[HISTORY: Adopted by the Board of Supervisors
of the Township of Bern 3-5-2019 by Ord. No. 319-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 154.
[1]
Editor's Note: This ordinance also repealed former Ch. 124,
Property Maintenance, adopted 6-1-2004 by Ord. No. 212-2004.
The International Property Maintenance Code, 2015, as published
by the International Code Council, be and is hereby adopted as the
Property Maintenance Code of the Township of Bern, Berks County, Commonwealth
of Pennsylvania.
The following subsections and/or words in the International
Property Maintenance Code, 2015 edition (hereafter the "Property Maintenance
Code") are hereby revised to substitute the following words for the
original words contained in the ordinance:
A.
Section 101.1 Substitute "Bern Township" for NAME OF JURISDICTION.
B.
The title of Section 103 shall read as follows:
C.
Section 103.1 shall read as follows:
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Creation of the Office of the Building Code Official. The office of Building Code Official is hereby created and the executive
official(s) in charge thereof shall be known as the Building Code
Official.
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D.
Section 103.2 shall read as follows:
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Appointment. The Building Code Official shall be
appointed by the Board of Supervisors, by resolution, and shall serve
at the pleasure of the Board of Supervisors.
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E.
Section 103.5 shall read as follows:
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Fees. The fees for all work, permits, charges,
etc. shall be paid in accordance with the fee schedule resolution
in effect at the time application is made.
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F.
The Title of Section 104.6 shall read as follows:
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Building Code Official's Records
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G.
Subsection 106.3 shall read as follows:
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Prosecution of violation. Persons who shall violate
a provision of this Code, fail to comply with any of the requirements
thereof or erect, install, alter or repair work in violation of the
approved construction documents or directive of the Building Code
Official, or of a permit or certificate issued under the provisions
of this Code, shall be guilty of a summary offense, punishable by
a fine of not less than $100 nor more than $1,000 per violation. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
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H.
Subsection 107.3.3 shall read as follows:
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Posted in a conspicuous place in or about the structure affected
by such notice.
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I.
Subsection 107.5 is hereby revised by deleting the reference to Section
106.4 and substituting "106.3."
J.
Section 111 is hereby deleted in its entirety. A new Section 111
is hereby enacted to read as follows:
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Appeals. The creation of the Board of Appeals and
its authority and qualifications and the filing of appeals shall be
in accordance with Sections 403.121 and 403.122 contained in 34 Pa.
Code Chapter, 403.
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K.
Subsection 112.4 shall read as follows:
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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 guilty of a summary offense, punishable
by a fine of not less than $100 nor more than $1,000 per violation.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
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L.
Section 202 is hereby revised to include the following additional
definitions:
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Occupied.As applied to a building or portion thereof,
shall be constructed as though followed by the words, "or intended,
arranged or designed to be occupied, or having a certificate of use
and occupancy."
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One-Family Dwelling.A building containing one dwelling
unit.
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Two-Family Dwelling.A building containing two dwelling
units.
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M.
Section 202 is hereby amended as follows: in the definition of "owner"
the phrase "if ordered to take possession of real property by a court"
is hereby deleted from the definition.
N.
Section 301 is hereby amended to include the following additional
subsection known as 301.2.1:
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Where properties abut a public right-of-way, the abutting property
owner shall be responsible for the maintenance of the area between
their property line and the cartway, including the curb, the sidewalk
and grass areas between the curb and the property line.
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O.
Section 302 is hereby amended to include the following additional
subsection known as 302.3.1:
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Where sidewalks exist, those responsible (see Section 301.2.1,
as amended) for the sidewalks shall have at least a two-foot-wide
path cleared of snow and ice within 24 hours after the cessation of
the snowfall.
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EXCEPTION: When more than 12 inches of snow has fallen, those
responsible for the sidewalk shall have at least a two-foot-wide path
cleared of snow and ice within 48 hours after the cessation of the
snowfall.
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P.
Section 302.4 is hereby amended to read as follows:
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All premises and exterior property shall be maintained free
from weeds and 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 I 06.3
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 cost of such removal shall
be paid by the owner or agent responsible for the property.
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Q.
Section 302 is hereby amended to include the following additional
subsection known as 302.4.2:
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The Building Code Official, or any officer or employee of the
Township designated thereby for this purpose, is hereby authorized
to give notice, by personal service or United States mail, to the
owner or occupant or any adult person in charge of said premises,
as the case may be, of any property wherein grass or other vegetation
is in violation of Section 302.4 or Section 302.4.1, directing and
requiring such occupant or owner to remove, trim or cut such grass,
weeds or vegetation so as to conform to the requirements of this ordinance,
within five days or other such time period allotted in the notice
of violation, after issuance of such notice.
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Whenever, in the judgment of the Building Code Official, it
shall appear to be impracticable to give notice as above provided,
either because the owner or occupant would entail unreasonable delay,
the Township or any officer or employee of the Township designated
thereby for that purpose may give notice by posting conspicuously
on the property where such nuisance exists a notice or order directing
and requiring that such nuisance be abated within five days.
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In case any person, firm or corporation shall neglect, fail
or refuse to comply with such notice within the period of time stated
therein, the Township may order the removal, trimming or cutting of
such grass, weeds or vegetation, and the cost thereof, together with
a penalty of 10% of the cost thereof shall be collected by the Township
from such person, firm or corporation, in the manner provided by law
and may be entered as a municipal lien against the property and owner
thereof, for the abatement of nuisance.
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R.
Section 302.8 shall read as follows:
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Motor vehicles. Only one intact inoperative or
unlicensed motor vehicle shall be parked, stored, or kept on any premises.
A vehicle of any type is permitted to undergo major overhaul, including
body work, provided that such work is performed inside a structure
or similarly enclosed area designed and approved for such purposes.
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S.
Section 302 is hereby amended to include the following additional
subsection known as 302.8.1:
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Registered motor vehicles are prohibited from parking on any
nonpaved area in the front or side yards of a property for a period
of greater than 12 hours. Motor vehicles may be parked on nonpaved
areas in the rear yard providing that a solid fence, a minimum of
six feet tall, is erected around the rear yard in order to screen
the contents of the yard from surrounding neighbors.
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T.
Section 304.14: substitute "May 15th" for the first reference of
[DATE], and "October 15th" for the second reference of [DATE].
U.
Section 602.3: substitute "October 1st," for the first reference
of [DATE], and "May 1st" for the second reference of [DATE].
V.
Section 602.4: substitute "October 1st" for the first reference of
[DATE], and "May 1st" for the second reference of [DATE].
W.
Substitute in all relevant sections of the Code "Building Code Official"
for [THE BUILDING OFFICIAL].
X.
Substitute in all relevant sections of the Code "the Board of Supervisors"
for [THE GOVERNING BODY].
Any and all ordinances which conflict herewith are hereby repealed.
The provisions of this chapter are severable, and if any section,
sentence, clause or provision hereof shall be held illegal, invalid
or unconstitutional by any court of competent jurisdiction, such decision
of the court shall not affect or impair the remaining sections, sentences,
clauses or provisions of this chapter. It is hereby declared to be
the intent of the Board that this chapter would have been adopted
if such illegal, invalid or unconstitutional section, sentence, clause
or provision had not been included herein.
The provisions of this chapter, so far as they are the same
as those of ordinances and regulations in force immediately prior
to the enactment of this chapter, are intended as a continuation of
such ordinances and regulations and not as new enactments. The provisions
of this chapter shall not affect any act done or liability incurred,
nor shall they affect any suit of prosecution pending or to be instituted
to enforce any of these repealed ordinances or regulations.
