[HISTORY: Adopted by the Borough Council of the Borough of Evans City 9-8-2021 by Ord. No. 573.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 139, Property Maintenance, adopted 11-4-2013 by Ord. No. 556.
A certain document, three copies of which are on file in the office of the Secretary of Evans City Borough, being marked and designated as the "International Property Maintenance Code, 2009 Edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Evans City Borough, in the State of Pennsylvania, 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 occupancy 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 terms of said Property Maintenance Code on file in the office of the Evans City Borough 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 § 139-2 of this chapter.
The following sections are hereby revised:
A. 
Section 101.1. Insert: "Evans City Borough."
B. 
Section 103.5. Insert: "103.5 Fees. Borough Council will review and set fees every 2 years in February of the reorganization years."
C. 
Section 112-4. Insert: "not less than $100 or not more than $1,000."
D. 
Section 302-4. Insert: "five inches."
E. 
Section 304.14. Insert: "March 1-October 31."
F. 
Section 602.3. Insert: "October 1-March 31."
G. 
Section 602.4. Insert: "October 1-March 31."
H. 
Amend Section 106.4, Penalty, to read as follows: "Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine of not more than $1,000, plus costs and attorney's fees and costs, or by imprisonment for a term not to exceed 30 days, or by both such fine and imprisonment, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed as a separate offense."
I. 
Amend Section 111.1, Application for appeal, to be entitled "Appeals procedure" and to read as follows: "Appeals shall be taken as set forth in § 66-16, Appeals, of the Code of the Borough of Evans City."
Ordinance No. 556 of Evans City Borough amending Chapter 139 of the Code of the Borough of Evans City by adopting the Sixth Edition of the BOCA National Property Code as the Evans City Property Maintenance Code, with certain exceptions, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of said conflict.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Evans City Borough Council 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.
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, 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 § 139-3 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
The Evans City Borough Secretary is hereby ordered and directed to cause this ordinance to be published.
This chapter and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect seven days from and after the date of its final passage and adoption.