[HISTORY: Adopted by the Borough Council of the Borough of Homestead 6-10-2004 by Ord. No. 1157; amended in its entirety 3-9-2017 by Ord. No. 2017-01. Subsequent amendments noted where applicable.]
That a certain document, a copy of which is on file in the office of the Borough Manager of Homestead Borough, being marked and designated as the "International Property Maintenance Code, 2015 edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Homestead, in the State of Pennsylvania, 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 occupancy and use; and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Homestead are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 199-2 of this chapter.
The following sections of the Property Maintenance Code adopted in this chapter are hereby revised as follows:
Section 101.1. Insert: "The Borough of Homestead" into [Name of Borough].
Section 102.3. Delete: "International Zoning Code" and replace with "Homestead Borough Zoning Ordinance."
Section 103.5. Insert. "Borough of Homestead Resolution 2016-22, 2017 fee schedule, enacted 12-8-2016, as amended by resolution from time to time by the Borough of Homestead Council" into [Jurisdiction to insert appropriate schedule].
Section 107.2.5. Delete in its entirety.
Add "Section 110.5. Permit for demolition. The applicant for a permit to demolish or remove any building, structure, part thereof or appurtenance thereto shall satisfy the Code Official that such demolition or removal shall be done in a manner as to prevent any hazard to adjoining properties or to any persons using any public thoroughfare abutting upon the property on which the building or structure is situated. The Code Official shall have the authority to require that any barricade or other safeguard deemed necessary be erected and maintained in a safe condition during the progress of the work. If, after demolition of a building or structure or part thereof, any depression on the lot may be deemed to constitute a hazard to life or limb, the Code Official shall have the authority to require such depression to be filled or otherwise made safe or barricaded in such a manner as to eliminate such hazard. If, after the issuance of a permit to demolish or remove a building, structure, part thereof or appurtenance thereto, it is found that the work or demolition or removal is not being performed in a safe manner, the Code Official shall have authority to revoke such permit. Any work of demolition or removal performed after such revocation shall be a violation of this Code and subject to the penalties of Section 106.4."
Add "Section 110.6. Notification. As a condition for the issuance of a demolition permit, the owner or the owner's agent shall give written notice to the owners of adjoining properties and to the owners of any property who utility services must be temporarily shut, removed or affected because of the proposed demolition work."
Add "Section 110.7. Service connections. Before a structure is demolished or removed, the owner or agent shall notify all utilities having service connections within the structure such as water, electric, gas, sewer and other connections. A permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner."
Add "Section 110.8. Lot regulations. Whenever a structure is demolished or removed, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grades and the erection of the necessary retaining walls and fences in accordance with the provisions of Chapter 33 of the 2009 International Building Code or current code as adopted by the Pennsylvania Uniform Construction Code."
Section 111.1. Insert: "For purposes of this section, the "board of appeals" shall mean the Homestead Borough Uniform Construction Code Board of Appeals, the jurisdiction of which is hereby extended to authorize it to hear appeals taken pursuant to this section."
Sections 111.2 through 111.2.5 are deleted.
Section 111.7 shall provide in its entirety as follows: "Any person, whether or not a previous party of the appeal, shall have the right to apply to the Court of Common Pleas of Allegheny County to correct errors of law so long as the application is filed within the time limits set by Section 5571(b) of the Pennsylvania Judicial Code [42 Pa.C.S.A. § 5571(b)]."
Section 112.4. Insert: "200" into "not less [Amount]," and "1,000" into "more than [Amount]."
Section 201.3. Insert: "as amended by the Allegheny County Department of Health, Article XV, Plumbing Code" after the words "International Plumbing Code." Delete: "International Zoning Code" and replace with "Homestead Borough Zoning Ordinance."
Section 202, General Definitions, Rubbish. Insert: "scrap, building materials or supplies" after the word "rubble."
