The Council of the City of Latrobe hereby adopts and incorporates
in its Code of Ordinances by reference the International Property
Maintenance Code of 2012 (hereinafter "the Property Code") in its
entirety, which shall include, but not be limited, to Chapter 8, Referenced
Standards. The Property Code adopted herein is subject to those amendments,
changes or deletions hereinafter set forth.
[Added 9-12-2022 by Ord. No. 2022-6]
A.
It is
the intent of the City to establish minimum rules and regulations
governing the condition and maintenance of all properties, buildings
and structures, and to provide the standards for supplied utilities
and facilities and other physical things and conditions essential
to ensure that properties, buildings and structures are safe, healthy,
sanitary and fit for occupancy and use, and to provide for the condemnation
and demolition of buildings and structures unfit for human occupancy
and use, including administration, permitting and penalties.
B.
It is
also the City's intent to specifically establish a vacant or abandoned
residential property program as a mechanism to protect the City from
becoming blighted through the lack of adequate maintenance and security
of abandoned properties.
The Property Code herein adopted by reference in this chapter
is amended to include the following new provisions:
A.
There shall be added to Part 2, Administration and Enforcement, the
following sections:
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104.7 Inspection of properties allegedly in violation
of the Property Code, vacant properties or abandoned properties; intent.
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The Code Officer, from time to time, may become aware of properties
which are in violation of the Property Code, or are vacant or abandoned,
and which may have Property Code violations that result in health
and safety hazards to citizens of the community. These health and
safety hazards include, but are not necessarily limited to, roof water
leakage causing deterioration to the structural components which may
result in ultimate collapse; infestation by vermin and other disease-carrying
animals; deterioration of the electrical system which may lead to
a potential fire hazard; deterioration of the plumbing system which
may lead to water leakage and other types of deterioration; and accumulation
of garbage and debris by unintended occupants of the structure. For
these reasons, an important component of the Property Code is the
ability of the City, by and through its designee, to perform inspections
based upon receipt of complaints from third parties.
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104.8 Inspection initiated by complaint.
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If the City shall receive a complaint from a third party which
the City reasonably believes sets forth a Property Code violation
or violations of the interior or exterior of an occupied or vacant/abandoned
property (the "subject property"), which said violations are set forth
in this chapter, then, and in that event, the City, by and through
its designee, shall, based upon the City's reasonable belief of the
existence of the violation, inspect the subject property. If the owner
or occupant of such property refuses to grant permission for this
inspection, or if the owner or occupant of such property cannot be
located, then, and in that event, the City, by and through its designee,
shall seek the right to inspect the subject property based upon the
issuance of an administrative warrant for inspection by a neutral
District Justice according to the procedures hereinafter set forth.
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104.9 Procedure for issuance of administrative warrant
for inspection.
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The following procedure will be followed by the City, by and
through its designee, for the issuance of an administrative warrant
for inspection:
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1.
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Inspection based upon third party complaint. If the owner or
occupant of the subject property refuses to permit an inspection,
or if an owner or occupant of the subject property cannot be located,
the City, by and through its designee, may seek an administrative
warrant for inspection and shall submit the following information,
by affidavit, in support of the warrant;
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(i)
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That the City reasonably believes that the subject property
is in violation of the Property Code or is vacant and/or abandoned;
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(ii)
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That the City has a valid ordinance provision authorizing the
City to seek the inspection;
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(iii)
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The date of the last inspection of the subject property, if
any;
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(iv)
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The attempts by the City to locate the owner and seek permission
from the owner to make the inspection;
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(v)
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The area(s) of the land and/or structure to be inspected; and
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(vi)
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The purpose of the inspection which would be to determine if
the property has code violations as described by the third party complaint
and whether the property/structure is in compliance with the provisions
of this chapter.
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2.
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If the owner of a premises cannot be located, the administrative
warrant for inspection shall provide for forcible entry by the least
intrusive means possible.
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104.10 Violation; correction for compliance.
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In the event that the vacant or abandoned property is not in
compliance with the then-existing housing standards code, any deficiencies
shall be noted on an inspection form and provided to the last known
owner, if the owner can be located, and posted on the property. The
notice will advise the last known owner of the time by which to correct
the violation(s), with a minimum time for correction being no less
than seven days and the maximum time for correction being no more
than 30 days.
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1.
