101.5 Conflict. Where there is a conflict between
a provision in this chapter and another section of the New Garden
Township Code, the most restrictive provision shall apply.
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103.1 General. The department charged with enforcement
of this chapter shall be the Department of Zoning and Codes, and the
executive official in charge shall be known hereafter as the Code
Official.
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103.5 Fees. The fees for activities and services
performed by the Department in carrying out its responsibilities under
this code shall be as indicated in the New Garden Township Fee Resolution.
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106.4 Violation. Any person who shall violate a
provision of this code, or fail to comply therewith, or with any of
the requirements thereof, shall be liable to a fine of not more than
$1,000, plus court costs and reasonable attorney fees incurred by
the Township in the enforcement proceedings. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense.
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110.3 Failure to comply. If the owner of a premises
or owner's authorized agent fails to comply with a demolition
order within the time prescribed, the Code Official shall cause the
structure to be demolished and removed, either through an available
public agency or by contract or arrangement with private persons,
and the costs of such demolition and removal, plus 10% for administrative
costs, shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
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111.2 Membership of Board. The Board of Appeals
shall be established by resolution of the governing body of the Township
of New Garden in conformity with the relevant provisions of this code.
If at any time enforcement and administration is undertaken jointly
with one or more municipalities, the Board of Appeals shall be established
by joint action of the participating municipalities.
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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 liable to a fine of not more than $1,000,
plus court costs and reasonable attorney fees incurred by the Township
in the enforcement proceedings. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
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302.4 Weeds. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of 10
inches. 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.
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Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, they
shall be subject to prosecution in accordance with Section 106.3 and
as prescribed by the authority having jurisdiction. Upon failure to
comply with the notice of violation, any duly authorized employee
of the jurisdiction or contractor hired by the jurisdiction shall
be authorized to enter upon the property in violation and cut and
destroy the weeds growing thereon, and the costs of such removal shall
be paid by the owner or agent responsible for the property.
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304.14 Insect screens. During the period from April
1 to September 30, every openable window in a residential structure
and every door, window and other outside opening required for ventilation
of 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 less than
16 mesh per inch (16 mesh per 25 mm), and every screen door used for
insect control shall have a self-closing device in good working condition.
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Exception: Screens shall not be required where
other approved means, such as air curtains or insect repellent fans,
are employed.
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308.4 Unlawful dumping. It shall be unlawful to
throw, deposit or dump paper, trash, rubbish, ashes, junk, waste or
discarded materials of any kind, including, but not limited to, refrigerators,
electrical or gas ranges, worn out tires, plumbing or electrical fixtures,
building supplies, tree limbs, grass or other vegetation in or on
any private or public property, vacant or occupied, within New Garden
Township, or to maintain any accumulations of such materials in or
on any public or private property, vacant or occupied, within said
Township, that creates a condition which endangers the safety, health
or comfort of the citizens of New Garden Township.
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602.3 Heat supply. Every owner and operator of
any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the period
from September 1 to April 30 to maintain a temperature of not less
than 68° F. (20° C.) in all habitable rooms, bathrooms and
toilet rooms.
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Exceptions:
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1.
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When the outdoor temperature is below the winter outdoor design
temperature for the locality, maintenance of the minimum room temperature
shall not be required, provided that the heating system is operating
at its full design capacity. The winter outdoor design temperature
for the locality shall be as indicated in Appendix D of the International
Plumbing Code.
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2.
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In areas where the average monthly temperature is above 30°
F. (-1° C.) a minimum temperature of 65° F. (18° C.) shall
be maintained.
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602.4 Occupiable work spaces. Indoor occupiable
work spaces shall be supplied with heat during the period from September
1 to April 30 to maintain a temperature of not less than 65° F.
(18° C.) during the period the spaces are occupied.
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Exceptions:
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1.
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Processing, storage and operation areas that require cooling
or special temperature conditions.
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2.
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Areas in which persons are primarily engaged in vigorous physical
activities.
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SECTION 705
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KEROSENE HEATERS
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705.1 General. The use of portable kerosene heating
units is permitted only as a supplement to the central heating system
in single-family, twin or half double residential units and multiple-dwelling-unit
complexes in which the individual units are separated by approved
fire walls.
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705.2 Prohibited uses. The use of portable kerosene
heating units is not permitted in apartment houses, multiple dwellings
with two or more dwelling units, boardinghouses, motels or hotels.
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705.3 Prohibited uses - flammable materials. The
use of portable kerosene heating units is prohibited in structures
where hazardous or highly flammable materials are stored.
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705.4 Storage. All containers used for outdoor
storage of kerosene shall be constructed of materials and equipment
approved under UL regulations or Commonwealth of Pennsylvania State
Police Fire Marshal Regulations. These containers shall be clearly
labeled "kerosene" with letters at least two inches high. A maximum
of 10 gallons of kerosene shall be stored in a building subject to
the regulations contained herein and such storage place must be at
least 10 feet distant from any permanent heating unit, boiler, furnace,
or wood-burning stove or portable kerosene heating unit. The storage
of kerosene is prohibited in kitchens, bathrooms, closets, bedrooms,
hallways, or in any room that does not have adequate ventilation.
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