[Amended 9-14-2011 by Ord. No. 1606; 3-27-2013 by Ord. No. 1616; 11-23-2020 by Ord. No. 1664]
The Borough hereby adopts the International Property Maintenance Code, 2018 Edition, as published by the International Code Council, Inc., as the Property Maintenance Code of the Borough of Crafton 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 occupation and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the Borough Office are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 90-11 of this article.
The following sections and subsections of the International
Property Maintenance Code, 2018 edition, are hereby added, inserted,
deleted, restated or changed as set forth below:
A.
Section 101.1: § 101.1, Title, is amended by inserting
"Crafton Borough" in the space provided.
B.
Section 102.3: § 102.3 is restated as follows:
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 Chapter 90, Article I of the Borough of Crafton Code of Ordinances, "Construction Code," as amended. Nothing in this code shall be construed to cancel, modify or set aside any provisions of Chapter 225 of the Borough of Crafton Code of Ordinances, "Zoning", as amended.
C.
Section 103: § 103 is amended by changing the title of
the section to "Department of Code Administration/Building Inspection."
D.
Section 103.1: § 103.1 is restated as follows:
103.1 General. The existing Department of Code
Administration/Building Inspection is charged with the implementation,
administration, and enforcement of the provisions of this code.
E.
Section 103.2: § 103.2 is restated as follows:
103.2 Appointment. The Borough Council shall appoint
a Code Official/Building Inspector who shall be in charge of the Department
of Code Administration/Building Inspection. For the purposes of this
code, the Code Official/Building Inspector shall also be referred
to as the "Code Official." The Borough Council may appoint and contract
with outside persons and entities to serve as subcontractors for the
performance of such portions of the inspection or other duties of
the Code Official as the Borough Council may deem appropriate.
F.
Section 103.5: § 103.5 is restated as follows:
103.5 Fees. The fees for applications and permits
referenced in this code and for the activities and services performed
by the Code Official in carrying out his/her responsibilities under
this code shall be established, from time to time, by resolution of
the Borough Council.
G.
Section 106.3: § 106.3 is amended by restating the last
sentence of the section as follows: "Any action taken by the Borough
in the prosecution of a violation of this code and any costs incurred
by the Borough related thereto shall be charged against the real estate
upon which the violation exists and shall be a municipal lien upon
such real estate."
H.
Section 106.4: § 106.4 is restated as follows:
106.4 Violation penalties. Any person, firm, or
corporation who shall violate any provision of this code, or fail
to comply therewith, or with any of the requirements thereof, upon
conviction thereof in an action brought before the district magistrate
judge in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not less than $300 nor more than $1,000 plus costs,
including reasonable attorney fees incurred by the Borough, and in
default of payment of said fine and costs, to imprisonment to the
extent permitted by law for the punishment of summary offenses. A
separate offense shall arise for each day or portion thereof in which
a violation is found to exist or for each section of the code found
to have been violated. The Borough may also commence appropriate actions
in equity, at law, or otherwise to prevent, restrain, correct, enjoin,
or abate violations of this code. All fines and penalties collected
for violation of this code shall be paid to the Borough Treasurer.
The initial determination of ordinance violation and the service of
notice of violation are hereby delegated to the Borough Manager, the
Police Chief, the Code Official/Building Inspector, the Code Enforcement
Officer, the Zoning Officer and their designees and to any other officer
or agent that the Borough Manager or the Borough Council shall deem
appropriate.
I.
Section 111: § 111, Means of Appeal, is deleted in its
entirety and restated as follows:
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SECTION 111
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MEANS OF APPEAL
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111.1 Application for Appeal. Any applicant or person aggrieved by a decision of the Code Official or a notice or order issued under this code shall have the right of appeal to the Board of Appeals established under Chapter 90, Article I of the Crafton Borough Code of Ordinances, "Construction Code," as amended, provided that a written application for an appeal is filed within 10 days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of the Borough Council. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
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J.
Section 112.4: § 112.4 is restated as follows:
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 considered to be in violation of this code
and subject to the violation penalties under § 106 of this
code.
K.
Section 113: A new § 113, "Rental Property Inspection Permit,"
is hereby inserted as follows:
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SECTION 113
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RENTAL PROPERTY INSPECTION PERMIT
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113.1 General. A rental property inspection permit,
certifying that the use and structure is in compliance with this code
and all other ordinances of the Borough, shall be obtained before
any change of occupancy may occur in a residential property let for
occupancy, as defined in § 202 of this code. Prior to occupying
the building in which the change in occupancy is established, the
property owner or lessee shall be required to make application for
a rental property inspection permit.
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113.2 Permit Application. Applications for a rental
property inspection permit shall be submitted to the Code Official.
This application shall include, among other things, the current address
and telephone number of the property owner and the property manager,
if any.
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113.3 Issuance of Permit and Inspection. Prior
to the issuance of a permit under this section, and as a condition
precedent thereto, the Code Official, or his/her designee, shall inspect
the premises and structure that is the subject of the change in occupancy.
The Code Official shall issue a permit under this section once it
has been determined that the subject premises and structure are in
compliance with this code and all other ordinances of the Borough.
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113.4 Notice of Change in Occupancy to Borough. In order to facilitate the inspection required by this section,
the property owner shall notify the Code Official at least 30 days
prior to any change in occupancy.
