Borough of Shippensburg, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY:[1] Adopted by the Borough Council of the Borough of Shippensburg 6-6-2017 by Ord. No. 920, approved June 6, 2017. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 75, Brush, Grass and Weeds, adopted 5-16-1972 by Ord. No. 412, approved 5-16-1972, as amended, was repealed 7-19-1994 by Ord. No. 635, approved 7-19-1994.
This chapter, together with the most current edition of the International Property Maintenance Code, as amended from time to time, shall be known as the "Property Maintenance Code of the Borough of Shippensburg."
This chapter shall apply to all residential, commercial, and industrial property within the Borough of Shippensburg; however, the provisions of this chapter shall not amend, replace, or modify the provisions of Chapter 87, entitled the "Residential Rental Property Maintenance Code of the Borough of Shippensburg" and the properties set forth in § 87-4 A.101.2, entitled "Scope" shall continue to be regulated by the provisions of Chapter 87 and shall not be subject to provisions of this chapter.
A. 
A certain document, three copies of which are on file in the office of the Secretary of the Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania, being marked and designated as "International Property Maintenance Code, 2015," as amended hereafter from time to time and published by the International Code Council, be and is hereby adopted by the Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania, for the regulation of properties in the Borough of Shippensburg set forth in § 75-2 of this Code.
B. 
All of the provisions, penalties, conditions and terms of the International Property Maintenance Code, 2015, as amended hereafter from time to time and published by the International Code Council, 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 prescribed in this chapter.
This provision of this chapter shall take effect on June 6, 2017.
The following sections of the International Property Maintenance Code of 2015 are hereby revised, removed, replaced, or modified as follows:
101.1 Title. These regulations shall be known as the "Property Maintenance Code of the Borough of Shippensburg," hereinafter referred to as this "Code" or the "Code."
101.2 Scope. The provisions of this code shall apply to residential, commercial, and industrial property within the Borough of Shippensburg, unless such property is regulated under the provisions of Chapter 87, entitled the "Residential Rental Property Maintenance Code of the Borough of Shippensburg" and constitutes the minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
102.6 Historic Buildings. All structures which are subject to regulation by this code in accordance with Section 101.2 which are historic structures shall be subject to the applicable provisions of this code; however, all historic structures located in the Historic Preservation District as defined and delineated in Chapter 78 of the Code of the Borough of Shippensburg shall remain subject to the provisions of Chapter 78 of the Code of the Borough of Shippensburg, which provisions shall be implemented in conjunction with the provision of this code, and if a conflict exists between such provisions, the more restrictive provision(s) shall apply. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the Code Official to be safe and in the public interest of health, safety and welfare.
103.1 General. The Borough of Shippensburg shall designate a Code Official from time to time.
103.2 Appointment. Deleted.
103.3 Deputies. The Council of the Borough of Shippensburg shall have the authority to appoint a deputy Code Official(s), other related technical officers, inspectors, and other employees.
103.4.1 Legal Defense. Deleted.
103.5 Fees. The fees for services, inspections, and activities performed by the department in carrying out its responsibilities under this ordinance shall be as set forth in the Fee Schedule of the Borough of Shippensburg, adopted by resolution and amended from time to time.
106.3 Prosecution of Violation. Any person failing to comply with a notice of violation or order serviced in accordance with Section 107 shall be deemed guilty of a summary offense. If the notice of violation is not complied with, the Code Official may institute the appropriate proceedings at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any corrective action taken by the authority having jurisdiction over such premises may be charged against the real . estate upon which the structure is located and shall be a lien upon such real estate.
106.4 Violation penalties. Any person, firm, or corporation who shall violate any provision of this ordinance shall, upon conviction thereof, be subject to a fine of not more than $1,000 or imprisonment for term not to exceed 30 days, or both at the discretion of the court. Each day that a violation continues shall be deemed a separate offense.
106.6 Administrative search warrants. The Code Official may seek an administrative search warrant to ensure that any property regulated by this code is in compliance with this code.