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If the subject property is not brought into compliance with
this chapter within the specified time, then, and in that event, the
City, by and through its designee, shall use reasonable means to attempt
to contact the last known owner, if possible, and inform the last
known owner that he, she or it must secure the violating structure
situate upon the subject property according to the provisions of this
chapter. If the owner does not so secure the structure as requested,
then, and in that event, the City may take steps to secure the structure
according to the provisions of this chapter with costs to be billed
to the property owner, and, if not paid, to be liened against the
property. If the City designee determines that the existing structure,
or portion thereof is so substandard that the condition(s) pose a
serious threat to the health, safety and welfare to members of the
community, then, and in that event, the City designee shall order
that the structure be removed or demolished with costs of the same
to be accessed against the property and billed to the last known owner,
and liened against the property if unpaid. If the Code Officer determines
that more immediate action is required because of a hazard to the
general public's health and safety, or if there is actual imminent
danger of failure or collapse of the building or structure or any
part thereof when any structure or part thereof has fallen and life
is endangered by occupation of the building structure, the code officer
may enter an order for the immediate demolition of property. In the
event that the property owner is unavailable or fails to take immediate
action to demolish the property upon the issuance and receipt of this
order, the Code Officer is authorized to proceed to cause the structure
to be vacated, demolished, cleaned up, with the costs billed to the
property owner and leaned against the property if unpaid.
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2.
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Any person who shall violate a provision of this subchapter
shall, upon conviction thereof, be subject to a fine of not less than
$25, nor more than $1,000 and/or imprisonment for a term not to exceed
90 days, or both, at the discretion of the court. Each day that a
violation continues to occur after due notice has been served shall
be deemed a separate offense. In addition, the Code Officer or other
City designee may seek such other relief as may be available in a
civil action, or in equity, to address a violation of this chapter.
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104.11 Exemption from inspection.
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Any property which is inspected, from time to time by any governmental
agency, including but not limited to the Department of Housing and
Urban Development, shall be exempt form the inspection provisions
of this chapter.
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B.
CELLAR
BOARD OF APPEALS
BUILDING
There shall be added to the definitions found in the Property Code,
Section 202, General Definitions, the definition of the words "cellar,"
"Board of Appeals," and "building," as follows:
A portion of a building located partly or wholly underground
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
The Code Enforcement Board established under the Code of
Ordinances of the City of Latrobe.
Any roofed man-made object having an ascertainable stationary
location on or in land or water, whether or not affixed to the land,
shall be considered an enclosed building if all exterior walls are
solid except for fixed, closed or operable windows and doors.
C.
The Property Code, Section 404.4.4, Prohibited occupancy, be and
is hereby amended to read as follows:
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Kitchens and uninhabitable stations shall not be used for sleeping
purposes. No cellar space shall be used as a habitable space or dwelling
unit. No basement space shall be used as a habitable space or dwelling
unit unless:
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(1)
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The floor and walls are impervious to leakage of underground
and surface runoff water and are insulated against dampness.
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(2)
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The total window area in each room is equal to at least the
minimum window area sized as required in Section 404.
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(3)
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Such required minimum window area is located entirely above
the grade of the ground adjoining such window area.
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(4)
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The total openable window area in each room is equal to at least
the minimum required under Section 404, except where there is supplied
some other device affording adequate ventilation and approved by the
Code Enforcement Officer.
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D.
The Property Code, Section 108.6, Abatement methods, be and the same
is amended to read as follows:
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Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the Code Enforcement Officer shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. If a person ordered by the Code Enforcement Officer to abate or prevent a public nuisance refuses to comply with the provisions of this chapter or neglects to do so within the time specified in the order, then, unless the order shall have been suspended by appeal to the Court under the procedures outlined in the Code of Ordinances, Chapter 98, § 98-7, Hearings by Council; Court appeals, the Code Enforcement Officer may execute the order; or if the nuisance continues to exist, the Code Enforcement Officer, at the direction of the Council, may remove such nuisance. If the removal of the nuisance requires grading, paving or repaving of alleys or any similar work upon property within Latrobe or any other work or service that may best be performed or contracted for by the agencies and employees of Latrobe, then the Council may authorize the removal of the nuisance by said agencies.
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In any case where the nuisance is abated or prevented by the
agencies of Latrobe or any cost is incurred by Latrobe in the removal
or prevention of the nuisance or Latrobe makes corrections to comply
with the provisions of this chapter, the costs and expenses shall
be charged to the person or persons responsible in their property
proportions. Upon nonpayment of such charges,
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Latrobe may file a lien upon the affected premises in the name of and for the use of Latrobe as provided by law for municipal claims, in addition to the other remedies available for the collection of debts under the laws of the Commonwealth of Pennsylvania. The lien shall attach as of the time the work has commenced, which shall be fixed by a certificate of the Code Enforcement Officer and filed with the Secretary. This provision for removal of the nuisance shall be in addition to any other penalty for violating this chapter as contained in Chapter 98, § 98-10, Violations and penalties.
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The Council of the City of Latrobe does hereby further amend
the Property Code hereinabove adopted as follows:
A.
