[Adopted 10-13-2014 by Ord. No. O39-2014]
A certain document, three copies of which are on file in the Office of the Borough Manager of the Borough of Oakmont, County of Allegheny, Commonwealth of Pennsylvania, being marked and designed as the "International Property Maintenance Code, 2012 Edition," as from time to time amended, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Oakmont, 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 article, with the additions, insertions, deletions and changes, if any, as prescribed in §
147-3 of this article.
Nothing in this article or in the International Property Maintenance Code, 2012 Edition, 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or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in §
147-4 of this article.
The following sections of the International Property Maintenance
Code, 2012 Edition, are hereby revised:
A. Section 101.1. Insert: "Borough of Oakmont."
B. Section 101.2. The term "all" in lines one and two shall be deleted.
C. Section 102.1. The word "all" in line one shall be deleted.
D. Section 102.3, "Application of Other Codes," is hereby amended to
read as follows:
102.3 Application of Other Codes: Repairs, additions
or alterations to a structure, or changes of occupancy shall be done
in accordance with the procedures and provisions of the Pennsylvania
Construction Code Act, 35 P.S. § 7210.101 et seq., as it
may from time to time be amended, the Uniform Construction Code Regulations
promulgated by the Pennsylvania Department of Labor and Industry,
34 Pa. Code § 401.1 et seq., as it may from time to time
be amended and the Borough of Oakmont Uniform Construction Code, Ordinance
No. O25-2004, as it may from time to time be amended. Nothing in this
code shall be construed to cancel, modify or set aside any provision
of the International Zoning Code.
E. Section 103.5, "Fees," shall read as follows:
103.5 Fees: The fees for activities and services
performed by the Borough of Oakmont in carrying out its responsibilities
under this Code shall be indicated in a resolution adopted by the
Borough of Oakmont and as may be from time to time amended."
F. Section 104.1, "General," is hereby amended to read as follows:
104.1 General: The Borough shall have authority,
as necessary in the interest of public health, safety and general
welfare, to adopt and promulgate rules and procedures to be used by
the code official to interpret and implement the provisions of this
code; to secure the intent thereof; and to designate requirements
applicable because of local climatic or other conditions. Such rules
shall not have the effect of waiving structural or fire performance
requirements specifically provided for in this code, or of violating
accepted engineering methods involving public safety.
G. Section 104.2, "Inspections," is hereby amended to add after the
term "code official" the following: "or his/her designated representative."
H. Section 106.3, "Prosecution of Violation," is hereby amended to read
as follows:
106.3 Prosecution of Violation: Any person who
fails to comply with any or all of the requirements or provisions
of this article or who fails or refuses to comply with any notice,
order or direction of the Code Official or any other authorized employee
of the municipality shall be guilty of an offense and, upon conviction,
shall pay a fine to the Borough of Oakmont of not more than $1,000,
plus costs of prosecution. In default of such payment, such person
shall be imprisoned in county prison for a period not to exceed 30
days. Each day during which any violation of this article continues
shall constitute a separate offense. In addition to the above penalties,
all other actions are hereby reserved, including an action in equity
for the proper enforcement of this article. The imposition of a fine
or penalty for any violation of or noncompliance with this article
shall not excuse the violation or noncompliance or permit it to continue,
and all such persons shall be required to correct or remedy such violations
and noncompliances within a reasonable time.
I. Section 111.1, "Application for Appeal," is hereby amended to read
as follows:
111.1 Application for Appeal: 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 Board of Appeals,
provided that a written application for appeal is filed within 20
days after the day the decision, notice or order was served. Such
appeal shall be filed in writing, state the grounds for appeal and
be accompanied by the required appeal fee as set by resolution in
the Borough of Oakmont Schedule of Fees. An application for appeal
shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or the requirements
of this code are adequately satisfied by other means.
J. Section 111.2.5, "Compensation of Members," is hereby amended to
read as follows:
111.2.5 Compensation of Members: Members of the
Board shall receive no compensation.
K. Section 111.7, "Court Review," is hereby amended to read as follows:
111.7 Court Review: Any person aggrieved by the
decision of the Board of Appeals shall have the right to appeal to
the Court of Common Pleas, Allegheny County, Pennsylvania, pursuant
to the Pennsylvania Local Agency Law, 2 Pa.C.S.A. § 551
et seq.
L. Section 112.4, "Failure to Comply," shall read as follows:
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 to a fine of not more than $600.
