[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Allen 4-12-2004 by Ord. No. 2004-01.[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 162, Property Maintenance, adopted 3-10-1997 by Ord. No.
97-4 (Art. 1307 of the 1985 Code of Ordinances).
[Amended 12-11-2006 by Ord. No. 2006-07; 1-23-2023 by Ord. No. 2023-01]
The 2018 edition of the International Property Maintenance Code, as published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code of Lower Allen Township, Cumberland County, Pennsylvania, to provide minimum standards for maintenance of existing residential and nonresidential structures, and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code are hereby referred to, adopted and made part hereof, as if fully set forth at length herein, with the additions, insertions, deletions and changes, if any, described in § 162-2 herein.
[Amended 12-11-2006 by Ord. No. 2006-07; 1-23-2023 by Ord. No. 2023-01]
The following sections of the 2018 International
Property Maintenance Code are hereby revised as follows:
A.
Section 101.1, Title, shall be amended by inserting
"Lower Allen Township" in the relevant space.
B.
Section 103 shall be deleted in its entirety and replaced
with the following:
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103.1 Enforcement agency. The Department
of Public Safety shall be charged with the task of administering and
enforcing this Code. The executive official in charge thereof shall
be known as the "Code Official." The Board of Commissioners shall
appoint the Code Official and his deputies.
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C.
Section 103.5., Fees, shall be deleted and replaced
by "The fees for activities and services performed by the Department
in carrying out its responsibilities under this Code shall be indicated
on a fee schedule, adopted by resolution of the Board of Commissioners."
D.
Section 106.3, Prosecution of violation, shall be
deleted and replaced as follows:
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Section 106.3 Recovery of costs. To the extent permitted by law, any costs incurred by Lower Allen
Township to restrain, correct or remove a violation of a provision
of this Code; to correct the erection, installation, maintenance,
repair or alteration of a structure in violation of a provision of
this Code; to require removal of work in violation of a provision
of this Code; and to abate any public nuisance shall be charged against
the person who is responsible for such violation or charged against
the real estate upon which the building or structure is located and
shall be a lien upon such real estate.
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E.
Section 112.4, Violation penalties, shall be deleted
and replaced as follows: "Any person who shall violate a provision
of this Code shall, upon summary conviction thereof, be sentenced
to pay a fine of not more than $1,000, together with costs of suit
in each case, and, in default of payment, to imprisonment not to exceed
30 days. Each day that a violation continues shall constitute a separate
offense and shall be punishable accordingly."
F.
Sections 111.1, 111.2, 111.2.1, 111.2.2, 111.2.3,
111.2.4, 111.2.5, 111.3, 111.4, 111.4.1, 111.5, 111.6, 111.6.1, 111.6.2,
and 111.7 are hereby deleted in their entirety.
G.
Section 111.0 shall be amended to read as follows:
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111.1 Application for appeal: Any
person affected by a decision of the Code Official or a notice or
order issued under this Code shall have the right to appeal to the
Board of Appeals, provided that a written application for appeal is
filed within 20 days after the day of decision, notice or order was
served. The appeal shall be upon such form as the Board of Commissioners
shall prescribe, shall be filed in duplicate and shall be filed with
the Township Manager or Township Secretary. One copy of the appeal
shall be filed with the Township Manager, and one copy of the appeal
shall be given by the Township Manager to the Code Official. The parties
to the appeal shall be the person filing the appeal, the owner and
the Codes Office.
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111.2 Membership of the Board: The
Board of Appeals shall consist of the Commissioners of Lower Allen
Township. The Board of Appeals may engage the services of such professionals
and disciplines as it shall deem necessary.
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111.3 Notice of hearing: The Township
Manager shall give not less than 10 days' written notice of the hearing
to the parties.
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111.4 Hearing: The Board of Appeals
shall hold a public hearing within 30 days after the appeal is filed.
Unless a party requests a stenographically recorded hearing not less
than five days before the hearing, the testimony will be tape-recorded.
If a stenographically recorded hearing is requested, the party making
the request shall pay the cost thereof.
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111.5 Evidence: The Board of Appeals
shall not be bound by technical rules of evidence, and all relevant
evidence of reasonable probative value may be permitted. Reasonable
examination and cross-examination shall be permitted.
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111.6 Adjudication: The Board of
Appeals shall, in every case, reach a decision within 30 days after
the hearing is continued, within 30 days after the continued hearing.
Failure to render a decision within 30 days after the continued hearing
shall not be deemed approval in favor of appellant. Every decision
shall be in writing and shall contain findings and the reason for
the adjudication. Every decision shall be filed in the office of the
Building Official and shall be open to public inspection. A certified
copy of the decision shall be served upon all parties or their counsel
personally or by mail not later than 10 days following the decision.
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111.7 Court review: Any person
aggrieved by an adjudication who has a direct interest in such adjudication
shall have the right to appeal therefrom to the court vested with
jurisdiction of such appeals by or pursuant to Title 42 (relating
to judiciary and judicial procedures).
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H.
Amend Section 302.4 to read: "All premises and exterior
property within any districts shall be maintained free from weeds
or weed growth in excess of 10 inches on lands located 200 feet or
less from any building or structure available for use for human occupancy."
I.
Amend Section 304.14 by inserting "April 1" and "October
31" in the spaces for insertion of dates.
J.
Amend Section 602.3 by inserting "October 15" and
"April 15" in the spaces for insertion of dates.
K.
Amend Section 602.4 by inserting "October 15" and
"April 15" in the spaces for insertion of dates.