The Property Code, Chapter 7, Fire Safety Requirements, Section 704,
currently reads "Fire Protection Systems." The title of this section
be and the same is hereby amended to read "Fire and Safety Protection
Systems."
B.
Chapter 7, Subsection 704.2, Smoke alarms, be and is hereby amended
to read as follows:
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704.2 Smoke and carbon monoxide protection alarms.
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Single- or multiple-station smoke alarms shall be installed
and maintained in Group R or I-1 occupancies, regardless of occupant
load at all of the following locations:
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1.
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On the ceiling or wall outside of each separate sleeping area
in the immediate vicinity of the bedrooms.
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2.
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In each room used for sleeping purposes.
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3.
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In each story within a dwelling unit, including basements and
cellars but not including crawl spaces and uninhabitable attics. In
dwelling or dwelling units with split levels and without an intervening
door between the adjacent levels, a smoke alarm installed on the upper
level shall suffice for the adjacent lower level, provided that the
lower level is less than one full story below the upper level.
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4.
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Carbon monoxide alarms/protection. The provisions of the Carbon
Monoxide Alarms Standards Act (Act No. 121 of 2013, effective June,
2014)[1] are hereby incorporated by reference.
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[1]
Editor's Note: See 35 P.S. § 7221 et seq.
C.
Section 101, General, Subsection 101.2, Scope, be and the same is
hereby amended to read as follows:
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101.2 Scope. Unless set forth differently in any
state, federal or local statute or ordinance, the provisions of this
code shall apply to all existing residential and nonresidential structures
and all existing premises and constitute minimum requirements and
standards for premises, structures, equipment and facilities for light,
ventilation, space, heating, sanitation, protection from the elements,
life safety, safety from fire and other hazards, and for safe sanitary
maintenance; the responsibility of owners, operators, and occupants;
the occupancy existing structures and premises, and for administration,
enforcement and penalties.
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D.
Section 102.3, Application of other codes, be and the same is hereby
amended to delete the term "International Zoning Code" and in its
place substitute "the City of Latrobe Zoning Ordinance."
E.
Section 103.5, Fees, be and the same is hereby amended to read as
follows:
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103.5 Fees. The fees for activities and services performed by the Department in carrying out its responsibilities under this code shall be set forth in Chapter 3, Administrative Code, § 3-48, Fee schedules, Schedule B, Code and Zoning Fees, to add as item No. 10, Property Maintenance Code fees, as follows:
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a)
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Administrative fee of 15% calculated on the aggregate costs/fees
to remedy a Property Maintenance Code violation.
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b)
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Fee of $600 paid to the City of Latrobe for appeal under the
Property Maintenance Code.
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F.
Section 106, Violations, Subsection 106.3, Prosecution of violation,
be and the same is hereby amended to read as follows:
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106.3 Prosecution of violation. Any person failing
to comply with a notice of violation or order served in accordance
with Section 107 shall be deemed guilty of a misdemeanor and/or civil
infraction. The violation shall be deemed a strict liability offense.
If the notice of violation is not complied with, the Code Official
shall have available to him/her any and all remedies, either criminal
or civil, at law or in equity, including but not limited to:
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(i)
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The filing of a non-traffic citation or private criminal complaint
which shall, if the defendant is found guilty, incur to the defendant
a fine in the amount of $600.
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(ii)
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If the notice of violation is not complied with, the Code Officer
may also, currently or additionally, institute the appropriate proceeding
at law or 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 the code or of the
order or direction made pursuant thereto. Any action taken by the
authority having jurisdiction on such premises shall be charged against
the real estate upon which the structure is located and shall be a
lien upon such real estate.
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(iii)
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The grading of the non-traffic citation or private criminal
complaint for failure to comply with a notice of violation shall,
for the first two offenses for the same property, be a summary offense
carrying a penalty not to exceed that prescribed for summary offenses
by law. However, if the Code Officer is required to serve notice to
a property owner of violation under the Maintenance and Property Code,
and said notice of violation is the third or greater violation for
the same property within a twelve-month period, then, in that event,
the violation shall be deemed to be a summary offense, conviction
on which or pleading guilty to which shall result in a fine not to
exceed $600 for each violation.
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G.
Section 401, General, Subsection 401.1, Scope, be and the same is
hereby amended to read as follows:
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The provisions of this chapter shall govern the minimum conditions
and standards of light, ventilation and space for occupying a structure/building.
The International Property Maintenance Code is not intended to govern
bodies of temporary facilities for the purpose of residential occupancy.