M. Section 302.4, "Weeds," is hereby amended to read as follows:
302.4 Weeds: All premises and exterior property
located within 15 feet of an occupied structure shall be maintained
free from weeds or plant growth in excess of eight 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.
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, the
owner or agent 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.
N. Section 302.5, "Rodent Harborage," is hereby amended to read as follows:
302.5 Rodent Harborage: Rodent harborage and insect
infestation. All structures and exterior property shall be kept free
from rodent harborage and insect infestation. Where rodents or insects
are found, they are to be promptly exterminated by approved processes
which will not be injurious to human health. After extermination,
proper precautions shall be taken to eliminate rodent harborage and
prevent reinfestation by both rodents and insects.
O. Section 302.7, "Accessory Structures," is hereby amended to read
as follows:
302.7 Accessory Structures: All accessory buildings,
including detached garages, fences, sheds, pools and walls, shall
be maintained structurally sound and in good repair.
P. Section 304.14, "Insect Screens," is hereby amended to add the following
dates: "the first day of April to the 31st day of October of every
calendar year."
Q. Section 304, "Exterior Structure," is hereby amended to add Section
304.20, "Mosquito Breeding Areas," which will read as follows:
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304.20 Mosquito Breeding Areas: Mosquito breeding
areas are herein declared as those collections of water in which mosquitoes
breed or are likely to breed, including but not limited to ditches,
ponds, excavations, barrels, cans, bottles, tubs, buckets, detached
tires or other artificial containers.
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304.20.1 Prohibited Acts: It shall be unlawful,
a public nuisance and a threat to public health for the owner, lessee
or occupant or any agent, servant, representative or employee of any
such owner, lessee or occupant, including any person having ownership,
occupancy or control of any premises within the municipality between
April 1 and October 31 of each year, to have, keep or maintain or
cause, suffer or permit the accumulation or collection of any water
in which mosquitoes breed or are likely to breed unless such collection
of water is treated as hereinafter provided so as to effectively prevent
such breeding. Water accumulations that relate to conservation or
recreation projects in wetland accumulation or relate to stormwater
management are excluded from this prohibition.
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304.20.2 Treatment of Breeding Places: Collections
of water in which mosquitoes breed or are likely to breed shall be
treated by one or more of the following methods as approved by the
Pennsylvania Department of Health, Pennsylvania Department of Environmental
Resources or the Borough of Oakmont:
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A.
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Screening which will effectively prevent the ingress or egress
of mosquitoes.
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B.
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Complete emptying, drying and cleaning every seven days of unscreened
containers.
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C.
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Using a larvicide approved and applied under the direction of
the Pennsylvania Department of Health, the Pennsylvania Department
of Environmental Resources or the Borough of Oakmont.
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D.
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Filling or draining to the satisfaction of the Pennsylvania
Department of Health, the Pennsylvania Department of Environmental
Resources or the Borough of Oakmont.
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E.
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Proper disposal, by removal, destruction or discarding at a
properly licensed or authorized disposal site of cans, boxes, bottles,
detached tires and similar articles or containers likely to hold water.
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F.
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Enclosing or covering with sufficient material to prevent water
from collecting within the container or article.
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G.
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Openings or holes in such container(s) and article(s) which
are likely to hold water so as to permit proper drainage.
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304.20.3 Coordination with state agencies: Where
nuisances as specified in this chapter involve a noncompliance with
state-enforced legislation or regulation, the municipality shall first
refer this complaint to the appropriate state agency for abatement
and/or correction. If the nuisance continues without adequate enforcement
from the state agency to cause its abatement and/or correction, then
the Borough of Oakmont may initiate action under this chapter to bring
about abatement and/or correction.
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R. Section 305.1, "General," is hereby amended to read as follows:
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305.1 General: Every owner of any of the following
structures shall maintain, in a clean and sanitary condition, the
shared or public areas of the structure and exterior property.
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(a) rooming house, (b) housekeeping units, (c) a hotel, (d)
a dormitory, (e) any structure having more than two dwelling units
and (f) all nonresidential occupancies.
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S. Section 602.3, "Heat Supply," is hereby amended to add the following
dates: "the first day of October following to the 31st day of March
the next year."
T. Section 602.4, "Occupiable Work Spaces," is hereby amended to add
the following dates: "the first day of October following to the 31st
day of March the next year."
All ordinances or resolutions or parts thereof conflicting with
the provisions of this article are hereby repealed to the extent of
such conflict.