The Township hereby adopts the International Property Maintenance Code, 2009 Edition, as published by the International Code Council, Inc., as the Property Maintenance Code of Marshall Township 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 occupation 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 teams of said Property Maintenance Code on file in the Township Office 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 § 152-2 of this Chapter.
[HISTORY: Adopted by the Board of Supervisors of the Township of Marshall 7-12-2010 by Ord. No. 402. Amendments noted where applicable.]
[Amended 3-4-2019 by Ord. No. 466]
The following sections and subsections of the 2009 International Property Maintenance Code are hereby added, inserted, deleted, restated or changed as set forth below.
A.
Section 101.1: § 101.1 is amended by inserting "Marshall Township" in the space provided.
B.
Section 102.3: § 102.3 is restated as follows:
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 Chapter 52, of the Marshall Township Code of Ordinances, Construction Code, as amended. Nothing in this code shall be construed to cancel, modify or set aside any provisions of Chapter 208 of the Marshall Township Code of Ordinances, Zoning, as amended.
C.
Section 103: § 103 is amended by changing the title of the Section to "Department of Code Administration/Building Inspection."
D.
Section 103.1: § 103.1 is restated as follows:
103.1 General. The Department of Code Administration/Building Inspection is hereby created by the Township Board of Supervisors and is charged with the implementation, administration and enforcement of the provisions of this code.
E.
Section 103.2: § 103.2 is restated as follows:
103.2 Appointment. The Township Board of Supervisors shall appoint a Code Official/Building Inspector who shall be in charge of the Department of Code Administration/ Building Inspection. For the purposes of this code, the Code Official/Building Inspector shall also be referred to as the "Code Official." The Township Board of Supervisors may appoint and contract with outside persons and entities to serve as subcontractors for the performance of such portions of the inspection or other duties of the Code Official as the Township Board of Supervisors may deem appropriate.
F.
Section 103.5: § 103.5 is restated as follows:
103.5 Fees. The fees for applications and permits referenced in this code and for the activities and services performed by the code official in carrying out his/her responsibilities under this code shall be established, from time to time, by resolution of the Township Board of Supervisors.
G.
Section 106.3: § 106.3 is amended by restating the last sentence of the Section as follows: "Any action taken by the Township in the prosecution of a violation of this code and any costs incurred by the Township related thereto shall be charged against the real estate upon which the violation exists and shall be a municipal lien upon such real estate."
H.
Section 106.4: § 106.4 is restated as follows:
106.4 Violation penalties. Any person, firm or corporation who shall violate any provision of this code, or fails to comply therewith, or with any of the requirements thereof, upon conviction thereof in an action brought before the district magistrate judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $300 nor more than $1,000 plus costs, including reasonable attorney fees incurred by the Township, and to imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of the code found to have been violated. The Township may also commence appropriate actions in equity, at law or otherwise to prevent, restrain, correct, enjoin, or abate violations of this code. All fines and penalties collected for violation of this code shall be paid to the Township Treasurer. The initial determination of ordinance violation and the service of notice of violation are hereby delegated to the Township Manager, the Police Chief, the Code Official/Building Inspector, the Code Enforcement Officer, the Zoning Officer and their designees and to any other officer or agent that the Township Manager or the Township Board of Supervisors shall deem appropriate.
I.
Section 111: § 111, Means of Appeals, is deleted in its entirety and restated as follows:
SECTION 111
MEANS OF APPEAL
111.1 Application for appeal. Any applicant or person aggrieved by a decision of the code official or a notice or order issued under this code shall have the right of appeal to the Marshall Township Board of Appeals provided that a written application for an appeal is filed within 10 days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of the Township Board of Supervisors. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder has 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 Public hearing. A public hearing on the appeal shall commence before the Marshall Township Board of Appeals within 60 days of the filing of an appeal, unless the appellant agrees in writing to an extension of time. Notice of the public hearing shall be advertised in accordance with the requirements of the Pennsylvania Sunshine Act, 65 Pa. C.S.A. § 701 et seq.
111.3 Hearing procedures. All hearings before the Marshall Township Board of Appeals under this Section shall be open to the public. The appellant, the appellant's representative, the Township's representative and any applicant or person aggrieved pursuant to § 111.1 above shall be given the opportunity to be heard. The Chair of the Marshall Township Board of Appeals, or its counsel, shall have the power and duty to direct the meeting, rule upon the acceptance of evidence and oversee the record of all proceedings. These hearing procedures shall not require compliance with the strict rules of evidence, but shall mandate that only relevant information be received. The Marshall Township Board of Appeals may adopt additional procedures for the conduct of a public hearing under this Section.
111.4 Board decision. The Marshall Township Board of Appeals shall render a decision within 45 days after the last hearing before the Marshall Township Board of Appeals. Where the appeal is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefore. Conclusions based on any provisions of this Chapter, or any other statute, law, ordinance, rule or regulation, shall contain a reference to the provisions relied on. A copy of the final written decision shall be delivered to the appellant and code official personally or mailed to them.
111.5 Stays of enforcement. Appeals of notices and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by, and a decision is rendered by, the Marshall Township Board of Appeals.
J.
Section 112.4: § 112.4 is restated as follows:
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be considered to be in violation of this code and subject to the violation penalties under § 52-6 of this code.
K.
Section 201.3: § 201.3 is amended by deleting the reference to the "International Zoning Code" in the Section.
L. JUNK VEHICLE
Section 202: § 202 is amended by adding the following definition:
Any vehicle which is without a currently valid license plate or State registration and/or is in a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative, or abandoned condition, and/or for which the certificate of title has been returned to the Pennsylvania Department of Transportation in accordance with the provision of the State Vehicle Code, and/or which by its appearance is unsightly and not in repairable condition, and/or which had been declared abandoned according to the provisions of the State Vehicle Code. Where a certificate of junk has been issued by the Pennsylvania Department of Transportation, such certificate shall be conclusive evidence that the subject vehicle is a junk vehicle; however, where no such certificate has been issued or applied for, the failure to have the vehicle licensed shall be prima facie evidence that the subject vehicle is a junk vehicle.
M.
Section 301: § 301 is amended by inserting Section 301.4 as follows:
301.4 Lead-based paint. Lead-based paint with a lead content of more than 0.5% shall not be applied to any interior or exterior surface of a dwelling, dwelling unit or child care facility, including fences and outbuildings at these locations. Existing interior and exterior painted surfaces of dwelling units and child care facilities that contain lead paint with a lead content of more than 0.5% shall be removed or covered with paneling or other suitable covering approved by the code official.
N.
Section 302.4: § 302.4 is amended by restating the first paragraph of the Section as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches and shall be landscaped so as to have either grass or other form of approved ground cover, growing or artificial or maintained in its natural state. 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.
O.
Section 302.8: § 302.8 is amended by adding the following sentences at the end of the first paragraph: "No junk vehicle shall be stored outside any private or public property, including vacant lots, streets or alleys in the Township."
P.
Section 309.14: § 304.14 is amended by inserting "June 1 to September 30" in the space provided.
Q.
Section 602.3: § 602.3 is amended by inserting "October 1 to May 1" in the space provided.
R.
Section 602.4: § 602.4 is amended by inserting "October 1 to May 1" in the space provided.
When the provisions of this Chapter are in conflict with other sections of the Marshall Township Code of Ordinances or any other ordinances of the Township or any other applicable codes, the more stringent code, ordinance, or regulation shall apply.