[HISTORY: Adopted by the Board of Supervisors
of the Township of Kilbuck 1-16-1996 by Ord. No. 49. Amendments noted where
applicable.]
[Amended 8-26-2008 by Ord. No. O-08-04]
A certain document, a copy of which is on file in the Office
of the Secretary of the Township of Kilbuck, being marked and designated
as the 2003 International Property Maintenance Code, be and is hereby
adopted as the Property Maintenance Code of the Township of Kilbuck
pursuant to the Second Class Township Code, for the control of buildings,
structures and property as herein provided and subject to any amendments
contained herein or that may be adopted from time to time, and each
and all of the regulations, provisions, penalties, conditions and
terms of said 2003 International 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 amendments,
if any, prescribed in this chapter.
Any ordinance or part of an ordinance in conflict
herewith is hereby repealed.
[Amended 7-17-2001 by Ord. No. OO-01-3; 8-26-2008 by Ord. No. O-08-04]
The 2003 International Property Maintenance
Code is amended and revised in the following respects:
A.
Section 101.1, page 1, second line. Insert "Township of Kilbuck"
in space provided.
B.
Section 103, Department of Property Maintenance Inspection. Delete
the reference to "Department of Property Maintenance Inspection" and
replace the deleted reference with a reference to "Property Maintenance
Code Official."
(1)
Revise Section 103.1 to read:
103.1. General. The official in charge of enforcing
this Ordinance shall be known as the Code Official. The Township Secretary
is authorized to serve as the Code Official at any and all times.
The Code Official may also be an individual or a corporation or other
organization providing Property Maintenance Code enforcement services.
C.
Section 106, Violations. Delete Subsection 106.4, Violation Penalties,
and replace it with the following:
106.4. Penalties. Any person, firm or corporation
who shall violate any provision of this Code shall, upon conviction
thereof, be subject to a fine of up to $1,000. Each day that a violation
continues shall constitute a separate offense.
D.
Section 111, Means of Appeal. Delete Section 111, Means of Appeal
in its entirety and replace it with the following:
111. Means of Appeal.
111.1. Application for Appeal. Any person aggrieved
by a decision of the Code Official or a notice or order issued under
this Code shall have the right to appeal, within 20 days after the
date of the decision, notice or order appealed from, to the Kilbuck
Township Board of Supervisors ("Board") which Board shall have jurisdiction
to hear and rule on appeals filed hereunder or to refer such appeals
to a hearing officer or hearing tribunal for hearing and/or decision.
Such appeal shall be filed in writing, shall state the grounds for
appeal, be accompanied by the required appeal fee, and shall be processed
and heard in accordance with the Local Agency Law.
111.2. All appeals under the Property Maintenance
Code must be based on a claim that the true intent of this Code or
the rules legally adopted thereunder have been incorrectly interpreted,
that the provisions of this Code do not apply, that the requirements
of this Code are satisfied by other means or that the strict application
of the Code would cause an undue hardship due to the unique circumstances
involving the property in question such that strict application of
the Code would prevent the property owner or occupant from making
reasonable use of the property.
111.3. The following factors may be considered
in deciding a claim of hardship:
111.3.1. Whether the owner or occupant has complied
with prior orders or agreements covering maintenance of the property;
111.3.2. Whether the owner or occupant has a history
of investment or improvement at the property;
111.3.3. Whether the cost of repair or compliance
is reasonable in relation to the value of the property and the danger
presented by the property;
111.3.4. Whether enforcement of the Code would
result in a taking without compensation;
111.3.5. The length of time any violations have
existed;
111.3.6. Degree of mitigation attempted;
111.3.7. Number and severity of violations at the
property;
111.3.8. Visibility of violations from the street
and neighboring properties;
111.3.9. Existence of similar conditions at neighboring
properties;
111.3.10. Danger presented by the violations to
children or the sick or elderly.
111.4. The appeal body or officer shall have no
authority to waive requirements of the Property Maintenance Code except
upon a finding of undue hardship made pursuant to Sections 111.1,
111.2 and 111.3.
E.
Chapter 3, General Requirements, Section 302, Exterior Property Areas.
(1)
In Section 302.4, Weeds, delete the first sentence and replace it
with the following:
All premises and exterior property shall be maintained free
from weeds or grasses in excess of 12 inches in height.
(2)
Replace Section 302.8,
Motor Vehicles, with a revised section 302.8, Motor Vehicles, to read
as follows:
302.8. Motor Vehicles. No owner or occupant or
operator of any premises shall permit thereon:
A.
The storing of abandoned, junked or partially dismantled motor vehicles
which pose a threat to the public health, safety and welfare due to
conditions including, but not limited to, the following:
(1)
Broken glass.
(2)
Missing doors, windows or other vehicle parts which would permit
vermin or animal harborage or entry of children.
(3)
Body parts with sharp edges.
(4)
Leaking gasoline, oil or other vehicle fluids.
(5)
Upholstery which is torn or open or other conditions of the
vehicle which could permit animal or vermin harborage.
(6)
Exposed battery containing acid.
(7)
Inoperable door or trunk locks.
(8)
Partially or fully disassembled parts which are located on or
near the vehicle.
(9)
Unstable suspension or support of the vehicle.
B.
Vehicles shall be deemed "abandoned" or "junked" under this Part
if the vehicle meets any one of the following criteria:
(1)
The vehicle is not operable and lacks a current inspection sticker.
(2)
The vehicle is not operable and has not been operated for a
period of two consecutive weeks or more.
(3)
The vehicle lacks a current inspection sticker and has not been
operated for a period of two consecutive weeks or more.
F.
Section 304, Exterior Structure, Section 304.14, Insect Screens.
Delete the words, "during the period from [DATE] to [DATE]," and begin
the sentence with the word, "every."
G.
Section 307.2. Disposal of Rubbish. Amend this section to read as
follows:
307.2. Disposal of Rubbish. Both the owner and
occupant of a structure shall be responsible for the disposal of all
rubbish in a clean and sanitary manner by placing such rubbish in
approved containers.
H.
Section 307.3. Disposal of Garbage. Amend this section to read as
follows:
307.3. Disposal of Garbage. Both the owner and
occupant of a structure shall be responsible for the disposal of garbage
in a clean and sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers.
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 § 153-2 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
The Kilbuck Township Secretary shall certify
to the adoption of this chapter, and cause the same to be published
as required by law; and this chapter shall take effect and be in force
from and after its approval as required by law.