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113.5. Notice of Change in Ownership. The current
property owner shall notify the Code Official at least 30 days prior
to any change in ownership or ownership structure of the subject property,
and at that time provide the Code Official with the new/proposed property
owner's address and telephone number. This notice of change of ownership
shall be a condition of any permit issued under this section.
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113.6 Notice of Property Owner Change of Address. The property owner shall notify the Code Official at least 30 days
prior to property owner's change of address or telephone number, and
shall at that time provide the Code Official with the property owner's
new address or telephone number. This notice of change of address
shall be a condition of any permit issued under this section.
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113.7 Display of Permit. Any permit issued under
this section shall be exhibited at any time on request of the Code
Official, or his/her designee.
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113.8 Revocation of Permit. Any property owner
or lessee violating this section shall be subject to immediate revocation
of his/her rental property inspection permit.
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113.9 Enforcement Remedies. Any person who violates
a provision of this section shall be subject to the violation penalties
set forth in § 106 of this code. Additionally, the Borough
may direct the municipal water agency, authority or company or public
authority providing public water service in the Borough to cease water
service to the subject property until compliance with this code and
all other applicable Borough ordinances is achieved.
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L.
Section 201.3: § 201.3 is amended by deleting the reference
to the "International Zoning Code" in the section.
M.
Section 202: § 202 is amended by adding the following definition:
JUNK VEHICLE. Any vehicle which is without a currently valid
license plate or state registration and/or is in a rusted, wrecked,
discharged, dismantled, partly dismantled, inoperative, or abandoned
condition, and/or for which the certificate of title has been returned
to the Pennsylvania Department of Transportation in accordance with
the provision of the State Vehicle Code, 75 Pa.C.S.A. § 101
et. seq., and/or which by its appearance is unsightly and not in repairable
condition, and/or which had been declared abandoned according to the
provisions of the State Vehicle Code. Where a certificate of junk
has been issued by the Pennsylvania Department of Transportation,
such certificate shall be conclusive evidence that the subject vehicle
is a junk vehicle; however, where no such certificate has been issued
or applied for, the failure to have the vehicle licensed shall be
prima facie evidence that the subject vehicle is a junk vehicle.
N.
Section 301: § 301 is amended by inserting a new Section
301.4 as follows:
301.4 Lead-based paint. Lead-based paint with a
lead content of more than 0.5% shall not be applied to any interior
or exterior surface of a dwelling, dwelling unit, or child care facility,
including fences and outbuildings at these locations. Existing interior
and exterior painted surfaces of dwelling units and child care facilities
that contain lead paint with a lead content of more than 0.5% shall
be removed or covered with paneling or other suitable covering approved
by the Code Official.
O.
Section 302.4: § 302.4 is amended by restating the first
paragraph of the section as follows:
302.4 Weeds. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of six
inches and shall be landscaped so as to have either grass or other
form of approved ground cover, growing or artificial or maintained
in its natural state. 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. Landscaping shall not include any
plants documented on the Pennsylvania DCNR "Invasive Plants in Pennsylvania"
list, including but not limited to bamboo plants. The planting of
hardy indigenous species is encouraged.
P.
Section 302.8: § 302.8 is amended by adding the following
sentences at the end of the first paragraph: "No junk vehicle shall
be stored outside any private or public property, including vacant
lots, streets, or alleys in the Borough."
Q.
Section 304.3: § 304.3 is amended by restating the section
as follows:
304.3 Premises and Identification. All premises
with any structures erected thereon shall have approved address numbers
placed in a position to be plainly legible and visible from the street
or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be not less than four inches (102 mm) in height with
a minimum stroke width of 0.5 inch (12.7 mm).
R.
Section 304.14: § 304.14 is amended to insert "June 1"
for the first reference of [DATE] and "September 30" for the second
reference of [DATE].
S.
Section 308.1: § 308.1 is amended and restated as follows:
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308.1 Accumulation of Rubbish, Garbage or Other Materials. All exterior property and premises, including accessory buildings,
shall be free from the accumulation or storage of the following:
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A.
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Rubbish or garbage, including any such accumulation or storage
in the interior of any structure.
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B.
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Commercial, industrial, or building materials, except when such
materials are for the purpose of rehabilitating any building or structure
on the subject premises.
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C.
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Scrap material of any kind, any old scrapped or used appliances,
fixtures, automobile parts, machinery and machinery parts and/or other
similar material or any other form of discarded or unused or unusable
materials (including building materials) which by their appearance
are unsightly
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T.
Section 404.5: § 404.5 is deleted in its entirety and restated
as follows:
404.5 Overcrowding. The number of persons occupying
a dwelling unit shall not create conditions that, in the opinion of
the Code Official, endanger the life, health, safety or welfare of
the occupants.
U.
Section 404.5.1: § 404.5.1 is deleted in its entirety.
V.
Section 404.5.2: § 404.5.2 is deleted in its entirety.
W.
Section 602.3: § 602.3 is amended to insert "October 1"
for the first reference of [DATE] and "May 1" for the second reference
of [DATE].
X.
Section 602.4: § 602.4 is amended to insert "October 1"
for the first reference of [DATE] and "May 1" for the second reference
of [DATE].
When the provisions of this chapter are in conflict with other
sections of the Crafton Borough Code of Ordinances or any other ordinances
of the Borough or any other applicable codes, the more stringent code,
ordinance or regulation shall apply.
If any section, subsection, sentence, clause or provision of
this article or the code adopted hereunder is found to be invalid,
such decision or decisions shall not affect the validity of the remaining
portions of this article or the remaining portions of the code adopted
hereunder.