Section 302.4. Insert: "Twelve inches" into [Jurisdiction to insert height in inches]; Insert at the end of second paragraph: "Failure to pay such invoice within 30 days after receipt by the owner or agent responsible for the property will cause a lien to be filed for the total of all costs incurred by the Borough of Homestead associated with the cutting, destruction and removal of weeds."
Section 302.8. Replace the word "motor vehicle" on line two, paragraph one with "or not currently inspected motor vehicle, trailer or other equipment."
Add "Section 304.1.2. Required inspections. All buildings or structures shall be inspected by a licensed professional engineer or registered architect to determine structural soundness of the items covered in Sections 304.4, 304.5, 304.6, 304.7, 304.8, 304.9, 304.10, 304.11, 305.1.1, 305.2 and 306.1.1 when required by the Code Official. These reports shall bear the signature and raised seal of the Commonwealth of Pennsylvania design professional submitting the report."
Section 304.7. Add to end of paragraph: "The discharge shall be done in a manner that promotes evapotranspiration and infiltration at the site. Where possible, discharge shall be directed to rain gardens (bio retention systems), bioswales, rain barrels and/or infiltration sumps. If the discharge is from an existing roof leader, sheet flow discharge to; large lawn areas, the natural waterway or to hillsides not having substantial neighboring development, may be appropriate with the approval of the Code Official or Borough Engineer."
Section 304.14. Insert: "April 1" into first [Date], "October 1" into second [Date].
Section 308.2. Insert: "or owner;" after the word "occupant."
Section 308.3. Insert: "owner;" after the word "occupant."
Section 502.5. Insert: "amended by the Allegheny County Department of Health, Article XV, Plumbing Code" after "International Plumbing Code."
Section 505.1. Insert: "amended by the Allegheny County Department of Health, Article XV, Plumbing Code" after "International Plumbing Code."
Section 507.1. Add to end of paragraph: "The discharge shall be done in a manner that promotes evapotranspiration and infiltration at the site. Where possible, discharge shall be directed to rain gardens (bio retention systems), bioswales, rain barrels and/or infiltration sumps. If the discharge is from an existing roof leader, sheet flow discharge to; large lawn areas, the natural waterway or to hillsides not having substantial neighboring development, may be appropriate with the approval of the Code Official or Borough Engineer.
Section 602.2. Delete: "based on the winter outdoor design temperature by the locality indicated in Appendix D of the International Plumbing Code;" replace with: "in accordance with the Allegheny County Health Department, Article VI, Houses and Community Environment, Section 629."
Section 602.3. Insert: "October 1" into first [Date], "May 1" into second [Date].
Section 602.4. Insert: "October 1" into first [Date], "May 1" into second [Date].
Chapter 8: Referenced Standards, ICC. Replace: "IBC-15" with "IBC-09"; Replace: "IEBC-15" with "IBC-09"; Replace: "IFC-15" with "IFC-09"; Replace: "IFGC-15" with "IFGC-09"; Replace: "IMC-15" with "IMC-09"; Replace: "IPC-15" with "IPC-09"; Insert: "amended by the Allegheny County Department of Health, Article XV, Plumbing Code" after "International Plumbing Code ®"; Replace: "IRC-15" with "IRC-09"; Replace: "IZC-15" with "HBZO"; Replace: "International Zoning Code ®" with "Homestead Borough Zoning Ordinance."
Appendix A: Boarding Standard. Adopted in its entirety.
Section A104. Replace: "IBC-12" with "IBC-09."
Add § 199.113, Means of Appeal Applicable to Condemned Structures, as follows:
[Added 11-15-2018 by Ord. No. 2018-09]
Ordinance No. 1239 of Homestead Borough, entitled Chapter 199, Property Maintenance Code, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
That if any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of remaining portions of this chapter. The Borough of Homestead hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
That nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Added 3-9-2017 by Ord. No. 2017-02]
Location of construction dumpsters and PODS.
Off street. Dumpsters or PODS shall be placed on the property being serviced and not on the street in front of the property. No construction dumpster or POD shall be located within 10 feet of an abutting building. Where compliance with this provision is not possible by virtue of the proximity of the buildings to one another, or where other compelling reasons (example: narrowness of street prevents delivery of dumpster onto property), on-street placement is permitted.
