[HISTORY: Adopted by the Council of the Borough of Darby 12-15-1997 by Ord. No. 689, approved 12-15-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 42.
Uniform construction codes — See Ch. 59.
Fire prevention — See Ch. 74.
Garbage, rubbish and refuse — See Ch. 79.
Housing hygiene standards — See Ch. 86.
Nuisances — See Ch. 97.
Oil-burning equipment — See Ch. 101.
Sewers — See Ch. 117.
Dangerous structures — See Ch. 127.
This chapter shall be known as the "Borough of Darby Property Maintenance Code."
A certain document, three copies of which are on file in the Borough of Darby Department of Code Enforcement, located in the Borough of Darby Municipal Building, being marked and designated as the "BOCA National Property Maintenance Code, Fifth Edition, 1996," as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Darby, Delaware County, Commonwealth of Pennsylvania, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Property Maintenance Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with additions, insertions, deletions and changes prescribed in § 110-3 of this chapter.
The following portions of the BOCA National Property Maintenance Code are hereby changed, supplemented and revised as follows:
A. 
In Section PM-101.1, insert "Borough of Darby" at page 1, second line.
B. 
In Section PM-106.2, insert in line three "less than $100," "more than $1,000" and "not to exceed 30."
C. 
Section PM-111.0 is changed by the deletion of the following sections or subsections in their entireties: PM-111.2, PM-111.2.1, PM-111.2.2 and PM-111.2.6; the addition of new Sections PM-111.2, PM-111.2.6 and PM-111.6.3; and the amendment of Sections PM-111.5, PM-111.6 and PM-111.6.1 to read as follows:
PM-111.2 Membership of Board: The Board of Appeals shall be known as the "Appeals Board" and shall be comprised of three persons, appointed by the Borough of Darby Council, with alternating terms.
PM-111.2.6 Compensation of members: Compensation of members shall be determined by the Borough of Darby Council.
PM-111.5 Postponed hearing: Remove "five" and insert "three."
PM-111.6 Board decision: The Appeals Board shall affirm, modify or reverse the decision of the Chief Code Official by a majority vote of three members. Where only two members are present at the hearing, the Board shall concur, modify or reverse the decision only by a unanimous vote of said two members. Otherwise, the Chief Code Official's decision shall be binding upon the Board and the appellant.
PM-111.6.1 Resolution: The decision of the Board shall be by resolution. Copies shall be furnished to the appellant and the Chief Code Official.
PM-111.6.3 Alternative appeal: The alternative appeal process would be for a formal interpretation from the Building Officials and Code Administrators (BOCA). The written request is required to be approved by the Board of Appeals prior to being sent to BOCA. BOCA's formal written interpretation is binding on both the appellant and the Borough.
D. 
Add a new Section PM-112.0, Contractor Registration Requirements.
PM-112.1 Contractor registration requirements: All contractors working in the Borough of Darby are required to conform with Section 123.0 of the Borough of Darby Building Code.[1]
[1]
Editor's Note: See Ch. 59, Uniform Construction Codes.
E. 
Section PM-202.0 General Definitions, is amended to add new definitions, to read as follows:
Estimated cost: Total cost of the work being performed and paid according to contract or agreement. The cost shall include but is not limited to all labor, service, material, equipment (not portable equipment), profit and overhead of projects requiring a permit.
Ordinary repairs: Routine maintenance items, including but not limited to refinishing, painting, papering, carpeting, patching holes, replacing glass panels or screens (not to exceed four feet by four feet), replacement of electrical devices, switches, receptacles, fuses, washers, valve stems, handles, filters and patching or sealing roofs (not hot coating) using material from a five-gallon container or other similar maintenance items.
Permit fee: The permit fee is based on the total cost of work being performed as described in the definition of "estimated cost."
Portable equipment: Any equipment that does not require bolting down, structural support, attachment to track or other type system or direct connection to a ceiling, electrical, exhaust, floor, water or other system. (i.e., equipment such as but not limited to self-contained refrigerators, freezers, filing cabinets, chairs, desks, self-contained cabinets, freestanding shelving, etc.
Reinspection: When a request for a required inspection or violation notice is performed and falls on the reinspection, a reinspection fee will be charged for the third inspection and/or each additional inspection made, until the violation or inspection passes or has been approved.