Occupancy is prohibited for such temporary facilities as tents, recreational
vehicles or any other type of movable or removable facility that is
not built or constructed in a stationary location. The above is not
intended to be inclusive of all temporary facilities. Further, any
other ordinance in the Code of Ordinances of the City of Latrobe which
may be stricter in terms of application regarding this issue shall
take precedence over this provision.
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H.
Chapter 1, Section 112.4, Failure to comply, be and the same is hereby amended to read as follows:
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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 such violation
or unsafe conditions, shall be liable to a fine of not more than $600.
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I.
Chapter 3, Section 302, Exterior Property Areas, Subsection 302.4, Weeds, first paragraph be and the same is hereby amended to read as follows:
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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.
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J.
Chapter 3, Section 304, Exterior Structure, Subsection 304.7, Roofs and drainage, be and the same is hereby amended to delete from this subsection the last sentence which reads, "Roof water shall not be discharged in a manner that creates public nuisance."
K.
PUBLIC NUISANCE
Chapter 2, Section 202, General Definitions, be and the same is hereby
amended to add the following definition of "public nuisance."
Any nuisance condition that affects those areas of the public
rights-of-way and/or publicly owned property. A nuisance which is
created by a private property owner(s) that affects the private property
rights of another property owner(s) shall not be deemed to be a public
nuisance.
L.
Chapter 3, Section 303.2, Enclosures, is hereby amended to add the following:
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Exception No. 1: Spas or hot tubs with a safety cover that complies
with ASTM F 1346 shall be exempt from the provisions of this section.
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Exception No. 2: All swimming pools, hot tubs or spas constructed
after the effective date of this chapter shall be governed by the
Uniform Construction Code of Pennsylvania as it relates to enclosures.
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M.
Chapter 3, Section 304, Exterior Structure, Subsection 304.14, Insect screens, be and the same is hereby amended to add the dates of "June 30 to September 30."
N.
Chapter 3, Section 308, Rubbish and Garbage, Subsection 308.1, Accumulation of rubbish or garbage, be and the same is hereby amended to read as follows:
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308.1 Accumulation of rubbish or garbage. All exterior
property and premises, and to the extent that it creates a public
nuisance or health safety and sanitation issue, the interior of every
structure shall be free from any accumulation of rubbish or garbage.
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O.
Chapter 3, Section 308, Rubbish and Garbage, Subsection 308.2, Disposal of rubbish, be and the same is hereby amended to read as follows:
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308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers on the day established by the sanitation for the City. Failure to remove rubbish as prescribed herein shall subject an individual to the violation provisions and penalties as set forth in Chapter 1, Section 106, of this Property Code. The Code Officer may cause accumulated rubbish or garbage which, in his/her opinion, is a public nuisance to be removed from the premises and disposed of at the City transfer station with the cost of removal and disposal to be paid by the owner of the property.
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P.
Chapter 3, Section 309, Pest Elimination, Subsection 309.1, Infestation, be and the same is hereby amended to read as follows:
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309.1 Infestation. All structures shall be kept
free from insect and rodent infestation. There are certain accumulation(s)
on the exterior of structures which in and of themselves do not create
a public nuisance. However, to the extent that the accumulation of
materials on the exterior of the property does create or increase
the occurrence of insects and rodents upon said property, the same
shall be deemed to be a public nuisance and will be removed by the
property owner. By way of illustration, a pile of firewood if allowed
to remain over a period of time may generate termites. Compost piles
not properly treated may generate odors. All structures in which insects
or rodents are found shall be promptly exterminated by approved processes
that will not be injurious to human health. After pest elimination,
proper precautions shall be taken to prevent reinfestation.
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If the Code Officer deems a public nuisance to exist, the Code Official shall serve a notice of violation and the property owner shall be subject to the penalties as set forth in Chapter 1, Section 106, Violations.
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Q.
Chapter 6, Section 602, Heating Facilities, Subsection 602.3, Heat
supply, is hereby amended to add the following dates in the first
paragraph, "from September 1 through May 30."
R.
Chapter 6, Section 602, Heating facilities, Subsection 602.4, Occupiable
work spaces, be and the same is hereby amended to add the following
dates in the first paragraph, "from September 1 through May 30."
The Council of the City of Latrobe does hereby further amend
the Property Code hereinabove adopted by deleting the following provisions:
A.
Chapter 3, Section 302, Exterior Property Areas, Subsection 302.9, Defacement of property, be and the same is hereby deleted in its entirety.
B.
Section 304-18, Building security, be and the same is hereby amended
to delete from this provision the word "doors." Further, Section 304.18.1,
Doors, be and the same is hereby deleted in its entirety. Lastly,
Section 304.18.2, Windows, is hereby renumbered to Section 304.18.1,
and Section 304.18.3, Basement and Hatchways, be and is hereby renumbered
to Section 304.18.2.
