[HISTORY: Adopted by the Board of Supervisors of West Brandywine Township 2-6-2003 by Ord. No. 03-07. Amendments noted where applicable.]
[Amended 8-5-2021 by Ord. No. 2021-04]
A certain document three copies of which are on file in the office of the Township Manager/Secretary of West Brandywine Township, being marked and designated as the International Property Maintenance Code, 2018 Edition, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of West Brandywine Township, Chester County, in the State of Pennsylvania, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code 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 § 137-2 of this chapter.
[Amended 8-5-2021 by Ord. No. 2021-04; 6-16-2022 by Ord. No. 2022-05]
The following sections are hereby revised:
A. 
Section 101.1: Insert "West Brandywine Township" as the "NAME OF JURISDICTION."
B. 
Section 103.5: Add as Schedule of Permit Fees, Resolution No. 13-2022, adopted on May 19, 2022, as may be amended or supplemented from time to time by resolution of the Board of Supervisors.
C. 
Section 112.4: Insert fine of not less than "$100" or more than "$1,000."
D. 
Section 302.4: Insert "10 inches."
E. 
Section 304.14: Insert "from April to October."
F. 
Section 602.3: Insert "from October to April."
G. 
Section 602.4. Insert "from October to April."
[Added 8-5-2021 by Ord. No. 2021-04[1]]
A. 
Any person directly affected by a decision of the code official or a notice or order issued under this Code shall have the right to appeal to the West Brandywine Township Property Maintenance Board of Appeals. Appeals shall proceed in accordance with Section 111 of the International Property Maintenance Code, 2018 Edition.
B. 
The West Brandywine Township Zoning Hearing Board is designated as the West Brandywine Township Property Maintenance Board of Appeals. This designation is intended to vest the Zoning Hearing Board with jurisdiction to hear property maintenance appeals in accordance with Section 1704-A of the Second Class Township Code, 53 P.S. § 66704-A; the Pennsylvania Local Agency Law, 2 Pa.C.S.A. § 551 et seq.; and Section 111 of the International Property Maintenance Code, 2018 Edition. The Zoning Hearing Board Solicitor shall serve as the Solicitor to the Property Maintenance Board of Appeals unless the Property Maintenance Board of Appeals decides otherwise. The Solicitor shall provide continuity and advice to appointed Appeals Board members; be present at all hearings; and assist in the preparation of all written decisions.
C. 
Upon receipt of a written appeal, the Property Maintenance Board of Appeals shall schedule a public hearing in accordance with Section 111 of the International Property Maintenance Code, 2018 Edition. The Property Maintenance Board of Appeals shall give notice of the date and time of the public hearing, together with a description of the particular nature of the matter to be considered at the hearing, to the applicant or applicant's agent, and the publication of the same shall be made once in a newspaper of general circulation not less than 10 days before the public hearing. Abutting property owners shall be served with notice of the hearing no less than seven days before the hearing. Notice of the hearing shall be conspicuously posted on the affected tract of land at least seven days before the hearing.
D. 
Hearings shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A. §§ 551 through 555, 751 through 754.
E. 
The Property Maintenance Board of Appeals shall decide the appeal no later than 20 days following the close of the evidentiary record at the hearing, unless extended by agreement of all parties. Said decision shall be made by official action by the Property Maintenance Board of Appeals at a public meeting in accordance with the Sunshine Law. [2] A written decision shall be entered no later than 14 days after official action at a public meeting. Copies of the written decision shall be served on the applicant and all other parties to the hearing personally or mailed to them not later than the day following the date of the written decision.
[2]
Editor's Note: See the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
F. 
The Board of Supervisors, by resolution, may prescribe reasonable fees for appeals under this chapter. The fee shall not exceed the actual costs of publishing the hearing notice, court reporter services and other necessary administrative services. The party who requests the original transcript shall bear the cost thereof. The cost of additional copies shall be paid by the person requesting such copy or copies.
[1]
Editor's Note: This ordinance also redesignated former § 137-3, Effect on existing rights, as § 137-4.
[Amended 8-5-2021 by Ord. No. 2021-04]
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 § 137-2 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.