F. 
Change Section PM-304.3 to insert at the end: "Structures that abut walkways or common driveways in the rear of the property must display street numbers in the same manner as required in front of property."
G. 
Change Section PM-304.7 to delete the last sentence of the paragraph and insert the following: "Roof and floor drain water shall not be discharged into the sanitary sewer or in a manner that creates a public nuisance."
H. 
Section PM-304.15 is amended to add the following:
"April 15" in the first line and "November 1" in the second line.
I. 
Change Section PM-306.0 to read as follows: "Rubbish, Garbage and Recycling."
J. 
Add a new Section PM-306.4, Placement of rubbish and garbage for pickup, to read as follows:
PM-306.4 Rubbish, garbage or bulk trash shall not be placed for pickup until 6:00 p.m. the evening before a scheduled pickup. All empty cans or unacceptable material must be placed behind the front building line by 6:00 p.m. the day of the scheduled pickup. All trash cans must have approved lids.
K. 
Add a new Section PM-306.5, Recycling, to read as follows:
PM-306.5 Recycling: Containers shall not be used for storage of any items other than recyclable materials. Recycling containers do not require lids.
L. 
Add a new Section PM-308.0 Boarding of Properties, to read as follows:
[Amended 4-19-2006 by Ord. No. 723]
Section PM-308.1. Blocking and Boarding:
a.
Boarding-up procedures. No building shall have the windows or doors blocked except to alleviate a dangerous condition which is of temporary nature. A detailed description of the planned work, including specifications of dangerous conditions, the name, address and phone number of the individual responsible for the property and the period of time it will take to correct the condition, must be immediately submitted to the Borough Manager for review and approval.
b.
If boarding is approved, all boarding must be installed inside the building, with all surfaces that face outside painted white. Only in extraordinary circumstances and with the approval of the Borough Manager will boarding be permitted on the outside of the building. The same painting requirements will remain in effect.
c.
Violations and penalties. Any person, firm or corporation who shall violate any provision of this subsection shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or be subject to imprisonment for a term not to exceed 90 days. Every day that a violation of this subsection continues constitutes a separate offense.
M. 
Add a new Section PM-309.0, Fence Requirements, to read as follows:
PM-309.1 Fence requirements: Fence requirements in this section shall be superseded by any regulations more stringent under any federal, state, local or zoning regulations. Permits are required for all fence installations.
PM-309.2 Residential front yard: Only open galvanized chain link fences or post-and-rail type no more than 48 inches high are allowed in any front yard of any lot. Corner property side yards that abut a street are considered front yards.
P-309.3 Residential rear yard: Fences no taller than six feet in height are allowed in a rear yard from the front building line back. Corner property side yards that abut a street are considered front yards.
P-309.4 Commercial and industrial front yard: Only open galvanized chain link fences or post-and-rail-type no more than 48 inches high are allowed in any front yard of any lot. Corner property side yards that abut a street are considered front yards.
PM-309.5 Commercial and industrial rear yard: Fences no taller than eight feet in height are allowed in a rear yard from the front building line back. Corner property side yards that abut a street are considered front yards.
PM-309.6 Institutional front yard: Only open galvanized chain link fences or post-and-rail-type no more than 48 inches high are allowed in any front yard of any lot. Corner property side yards that abut a street are considered front yards.
PM-309.7 Institutional rear yard: Fences no taller than six feet in height are allowed in a rear yard from the front building line back. Corner property side yards that abut a street are considered front yards.
N. 
Add a new Section PM-310.0, Permits, to read as follows:
PM-310.1 Permit required: An application for a required permit under this code or any other code shall be the same as required in Section 107.0 through 107.9 of the Borough of Darby Building Code.[2]
[2]
Editor's Note: See Ch. 59, Uniform Construction Codes.
O. 
Add a new Section PM-311.0, Fee Schedule, to read as follows:
PM-311.1 Fee schedule: A fee schedule for each plan examination, construction permits, occupancy permits, contractor registration, inspections, special inspections, engineering and Borough services shall be paid in accordance with the resolution adopted by Borough Council.
P. 
