[HISTORY: Adopted by the Borough Council of the Borough of Souderton 11-7-2016 by Ord. No. 728. Amendments noted where applicable.]
[Amended 9-3-2024 by Ord. No. 808]
The "ICC 2021 International Property Maintenance Code," as published by the International Code Council, Inc., be and is hereby adopted as the Existing Structures Code of the Borough of Souderton, Montgomery County, Commonwealth of Pennsylvania; for the control of buildings and structures as herein provided; and each and all of the regulations, penalties, conditions and terms of said "ICC 2021 International Property Maintenance Code" are hereby adopted and made a part hereof, as if fully set out in this chapter with the additional, insertions, deletions and changes, if any, as set forth in § 471-2 of this chapter.
[Amended 9-3-2024 by Ord. No. 808; 12-1-2025 by Ord. No. 816]
A. 
Section PM 101.1 (page 1-1, fourth line): Insert "the Borough of Souderton."
B. 
Section PM 103.1 (page 1-2, first line): Insert "the Souderton Borough Planning and Codes Department."
C. 
Section PM 104.1 (page 1-2): Insert "Fees for activities and services performed by the Code Enforcement Officer in carrying out the responsibilities under this code shall be established from time to time by separate resolution of Souderton Borough Council.
D. 
Section PM 202 General Definitions (page 2-1) shall be amended to add the following:
(1) 
The terms "Junk," "trash," and "debris" are used synonymously, and each as herein used shall include, without limitation, the following: Automobiles on private property that are unregistered, unlicensed, inoperable and that would otherwise fit the definition of an abandoned vehicle under the Pennsylvania Motor Vehicle Code, used articles or used pieces of iron, scrap metal, automobile parts or automobile body parts, automobile engines, engine parts, mechanical parts of machinery, discarded or unserviceable boats or boat trailers, discarded or non-serviceable trailers, campers or parts of campers non-serviceable or derelict mobile homes, sheds or parts of the same. Discarded lawn mowers, lawn tractors or parts therefrom, non-serviceable swimming pools or parts therefrom, used tires, furniture, appliances, used lumber or building materials or any article which can attract or crate a harborage for vermin or insects. Lawn, tree and garden waste which may form a harborage for insects or vermin. Ashes, garbage, industrial by-products or waste, construction debris or waste, empty cans, food containers, bottles, crockery, utensils of any kind, boxes, barrels and/or all other articles customarily considered trash or junk which is not properly or safely kept inside a building and can be seen from any other location.
(2) 
The term "private premises" shall mean any lot or parcel of land owned or occupied by a person, whether or not improved with any dwelling, house, building, or other structure, whether inhabited or temporarily or continuously uninhabited or vacant.
(3) 
Residential properties shall include all single-family and multifamily homes except those whose trash removal is provided in a common container generally referred to as a "dumpster."
(4) 
The term "person" as used shall include any person, firm or corporation or other legal entity.
(5) 
The term "receptacle" shall refer to any container designed for and used for the collection and temporary storage of garbage, debris, recyclable materials or other waste products while awaiting regularly scheduled removal or removal within 14 days from the deposit of any article within the container.
E. 
Section PM 302 Exterior Property Areas (Page 3-2) shall be amended to add new Sections 302.10 and Sections 302.11 with the following additional regulations:
(1) 
Section 302.10 Porch and Deck Furniture. Furniture placed on a porch or deck shall be constructed and manufactured for the specific purpose of exterior use. It shall be unlawful to situate typical interior living furniture on exterior porches and desks.
(2) 
Section 302.11 Vehicle Parking on Lawn Surfaces. Vehicles must be parked on stone or paved parking surfaces. Vehicles shall not be parked or stored on lawn surfaces.
F. 
Section PM 302.4 (page 3-1, third line): Insert "six inches."
G. 