On street. If permitted and the construction dumpster or POD is placed on the public street or alley, the dumpster shall be directly in front of the property address utilizing the dumpster. Additionally, a dumpster or POD placed in the street shall:
Not be more than 18 inches from the curb.
Not obstruct driveways of abutting properties.
Be protected at both ends by a barricade, which after sunset, shall have a flashing yellow light attached to it; or
Have a reflector or reflective area of not less than 36 square inches at each end.
May not be utilized where the remaining usable width of the roadway does not allow for the safe passage of motor vehicles around it.
A dumpster or POD placed on a public street may not remain for longer than 21 days at any one time and, absent an emergency condition, not more than on three separate occasions in one twelve-month period.
A dumpster or POD placed off-street may remain for 30 days, and, absent an emergency condition, not more than on three separate occasions in one twelve-month period.
When the need for the dumpster or POD is the result of an emergency condition at the property to be served (example: water or fire damage; storm damage), then in such instance the dumpster may remain for the length of time necessary to remove the debris as determined by the Code Enforcement Officer. In such instances, the use of the dumpster is not counted towards the limit of three times per twelve-month period.
Sanitation. The following requirements shall be maintained while the dumpster or POD is on or at the site:
The area around the dumpster or POD shall be kept free of debris and litter;
The dumpster into which animal or vegetable waste or material has been dumped or deposited shall be removed or emptied within 24 hours; and
Any dumpster or POD producing or causing noxious, foul or offensive odors shall be immediately removed or cleaned to eliminate the odor.
A full dumpster or POD shall be removed from the property within two business days.
Usage. A dumpster shall only be used to contain and remove debris and material generated at the location where the dumpster is placed.
Identification. The name and telephone number of the owner of the dumpster and/or the company that is responsible for the dumpster shall be displayed in a weatherproof manner on the dumpster.
Permit required. A permit shall be required for any construction dumpster or POD used in the Borough of Homestead. The permit shall be obtained from the Code Enforcement Office and must be displayed on the dumpster or POD in a weatherproof fashion or front window of residence or establishment.
Fees. The initial fee established for the placement of construction dumpsters or PODS shall be $25 for one- and two-family residential zoning districts and $50 for all other zoning districts. Borough Council shall be empowered to reevaluate these fees and make necessary adjustments which shall not be considered as an amendment to this section, and may be adopted at any public meeting by resolution.
Abatement. Any dumpster or POD not in compliance with this section is hereby declared to be a public nuisance and may be abated by the Borough at the owner's or responsible person's expense. Abatement shall, at the Borough's option, include the removal and/or the emptying of the dumpster; or the removal of the POD.
Violations of any provision of this section shall be punishable by a fine in an amount of not more than $300 for each day violation is in effect.
In addition, a person found guilty of a violation of this section shall be ordered to abate the problem and pay the cost incurred by the Borough if the Borough abated the problem.
[Added 4-12-2018 by Ord. No. 2018-03]
Any person who shall violate a provision of the Homestead Borough Property Maintenance Code as adopted by this chapter, or fails to comply therewith, or with any of the requirements thereof, shall, upon conviction by a judge of the Court of Common Pleas of Allegheny County or a Magisterial District Judge (hereinafter collectively referred to as "judge"), be liable to pay a penalty of no less than $100 per violation and no more than $1,000 per violation with the actual amount of the penalty within this range in a particular case to be determined at the discretion of the judge before whom the violation action is brought. The judge is additionally authorized to sentence a violator to up to 30 days in prison for each violation at his or her discretion. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The Borough of Homestead shall also be entitled to an award of attorney fees and costs of prosecution incurred in connection with the violation action. The imposition of the penalties herein prescribed shall not preclude the Borough from instituting appropriate action to restrain, enjoin, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop any illegal or unsafe conduct or activity involving the utilization of a building, structure or premises.