[HISTORY: Adopted by the Borough Council
of the Borough of Wilkinsburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-28-1976 by Ord. No. 2038]
As used in this chapter, the following terms
shall have the meanings indicated:
Any retail, manufacturing, wholesale, institutional religious,
governmental or other nonresidential establishment, whether or not
in operation.
The Officials of the Borough of Wilkinsburg authorized to
administer and enforce this chapter.
Every street, way or place of whatever nature, open to the
use of public as a matter of right for purposes of vehicular traffic.
The term "highway" shall not be deemed to include a roadway or driveway
upon grounds owned by private persons or other institutions or parking
lots operated by the Public Parking Authority of Wilkinsburg.
Includes the singular and the plural and shall mean any person,
firm partnership, association, corporation, company or organization
of any kind.
All property owners, tenants and agents of business
establishments situated in the Borough of Wilkinsburg are hereby required
to keep sidewalks, driveways, lots, parking areas, loading areas and
entranceways adjacent to their business establishment, from the building
line to the curb, clean and free of debris, trash, rubbish, garbage
and other litter, Monday through Saturday between the hours of 9:00
a.m. and 5:00 p.m. and/or during the hours of operation of the business
establishment; provided, however, that this shall not prohibit the
storage of any debris, trash, rubbish, garbage and other litter in
an approved receptacle for collection purposes.
The code enforcement officers of the Borough
of Wilkinsburg and/or police officers of the Borough of Wilkinsburg
shall have the duty and authority to enforce the provisions of this
chapter. The code enforcement officers and/or police officers in the
performance of their duties shall have the authority to institute
summary criminal proceedings and issue citations as a means of enforcing
the provisions of this chapter.
A.
Penalties for the violation of this chapter shall
be as follows:
(1)
First offense: Notice of violation delivered in person
or sent by registered or certified mail to the person so charged.
(2)
Second offense: A fine not to exceed $50 and, in default
of payment of the fine and costs, imprisonment for a period not to
exceed five days.
(3)
All subsequent offenses: A fine not to exceed $1,000
and, in default of payment of the fine and costs, imprisonment for
a period not to exceed 30 days.
[Amended 11-30-1994 by Ord. No. 2472]
B.
A separate offense shall be deemed committed upon
each calendar day during or on which a violation occurs or continues.
C.
The Borough
may institute proceedings under this section by the issuance of a
"notice of violation letter," assessing a civil penalty ranging from
$10 to $1,000 for each offense, and provide the parties in violation
of said Code section the opportunity to abate the violation and pay
said civil penalty in lieu of the institution of proceedings and the
imposition of the other stated penalties set forth herein.
[Added 5-9-2012 by Ord. No. 2892]
[Adopted 3-7-2001 by Ord. No. 2641]
That the basic code published by the International
Code Council, Inc., designated as "1998 International Property Maintenance
Code," future supplements and amendments, and new editions, are hereby
adopted by reference, with the same effect as if fully and at large
set forth herein, by the Borough of Wilkinsburg, Pennsylvania, as
hereinafter amended by this chapter.
Chapter 1, Administration, of the code hereby adopted is amended and changed in the following respects:
A.
Section 101.1, Title, shall read as follows:
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Section 101.1 Title.These regulations
shall be known as the "Property Maintenance Code of the Borough of
Wilkinsburg," hereinafter referred to as "this code."
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B.
Section 103.1 General. This code shall be enforced
by the Director of Code Enforcement or his designee.
C.
Section 103.5, Fees, shall be amended as follows:
[Amended 8-3-2011 by Ord. No. 2871]
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Section 103.5 Fees. The fees for
activities and services performed by the department in carrying out
its responsibilities under this code shall be as established by Borough
Council by resolution.
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D.
Section 106.4, Violation penalties, shall be amended
to read as follows:
[Amended 5-9-2012 by Ord. No. 2892]
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Section 106.4 Penalty. Any person
who shall violate a provision of the code shall, upon conviction thereof,
be subject to a fine of not less than $100 or more than $500 or imprisonment
for a term not to exceed 30 days, or both, at the discretion of the
court. Each day that a violation continues after due notice has been
served shall be deemed a separate offense. The Borough may institute
proceedings under this section by the issuance of a "notice of violation
letter," assessing a civil penalty ranging from $10 to $1,000 for
each offense, and provide the parties in violation of said Code section
the opportunity to abate the violation and pay said civil penalty
in lieu of the institution of proceedings and the imposition of the
other stated penalties set forth herein.
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E.
Section 108.2, Closing of vacant structures, shall
be changed to read as follows:
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Section 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy
and is not in danger of structural collapse, the Code Official is
authorized to post a placard on the premises and order the structure
closed up so as not to be an attractive nuisance. Upon failure of
the owner to close up the premises within the time specified in the
order, the Code Official may cause the premises to be closed through
any available public agency or by contract or arrangement by private
persons, and the cost thereof shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate.
[Amended 2-3-2016 by Ord.
No. 2946] |
F.
