shall apply whenever a difference exists. Violation of such other regulation or ordinance shall be considered a violation of this code and, at the option of the Township, the enforcement provisions, (including penalties and fines) of this code may be applied in lieu of enforcement provisions, if any, provided for in such other regulation or ordinance. Notwithstanding the above, this code shall not control if this code is identified by name and its application is expressly restricted by such other ordinance or regulation by provisions referenced in such other ordinance or regulation or by provision of this code or ordinance.
C. 
Section 103, entitled "Department of Property Maintenance Inspection" is hereby amended as follows:
103.5 Fees. The fees for property maintenance work performed by staff charged with the administration and enforcement of this code shall be as indicated in the Fee Schedule set by the resolution of the appointing authority establishing such fees, which may be amended from time to time by said appointing authority.
D. 
Section 104.1 of said code is hereby amended as follows:
104.1 General. The Code Official or other designee authorized by the appointing authority shall enforce all of the provisions of this code.
E. 
Section 106.4 of said code is hereby amended as follows:
106.4 Violation penalties. Any person(s) who shall violate any of the provisions of this code or who shall fail to comply with any order issued pursuant to any section thereof, shall be guilty of a violation of this code and, upon conviction thereof before any Magisterial District Judge of the Township or other court having jurisdiction over the same, shall be sentenced to pay a fine of not more than $1,000 and costs of prosecution for each offense and, in default of payment of such fine and costs, to imprisonment in the county jail for not more than 30 days. The owner of a building or structure or portion thereof or of the premises where anything in violation of this code shall be placed or shall exist and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall each be guilty of a separate offense and, upon conviction thereof before any Magisterial District Judge of the Township or other court having jurisdiction over the same, shall be sentenced to pay a fine of not more than $1,000 and costs of prosecution for each offense and, in default of payment thereof, to imprisonment in the county jail for not more than 30 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
F. 
Section 111.1 of said code is hereby amended as follows:
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 20 days after the day of decision, notice or order was served. The appeal shall be upon such form as the Board of Commissioners of Upper Allen Township shall prescribe, shall be filed in duplicate and shall be filed with the Township Code Official. The parties to the appeal shall be the person filing the appeal, the owner and the Codes Office.
G. 
Section 111.2 of said code is hereby amended as follows:
111.2 Membership of the Board. The Board of Appeals shall consist of the Commissioners of Upper Allen Township. The Board of Appeals may engage the services of such professionals and disciplines as it shall deem necessary.
H. 
Section 111.4 of said code is hereby amended as follows:
111.4 Hearing. The Board of Appeals shall hold a public hearing within 30 days after the appeal is filed. Unless a party requests a stenographically recorded hearing not less than five days before the hearing, the testimony will be tape-recorded. If a stenographically recorded hearing is requested, the party making the request shall pay the cost thereof.
I. 
Section 111.5 of said code is hereby amended as follows:
111.5 Evidence. The Board of Appeals shall not be bound by technical rules of evidence, and all relevant evidence of reasonable probative value may be permitted. Reasonable examination and cross-examination shall be permitted.
J. 
Section 111.6 of said code is hereby amended as follows:
111.6 Adjudication. The Board of Appeals shall, in every case, reach a decision within 30 days after the hearing is continued, within 30 days after the continued hearing. Failure to render a decision within 30 days after the continued hearing shall not be deemed approval in favor of appellant. Every decision shall be in writing and shall contain findings and the reason for the adjudication. Every decision shall be filed in the office of the Building Official and shall be open to public inspection. A certified copy of the decision shall be served upon all parties or their counsel personally or by mail not later than 15 days following the decision.
K. 
Section 111.7 of said code is hereby amended as follows:
111.7 Court review. Any person aggrieved by an adjudication who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedures).
L. 
Section 302.4 of said Code is hereby amended in part to read as follows:
302.4 Weeds. All premises and exterior property within any districts shall be maintained free from weeds or weed growth in excess of 10 inches. All noxious plants shall be prohibited. “Weeds” shall be defined as all grasses and vegetation, other than trees, shrubs or vegetation that is edible, provided, however, this term shall not include farm fields, cultivated flowers and gardens. The provisions of this section shall be applicable to land that is located 200 feet or less from any building or structure available for use for human occupancy. In addition, the following shall be declared to be a detriment to the environment of Upper Allen Township:
302.4.1. Trees, shrubs or other vegetation whose limbs or parts thereof project into a public right-of-way, thereby interfering with the normal use of said right-of-way. No tree, shrub, or other vegetation, or parts thereof, shall project into any public sidewalk or walkway at a height of less than seven feet and at a height of no less than 14 feet into any public roadway or other public right-of-way.
M. 
Section 302.8 of said Code is hereby amended in part to include a new subsection 302.8.1. as follows:
302.8. Motor vehicles.
(language shall remain the same, including the exception)
302.8.1. Prohibited parking. No parking of any vehicle is permitted in or on any grass, grass areas, walkways, or trails.
N. 
Section 304.14 of said code is hereby amended as follows:
304.14 Insect screens. At all times, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing 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 than 16 mesh per inch, and every swinging door 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.
O. 
Section 602.2 of said code is hereby amended as follows:
602.2 Residential occupancies. Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of 68° F. (20° C.) at a level of three feet (914 mm) above the floor and a distance of three feet (914 mm) from the exterior walls in all habitable rooms, bathrooms and toilet rooms based on the outside design temperature required for the locality indicated in Appendix D of the International Plumbing Code, 2003 Edition.
P. 
Section PM 602.3 of said code is hereby amended as follows:
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 guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from 1 October to 31 March to maintain the room temperatures specified in Section 602.2 during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 65° F. (18° C.) during other hours. The temperature shall be measured at a point three feet (914 mm) above the floor and three feet (914 mm) from the exterior walls.
Exception: When the outdoor temperature is below the outdoor design temperature required for the locality by Appendix D of the International Plumbing Code 2003, the owner or operator shall not be required to maintain the minimum room temperatures, provided that the heating system is operating at full capacity, with supply valves and dampers in a full open position.
Q. 
Section 602.4 of said code is hereby amended as follows:
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with sufficient heat during the period from 1 October to 31 March to maintain a temperature of not less than 65° F. (18° C.) during the period the spaces are occupied. The temperature shall be measured at a point three feet (914 mm) above the floor and three feet (914 mm) from the exterior walls.
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]
Editor's Note: Pursuant to this ordinance, former Subsections F through J were redesignated as Subsections L through P, respectively.