106.7 Violations as public nuisances. Any property regulated by this code that is in violation of this code may be considered a public nuisance and be abatable as such in accordance with 8 Pa.C.S.A § 32A03(a).
111.2 Membership of Board. The Code Appeals Board (the "Board") shall consist of five members who shall be appointed by the Council of the Borough of Shippensburg. Each member shall have been a resident of the Borough for at least one year prior to appointment. The terms of office of the members of the Board shall be five years; provided, however, that the terms of office shall be fixed so that the term of one member shall expire each year.
(Sections 111.2.1 through 111.2.4 shall remain as provided in the International Property Maintenance Code.)
Section 111.2.5, Compensation of Board members, is deleted.
111.3 Notice of meeting. The Board shall meet at its regularly scheduled meeting, notice of which shall be published in accordance with the requirements for publishing public notice of local agency meetings. The Board may also hold special meetings, which meetings shall be held in accordance with the Sunshine Act.[1]
111.4.1 Procedure. The board shall conduct the public hearing in accordance with the Local Agency Law[2] adopted by the Commonwealth of Pennsylvania.
111.6 Board decisions. The Board shall modify or reverse the decision of the Code Official only by a concurring vote of a majority of the Board members present at the public hearing.
111.7 Court review. Any person aggrieved by an adjudication of the Board of Appeals who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals by or pursuant to Pennsylvania Law.
111.9 Extension of time. The Board shall have the ability to grant extensions of time for the completion of repairs or maintenance required by this code upon a hearing held in accordance with this code; provided, however, that for correction orders issued as a result of inspections occurring in the months of November through February, which correction orders require exterior corrections such as, but not limited to, exterior painting or the repair/replacement of sidewalks, which corrections cannot be completed due to weather conditions, the Borough Manager may grant an extension, which shall not extend the time for completion further than May 31.
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 for the penalty set forth in Section 106.4.
SECTION 202
GENERAL DEFINITIONS
The following definitions shall be added or amended as appropriate. The definitions set forth in the code that are not amended herein shall remain in full force and effect.
DWELLING UNIT. One or more rooms in a dwelling or apartment hotel designed primarily for occupancy by one family for living or sleeping purposes.
EASEMENT. A right-of-way granted for limited use of property by the landowner for a public or quasi-public purpose and within which the owner of the property shall not have the right to make use of the land in a manner that violates the right of the grantee.
FAMILY.
A.
An individual or couple and the children thereof with not more than two other persons related directly to the individual or couple by blood or marriage; or
B.
A group of unrelated persons, excluding domestic workers, living together as a single housekeeping unit in a dwelling unit shall not include more than three unrelated persons.
302.4 Weeds. All premises and exterior property shall be maintained free from weeds, grass or other uncultured vegetation not edible or planted for some useful or ornamental purpose, more than 10 inches in height when measured from the surface of the ground. All premises and exterior property shall be maintained free from trees, shrubs, hedges or other vegetation that overhangs sidewalks or other pedestrian walkways at a height of less than eight feet. All premises and exterior property shall be maintained free from trees, shrubs or other vegetation that overhangs a road right-of-way at a height of less than 16 feet, measured from the street surface at the curb. All noxious weeds shall be prohibited.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, he or she 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. Noxious weeds shall be those listed on the noxious weed control list found at 7 Pa. Code § 110.1, which list shall be available at the Borough Office for inspection.
304.14 Insect Screens. Deleted.
602.3 Heat supply. Modify as follows: the following dates shall be added in the areas that currently contain the word "DATE": The first "DATE" shall be changed to "October 15," and the second "DATE" shall be changed to "May 15."
602.4 Occupiable work spaces. Modify as follows: the following dates shall be added in the areas that currently contain the word "DATE": The first "DATE" shall be changed to "October 15," and the second "DATE" shall be changed to "May 15."
[1]
Editor's Note: See 5 U.S.C. § 552b.
[2]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and 2 Pa.C.S.A. § 751 et seq.