[HISTORY: Adopted by the Borough Council of the Borough of Baldwin 5-18-1992 by Ord. No. 641. Amendments noted where applicable.]
Alarm systems — See Ch. 62.
Brush, grass and weeds — See Ch. 70.
Building construction and housing standards — See Ch. 74.
Dangerous buildings — See Ch. 77.
Numbering of buildings — See Ch. 80.
Open burning — See Ch. 81.
Uniform construction codes — see Ch. 83.
Fire prevention — See Ch. 89.
Solid waste — See Ch. 136.
Trees, shrubs and bushes — See Ch. 150.
Zoning — See Ch. 168.
This chapter shall be known as the "Property Maintenance Code of the Borough of Baldwin."
[Amended 9-19-1994 by Ord. No. 673; 9-19-1996 by Ord. No. 702; 10-16-2000 by Ord. No. 742; 4-21-2015 by Ord. No. 863]
To promote and protect the public health, safety and welfare of the residents of the Borough of Baldwin and for the purpose of codifying and regulating the design, construction, alteration, demolition, execution, repair, maintenance, mechanicals, energy use and fuel gas usage, fire safety and removal of all buildings, homes, structures and/or edifices in the Borough of Baldwin and to prescribe reasonable standards for the use of materials, roofing and construction components in such structures in the borough, the Borough Council of the Borough of Baldwin hereby adopts those certain codes known as the International Building Code 2009; the International Fire Code 2009; the International Fuel Gas Code 2009; the International Energy Conservation Code 2009; the International Mechanical Code 2009; the International Residential Code 2009, the International Property Maintenance Code 2009, the American National Standards Institute 117 - Accessibility Code 2009, and National Electrical Code 2014, herein referred to as the 'codes,' as hereinafter modified. Copies of the code have been and are now on file in the office of the Borough Manager of the Borough of Baldwin. The provisions, standards, specifications and interpretations of the aforesaid codes are hereby adopted by reference to the same and they are incorporated herein as fully as if they had been set out at length herein.
Any references in the aforesaid codes to terms such as "municipality," "city" or any other reference to a governmental authority shall be held to mean the Borough of Baldwin; any terms used in the codes referring to building inspection, inspector, code officer or other person authorized to enforce the codes shall be held to mean the Zoning Officer of the Borough of Baldwin or any inspectors hired by the Borough to accomplish the purposes set out in this chapter. The Borough Council of the Borough of Baldwin is hereby authorized to appoint and hire inspectors to carry out the provisions of this chapter, but the Zoning Officer of the Borough of Baldwin shall be the primary official responsible for the administration and enforcement of this chapter.
All terms used in this chapter shall be defined as the same are more fully defined in the codes, except that in the event there is a conflict between the definition contained in the codes and the terms that are defined in the Zoning Ordinance of the Borough of Baldwin, Ordinance No. 440, adopted the 29th day of September 1972, as amended, then the definition as set forth in the Zoning Ordinance of the Borough of Baldwin shall prevail. For these purposes, the definitions section of the Zoning Ordinance of the Borough of Baldwin is incorporated herein by reference thereto, the same as though it had been fully set forth herein at length.
The Property Maintenance Code adopted herein is hereby modified in the following respect:
Sections 111.1 through 111.3 are deleted in their entirety from the code, and substituted therefor shall be the following:
PM-111.1: Any person shall have the right to appeal by requesting the Zoning Officer to seek an interpretation of the ordinance from the Building Officials and Code Administrators International, Inc.; in the event that such a decision is adverse to the applicant or not forthcoming, the applicant may then request that an arbitrator be appointed to determine the issue and to render a decision. The arbitrator shall be an architect selected by the Borough and the applicant. All costs of the arbitrator shall be paid for by the applicant.
PM-111.2: Any person aggrieved by the decision of the arbitrator shall have the right to appeal to the Court of Common Pleas of Allegheny County within 30 days of the date of the arbitrator's decision in accordance with the rules of court.
Whenever a conflict shall occur between the provisions of this chapter and the code adopted hereunder and the provisions of any other ordinance of the Borough of Baldwin, particularly the Zoning Ordinance and the Subdivision Ordinance of the Borough of Baldwin, then such conflict shall be resolved by interpreting the ordinances so that the strictest interpretation of the conflicting ordinance shall be the one that prevails, and the administration or enforcement of the matter shall proceed under the provisions of the ordinance containing the strictest standard or interpretation.
The Zoning Officer of the Borough of Baldwin appointed under the provisions of the Zoning Ordinance of the Borough of Baldwin or any inspector appointed by the Borough Council of the Borough of Baldwin under the provisions of this chapter shall be authorized to and is hereby directed to be the official responsible for the administration and enforcement of this chapter; he shall be responsible to inspect the construction, alteration, demolition or removal of all structures to ascertain that the same is conducted pursuant to the provisions of this chapter. He shall issue permits as the same are required, after first having obtained all necessary approvals, and he shall condemn all unsafe structures and shall order the same to be razed or repaired and made safe and secure as the interest of the public safety may require. He shall have authority after exhibiting proper identification and in the discharge of his official duties to enter any building, structure or premises at any reasonable hours to enforce all laws relating to matters covered under the provisions of this chapter, and he shall be authorized to issue such citations or to file such complaints before a District Magistrate as may be required for the enforcement of this chapter.
In addition to the penalties set forth in the code adopted hereunder, any person who shall violate any of the provisions of the code or of any ordinance incorporated herein and adopted hereby or any person who shall erect, construct, alter, repair, demolish or remove any building, structure or edifice covered hereunder or permit, suffer or cause the erection, alteration, repair, demolition or removal of any building or structure or portion thereof covered hereunder in violation of this chapter or of any ordinance incorporated herein shall be guilty of a violation of this chapter and shall, upon conviction thereof by a District Magistrate, be punishable by a fine of not less than $100 nor more than $300 together with costs of prosecution and, in default of payment of such fine or costs, shall be imprisoned for not more than 10 days. The owner of any building, structure, home or edifice or portion of the same or of the premises wherein a violation of the code shall exist, or who shall cause a violation of the same, or any owner, tenant, contractor, agent or employee who may commit a violation of this chapter or assist in the commission of such a violation shall each be guilty of a separate offense and, upon conviction thereof, shall be punishable by a fine not less than $100 nor more than $300 and costs of prosecution or, in default of payment of such fine and costs, shall be imprisoned for not more than 10 days; and provided, further, that each day that a violation of any of the provisions of this chapter continues shall be considered a separate offense. The term "person," as used herein, shall mean any individual, a member of a partnership or the officer of any corporation, which officer authorizes or participates in any action or omission to act which constitutes a violation of this chapter.
Nothing in this chapter or in the code hereby adopted shall be construed to affect any suit or proceeding now pending in any court or any rights acquired or liability incurred hereunder nor any cause or cause of action accrued or existing under any act or ordinance repealed herein.