Section 308 Rubbish and Garbage (page 3-5) shall be amended to add a new Section 308.4 with the following additional regulations:
(1) 
Section 308.4 Additional Regulations regarding Rubbish and Garbage. It shall be unlawful for any person to accumulate, place, store or allow the accumulation, placement or storage of any junk, trash, recyclable materials or debris visible on any premises within the Borough of Souderton. Each person, as defined by this code that creates, possesses or holds any item or items subject to this code shall have an affirmative responsibility to have those items removed and lawfully disposed of. All items subject to this code, with the exception of common household waste, and any other waste containing food products shall be removed or lawfully disposed of within 21 days. Household waste, recyclable materials and other waste containing food shall be lawfully disposed of within seven days or more often as needed.
(2) 
Receptacles for household waste and recyclables shall be stored on residential properties so as not to create a nuisance to any other property. The storage location must be adjacent to a primary or accessory building and in no circumstances shall the storage be at or adjacent to the sidewalk or street.
(3) 
Household receptacles which are to be picked up from a public street shall not be placed at the curb for more than 24 consecutive hours for collection. Household receptacles shall be removed from the street promptly after collection.
(4) 
The operator of every commercial establishment or multifamily residence producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers (dumpsters) provide with close-fitting covers for the storage of such materials until removed from the premises for disposal.
(5) 
Locations for dumpsters used for commercial and multifamily use shall be subject to approval by the Souderton Borough Code Enforcement Officer. Dumpsters are not to be placed or stored in locations that impede the path or right of way of vehicles or pedestrians. Dumpsters used for the collection of any kind of food waste or household waste shall be emptied at least every seven days or more often as needed. Dumpster providers shall have the responsibility to monitor their devices for cleanliness and smell. Devices with offensive odors shall be removed from the Borough and replaced with clean devices. They shall not be washed out on public or private property within the Borough. Dumpster placement shall be determined by the Code Enforcement Officer, or Borough designee, but must be a minimum of 10 feet from any structure. A Zoning Permit shall be filed with the borough office 30 days prior to placement, when feasible. Fees for the permit shall be applied per the current approved fee schedule.
(6) 
Temporary storage containers such as "PODS", "U-HAUL" Storage Containers, "Sea Boxes", or construction trailers, hereby collectively named as "Containers" shall be placed on private property for no longer than 30-days. Extensions to the 30-day period shall be requested 15-days prior to the expiration of the allotted time and in writing to the code enforcement officer. The Containers shall be placed on private property to include driveways, rear yards, or side yards and in a location approved by the Borough Code Enforcement Officer. The Containers placement shall not impede the path or travel of vehicles or pedestrians. Any Containers over 200 square feet shall require a UCC Building Permit and Zoning Permit application and approval, along with any appropriate inspections. Containers must be kept in good condition, free of rust, peeling paint, or other noticeable deterioration. Containers may not be used for illegal dumping, hazardous waste, or other prohibited materials.
(7) 
Any dumpsters placed on an public way must submit an application with the Souderton Police Department. Dumpsters approved may only be kept on the public way for seven days and must be marked with cones and caution tape. No extensions will be granted, but an additional application can be submitted for consideration.
H. 
Section PM 304.14 (page 3-3, first line): Insert "April 1st and October 1st."
I. 
Section PM 602.3 (page 6-1, fifth line): Insert "October 1st and April 1st."
J. 
Section PM 602.4 (page 6-1, third line): Insert "October 1st and April 1st."
K. 
Section PM B101.3 (Appendix B-1, fourth line) "Membership of the Board": Insert "five years."
L. 
Section 3.04.03. Premises Identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the alley, street, road fronting the property.
M. 
Section 507.1. Stormwater drainage, including rain gutter discharge, of roofs, paved areas, yards, shall be no less than four feet from the property line. Stormwater drainage and rain gutter discharge shall not create a public nuisance to a neighboring property or public roadway.
All prior ordinances that adopted, enacted or ordained prior versions of the Property Maintenance Code for the Borough of Souderton, including specifically Ordinance No. 714, and all other ordinances or parts of ordinances in conflict herewith, are hereby repealed.
If any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Borough Council of Souderton Borough hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
[Amended 9-3-2024 by Ord. No. 808]
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any litigation, claims, or disputes pending in any Court of competent jurisdiction, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 471-3 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by the adoption of this chapter.
This chapter and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force immediately upon final passage and adoption.