Section 110.3, Failure to comply, shall be changed
to read as follows:
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Section 110.3 Failure to comply. If the owner of premises fails to comply with a demolition order
within the time prescribed, the Code Official may cause the structure
to be demolished and removed, either through an available public agency
or by contract or arrangement with the private persons, and the cost
of such demolition and removal shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate.[1]
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[1]
Editor’s Note: The following subsections, all of which
followed this subsection, were repealed 2-3-2016 by Ord. No. 2946:
Subsection G, Section 111.1, Application for appeal, as amended; Subsection
H, Section 111.1.1, Appeal fee; Subsection I, Section 111.2, Membership
of board, added 8-3-2011 by Ord. No. 2871; Subsection J, Section 111.2.1,
Alternate members, added 8-3-2011 by Ord. No. 2871; Subsection K,
Section 111.2.2, Chairman, added 8-3-2011 by Ord. No. 2871; Subsection
L, Section 111.2.3, Disqualification of member, added 8-3-2011 by
Ord. No. 2871; Subsection M, Section 111.2.4, Secretary, added 8-3-2011
by Ord. No. 2871; Subsection N, Section 111.2.5, Compensation of members,
added 8-3-2011 by Ord. No. 2871; Subsection O, Section 111.3, Notice
of meeting, added 8-3-2011 by Ord. No. 2871; Subsection P, Section
111.4, Open hearing, added 8-3-2011 by Ord. No. 2871; Subsection Q,
Section 111.4.1, Procedure, added 8-3-2011 by Ord. No. 2871; Subsection
R, Section 111.5, Postponed hearing, added 8-3-2011 by Ord. No. 2871;
Subsection S, Section 111.6, Board decision, added 8-3-2011 by Ord.
No. 2871; Subsection T, Section 111.6.1, Records and copies, added
8-3-2011 by Ord. No. 2871; Subsection U, Section 111.6.2, Administration,
added 8-3-2011 by Ord. No. 2871; Subsection V, Section 111.8, Stays
of enforcement, added 8-3-2011 by Ord. No. 2871.
Section 302.4 shall read as follows:
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Section 302.4: Premises and exterior property shall
be maintained free from weeds or plant growth in excess of 12 inches.
Noxious weeds shall be prohibited. Weeds shall be defined as all grasses,
annual plants and vegetation, other than trees or shrubs; provided,
however, that 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, in case any owner or occupant
shall neglect, fail or refuse to comply with such notice within the
period of time stated therein, the Borough authorities may remove,
trim or cut such grass, weeds or other vegetation, and the cost thereof,
with an additional amount of 10%, may be collected by the Borough
from such owner or occupant in the manner provided by law.
[Added 2-3-2016 by Ord.
No. 2946] |
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Section 303.15, Insect screens, shall read as
follows:
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Section 303.15 Insect screens: During
the period from May 15 to September 30, every door, window and other
outside opening utilized or required for ventilation purposes serving
any structure containing habitable rooms, food preparation areas,
food service areas or any areas where products to be included or utilized
in food or human consumption are processed, manufactured, packaged
or stored, shall be supplied with approved tightly fitting screens
of not less than 16 mesh per inch, and every swinging door shall have
a self-closing device in good working condition.
[Amended 2-3-2016 by Ord.
No. 2946] | |
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Section 307.1 Handrails and guardrails, shall read as follows:
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Section 307.1 Handrails and guardrails: Every exterior
and interior flight of stairs having more than four risers shall have
a handrail on one side of the stair, and every open portion of a stair,
landing, balcony, porch, deck, ramp or other walking surface that
is more than 30 inches (762 mm) above the floor or grade below shall
have guards. Required guards shall not have openings from the walking
surface to the required guard height which allow the passage of sphere
four inches (102 mm) in diameter. Handrails shall be not less than
30 inches (762 mm) in height or more than 42 inches (1067 mm) in height
measured vertically above the nosing of the tread or above the finished
floor of the landing or walking surfaces. Guards shall be not less
than 30 inches (762 mm) in height above the floor of the landing,
balcony, porch, deck, or ramp or other walking surface. Exceptions:
1) guards shall not be required where exempted by the adopted building
code; 2) the triangular openings at the open side of a stair, formed
by the riser, tread and bottom rail of a guard, shall not allow the
passage of a sphere six inches (153 mm) in diameter; 3) guards on
the open sides of stairs shall not have openings which allow passage
of a sphere 4 3/8 inches (111 mm) in diameter.
[Added 2-3-2016 by Ord.
No. 2946] | |
A.
Section 602.2.1, Heat supply, shall read as follows:
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Section 602.2.1 Heat supply: Every
owner and operator of any building who rents, leases or lets one or
more dwelling units, rooming units, dormitory or guestrooms on terms,
either express or implied, to furnish heat to the occupants thereof
shall supply sufficient heat during the period from October 1 to May
15 to maintain the room temperatures specified in Section
602.2 during the hours between 6:30 a.m. and 10:30 p.m. of each day
and not less than 65º F. at any other time.[1]
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[1]
Editor's Note: Former Subsection B, concerning Section 602.4,
Occupiable work spaces, which immediately followed this subsection,
was repealed 8-3-2011 by Ord. No. 2871.
[Added 2-3-2016 by Ord.
No. 2946]
The IPMC is amended to include Appendix "A" as required by the
IPMC. Said provisions are specifically referenced to adopt said standards.