In Section PM-602.2.1, add the following: "October 1 to May 15."
Q. 
In Section PM-602.3, add the following: "October 1 to May 15."
R. 
In Section PM-702.5, add the following: "All exit signs shall be internally illuminated."
S. 
Delete Section PM-705.5.2 and add a new section to read as follows:
PM-705.5.2 Power source: The power source for smoke detectors shall be an AC primary power source with a monitorized battery backup.
The grant of any permit under this chapter by the Borough or any of its designated officials shall not constitute a representation, guarantee or warranty of any kind by the Borough or any of its officials or employees as to the proper manner, construction or repairs and shall create no liability upon or a cause of action against such public body, officials or employees for any damages or injury that may result pursuant thereto.
[Added 4-19-2006 by Ord. No. 722, approved 4-19-2006]
A. 
Definitions. As used in this section, the following words shall have the following meaning:
OWNER
A person, persons, corporation, or other entity comprising record owner, or owners of any land or building.
PERMITS and/or LICENSES
The use and occupancy permits and licenses issued by the Borough of Darby that are required under the Code of the Borough of Darby and applicable law for the operation of any apartment house, hotel, apartment hotel, boardinghouse, lodging house, single-family rental unit or two-family rental units within the Borough of Darby.
POLICE COMPLAINTS
Complaints filed with the Darby Borough Police Department or any other law enforcement agencies.
PUBLIC DISTURBANCE
Any activity, party, gathering, event, domestic dispute or conduct that involves disorderly conduct as described by the laws of the Commonwealth of Pennsylvania, or other violations of the Pennsylvania Crimes Code.
B. 
Excessive police complaints for public disturbance at rental properties prohibited.
(1) 
The Borough of Darby shall suspend, for one year, the permit and/or license of any apartment house, hotel, apartment hotel, boardinghouse, lodging house, single-family rental unit or two-family rental units that accumulate six police complaints for public disturbance occurring at the apartment house, hotel, apartment hotel, boardinghouse, lodging house, single-family rental unit or two-family rental units and which involve residents, persons residing therein or guests during the preceding year.
(a) 
In the case of apartment houses, hotels, apartment hotels, boardinghouses, lodging houses, or two-family rental units, the suspension shall apply only to each unit that accumulates six police complaints for public disturbance during the licensing year.
(b) 
Whenever a police complaint for public disturbance involving any apartment house, hotel, apartment hotel, boardinghouse, lodging house, single-family rental unit or two-family rental units within the Borough of Darby is cleared by the Darby Borough Police Department, the Darby Borough Police Department shall forward a copy of the complaint to the Code Enforcement Department. The Code Enforcement Department shall maintain a log and file of all such complaints for each property.
(2) 
Before suspending any permits and/or licenses under this section, after three police complaints for public disturbance are received and logged by the Code Enforcement, the Code Enforcement Department shall notify the owner of the property and holder of the license and/or permit, via certified mail, that there have been three police complaints for public disturbance and that after an additional three police complaints for public disturbance, the permits and/or licenses will be suspended for one year.
(3) 
After accumulating six police complaints for public disturbance, the Borough of Darby shall notify the owner, via certified mail, that six police complaints accumulated, and that the permits and/or licenses are suspended, upon verification by the Code Enforcement Department that the property is vacant. Once notified of the six police complaints, the owner shall have seven days to commence eviction proceedings and provide to the Borough of Darby Code Enforcement Department proof of such proceedings and court date. If proof is not shown in seven days, a citation shall be issued on a weekly basis until proof is shown of eviction proceedings. The one-year suspension shall commence after the owner provides proof of the completion of the eviction and the Code Enforcement Department verifies the property is vacant.
[Added 9-20-2006 by Ord. No. 727, approved 9-20-2006]
A. 
No person shall throw, place, keep or permit clothing or laundry of any kind to be dried upon a porch, lawn, stoop, fence, yard, yard furniture, bush or tree. There shall be no drying of clothes or laundry of any kind at the front of any building. Clothing or laundry may only be hung to dry on clotheslines or manufactured clothes-drying trees located in the rear yard of any residence, home, apartment, business or institution of any kind within the Borough of Darby.
B. 
Violation of this section shall be punishable by a fine of $25.