Township of Upper Uwchlan, PA Chapter 137 Property Maintenance

[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Uwchlan 11-18-2013 by Ord. No. 2013-04. Amendments noted where applicable.]

§ 137-1 Adoption of code.

A certain document, three copies of which are on file in the office of the Township Secretary of Upper Uwchlan Township being marked and designated as the International Property Maintenance Code (IPMC), 2009 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Upper Uwchlan Township, in the State of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of Upper Uwchlan Township are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, deletions and changes, if any, prescribed in § 137-2 of this chapter.

§ 137-2 Additions, deletions and changes.

[Amended 1-19-2016 by Ord. No. 2016-01]

The following sections of the IPMC are revised by inserting the bolded text, to read as follows:

101.1 Title.	These regulations shall be known as the International Property Maintenance Code of Upper Uwchlan Township, hereinafter referred to as "this code."
103.5 Fees.	The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the Schedule of Fees.
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 less than $100 or more than $500.
302.4 Weeds.	All premises and exterior property shall be maintained free from weeds or plant growth in excess of 18 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.
302.10 Bamboo.	302.10(A) Purpose.
	The purpose of this section is to control the planting, growing or cultivating of bamboo in Upper Uwchlan Township so as to prevent its spread onto public rights-of­way and/or neighboring properties and waterways. Therefore, it is the intent of this section to ensure that invasive growth of bamboo does not become a threat to the public health, safety and welfare of the residents of Upper Uwchlan Township.
	302.10(B) - Definitions.
	BAMBOO. Any monopodial (running) tropical or semitropical grass of the genus Sasa, Pseudosasa and Pleioblastus, Phyllostachys, including common bamboo, golden bamboo and arrow bamboo ("running bamboo").
	BAMBOO OWNER. Any property owner or resident who has planted and/or grows bamboo, or who maintains bamboo on the property, or who permits bamboo to grow or remain on the property even if the bamboo has spread from an adjoining property.
	RIPARIAN BUFFER. Any area comprised of one or more of the following:
	A.	Any area within 75 feet of the bank of any stream;
	B.	Any wetlands and any area within 25 feet of any wetland; and
	C.	Any area of hydric soil.
	TOWNSHIP. Upper Uwchlan Township.
	302.10(C). General provisions.
	1.	After the effective date of this section, bamboo shall not be planted within 100 feet of a property line, edge of pavement or traveled portion of a public roadway or within a riparian buffer.
	2.	Any bamboo owner whose property contains bamboo on the effective date of this section shall remove and abate the growth of bamboo that has grown within 40 feet of a property line, edge of pavement or traveled portion of a public road, or within a riparian buffer.
	3.	Each bamboo owner shall be responsible to ensure that bamboo planted or growing on his or her property does not encroach or grow closer than 40 feet of a property line, edge of pavement, traveled portion of a public road, or within a riparian buffer.
	302.10(D). Complaint, notice, removal, violations and penalties.
	1.	Whenever a complaint is received by the Township regarding the encroachment of bamboo in violation of this section, or if the Township's observations and inspections determine that there is encroachment of bamboo in violation of this section, the Township shall give written notice to the bamboo owner to remove, cut or trim the offending bamboo in accordance with the requirements of § 302.10(C).
	2.	Any violation of this section shall be handled in accordance with § 106 (Violations) and § 107 (Notices and Orders) of the International Property Maintenance Code (IPMC), 2009 Edition, adopted as the Property Maintenance Code of Upper Uwchlan Township pursuant to § 137-1 of the Code of the Township of Upper Uwchlan.
304.14 Insect screens.	During the period from May 1 to September 15, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
	Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
602.3 Heat supply.	Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 15 to April 15 to maintain a temperature of not less than 68°F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.
	Exceptions:
	1.	When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
	2.	In areas where the average monthly temperature is above 30° F. (-1° C.) a minimum temperature of 65° F. (18° C.) shall be maintained.
602.4 Occupiable work spaces.	Indoor occupiable work spaces shall be supplied with heat during the period from October 15 to April 15 to maintain a temperature of not less than 65° F. (18° C.) 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.