[HISTORY: Adopted by the Board of Supervisors
of the Township of Brighton 7-9-2018 by Ord. No. 211.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 148,
Property Maintenance, adopted 3-11-2002 by Ord. No. 121, as amended.
The following sections of the 2015 edition of the International
Property Maintenance Code, 101.1, 102.3, 103.1, 103.5, 104.1, 106.3,
106.4, 106.5, 107.2, 108.1, 108.1.5(10), 111.1, 111.2.5, 112.4, 202,
Definitions, 301.3, 302.4, 302.8, 304.3, 602.3, 602.4, are hereby
amended to read as follows: [Amended 12-10-2018 by Ord. No.
218]
Section 101.1. Title.
These regulations shall be known as the International Property
Maintenance Code of Brighton Township, hereinafter referred to as
"this code."
Section 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 Uniform Construction Code, adopted by Brighton Township Code, Chapter 85, and the codes referenced therein.
Section 103.1. General.
The Department of Property Maintenance Inspection is hereby
created and the executive official in charge thereof shall be known
as the Code Official.
Section 103.5. Fees.
The fees for activities and services performed by the Township
in carrying out its responsibilities under this Code shall be as indicated
in the fee schedule adopted by resolution by the Board of Supervisors.
Section 104.1 - General.
The Code Official is hereby authorized and directed to enforce
the provisions of this Code. The Code Official shall have the authority
to render interpretations of this Code. Such interpretations shall
be in compliance with the intent and purpose of this Code and shall
not waive requirements specifically provided for in this Code.
Section 106.3 Prosecution of violations.
Any person failing to comply with a notice of violation or order
served in accordance with Section 107 of this Code shall be deemed
guilty of a summary offense, and the violation shall be deemed a strict
liability offense. If the notice of violation is not complied with,
the Township may institute 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 provision of this Code or of the order or direction made pursuant
thereto. In addition, the Township may correct or abate the violation
and charge the cost thereof, plus penalty of 10% to the owner, and
place a lien on the real estate. All such liens shall be collectable
by the Township as provided for all municipal liens.
Section 106.4 Violation penalties.
Any person who shall violate a provision of this Code, or fail
to comply therewith, or with any of the requirements thereof, shall,
upon conviction thereof, be sentenced to pay a fine of $300 for the
first offense, and $1,000 for the second and each additional offense
and, in default of the payment of such fine and costs, shall suffer
imprisonment in the Beaver County Jail for a period not exceeding
30 days. Each day that a violation continues after due notice has
been served shall be deemed a separate offense.
Section 106.5. Abatement of violation.
The imposition of penalties herein prescribed shall not preclude
the Township from instituting appropriate action to restrain, correct
or abate a violation, or to prevent illegal occupancy of a building,
structure or premises, or to stop an illegal act, conduct, business
or utilization of the building, structure or premises.
Section 107.2. Notices and orders: form.
4. Include a correction order allowing a reasonable time to
make the repairs and improvements required to bring the dwelling unit,
easement, exterior property, premises, or structure into compliance
with the provisions of this code.
Section 108.1 - Unsafe structures and equipment.
When a structure or equipment is found by the Code Official
to be unsafe, or when a structure is found unfit for human occupancy,
or is found unlawful, such structure shall be condemned by the Township,
upon recommendation of the Code Official.
Subsection 10 of Section 108.1.5 - Dangerous structure
or premises.
10. Any building or structure, because of lack of sufficient
or proper electrical system, fuel connections, mechanical system,
plumbing system or other cause, is determined by the Code Official
to be a threat to life or health.
Section 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 as follows:
1. Within 10 days after the day the decision, notice
or order was served under Section 302.4.
2. Within 15 days after the day the decision, notice
or order was served under Section 302.8.
3. Within 20 days after the day the decision, notice
or order was served under all other sections.
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.
Section 111.2.5.
The members of the Board of Appeals shall serve without compensation.
Section 112.4.
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 less than $300 nor more than $1,000.
Section 202 - General Definitions.
Revised: Code Official. The official(s) who is charged with
the administration and enforcement of this Code, or any duly authorized
representative of Brighton Township, including the Township Manager,
Zoning Officer, Chief of Police, police officer, and any other Code
Enforcement Officer of the Township duly appointed by the Board of
Supervisors.
Added: Yard. An unoccupied space open to the sky, on the same
lot with a building or structure. No portion of any principal or accessory
structure, as defined, shall project into any required yard except
as otherwise provided.
Added: Exterior Property. The open space on the premises and
on adjoining property under the control of owners or operators of
such premises, or easement, or property between premises owner's
property line and the adjacent curbline of an improved street or private
drive upon which their property abuts.
Section 301.3 Vacant structures and land. All vacant
structures and premises thereon, and yards shall be maintained in
a clean, safe, secure, and sanitary condition as provided herein so
as not to cause a blighting problem or adversely affect the public
health and safety.
Section 302.4. - Weeds.
All premises and exterior property 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, they
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.
302.8 - Motor vehicles.Except as provided for in
other regulations, no inoperative or unlicensed motor vehicle, or
any motor vehicle without a current inspection, shall be parked, kept
or stored on any premises, and no vehicle shall at any time be in
a state of major disassembly, disrepair, or in the process of being
stripped or dismantled. Painting of vehicles is prohibited unless
conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major
overhaul, including body work, provided that such work is performed
inside a structure or similarly enclosed area designed and approved
for such purposes.
Section 304.3 - Premises identification.
See Chapter 79, Buildings, Numbering of, of the Brighton Township Code.
Section 602.3. - Heat Supply.
Every owner and operator of any building who rents, leases or
lets one or more dwelling units of sleeping units on terms, either
expressed or implied, to furnish heat to the occupants thereof shall
supply heat during the period from September 1 to April 30 to maintain
a minimum temperature of 68° F. in all habitable rooms and bathrooms.
Exception: When the outdoor temperature is below the winter outdoor
designed temperature for the locality, maintenance of the minimum
room temperature shall not be required provided that the heating system
is operating in its full designed capacity. The winter outdoor designed
temperature for the locality shall be as indicated in Appendix D of
the International Plumbing Code.
Section 602.4. Occupiable work space.
Indoor occupiable work spaces shall be supplied with heat during
the period from September 1 to April 30 to maintain a minimum temperature
of 65° F., during the period the spaces are occupied. Exceptions:
1. Processing, storage and operation areas that require cooling or
special temperature conditions. 2. Areas in which persons are primarily
engaged in vigorous physical activities.
The following sections of the 2015 edition of the International
Property Maintenance Code are deleted as follows:
Section 302.2 Grading and drainage.
Section 304.2 Protective treatment.
Section 402 Light.
Section 403.1 Ventilation - Habitable spaces.
Section 403.2 Ventilation - Bathrooms and toilet rooms.
The following section is added to the 2015 edition of the International Property Maintenance Code, Brighton Township's Code, Chapter 148, Property Maintenance Code as follows:
111.9 The appeal process may be revised as established by action
of the Board of Supervisors of Brighton Township.
Section 404 of the 2015 edition of the International Property
Maintenance Code shall apply to residential rental property only and
the title shall be revised to read:
Section 404 OCCUPANCY LIMITATIONS for residential rentals.
All references, and requirements for compliance herein, to the
International Zoning Code are deleted.
