The Borough of Boyertown hereby adopts, for the purpose of establishing
rules and regulations for the maintenance of all structures, including
administration, enforcement and penalties, the property maintenance
code known as the" 2018 International Property Maintenance Code,"
as published by the International Code Council, Inc., save and except
such portions as are deleted, modified or amended by ordinance, incorporated
as fully as if set out at length herein, as the Property Maintenance
Code of the Borough of Boyertown. Three copies of the 2018 International
Property Maintenance Code have been and are now filed in the office
of the Borough Secretary. From the date on which this chapter shall
take effect, the provisions thereof shall be controlling in the maintenance
of all structures, and in all other subjects therein contained, within
the corporate limits of the Borough.
The following sections are hereby revised:
A. Section 101.1, Title, shall be amended to read as follows:
PM 101.1 Title. These regulations shall be known
as the "Property Maintenance Code of the Borough of Boyertown," hereinafter
referred to as "this code."
B. Section 106.3, Prosecution of violation, shall be amended to read
as follows:
PM 106.3 Prosecution of Violation. Any person failing
to comply with a notice of violation or order served in accordance
with Section 107 shall be deemed guilty of a summary offense and the
violation shall be deemed a strict liability offense. If the notice
of violation is not complied with, the code official or any duly authorized
employee of the jurisdiction or contractor hired by the jurisdiction
is to enter upon the property in violation and abate violations such
as securing a structure, mowing the grass, cutting the weeds and removing
trash and debris, for all other violations the code official or jurisdiction
may institute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation or to require the removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto. Any
action taken by the authority having jurisdiction on such premises
shall be charged against the real estate upon which the structure
is located including any professional fees, including but not limited
to engineering fees, attorneys fees or other professional fees, incurred
by the Borough, and shall be a lien upon such real estate and/or against
the person charged with the violation as restitution in connection
with prosecution of the violation.
C. Section 106.4, Violation penalties, shall be amended as follows:
PM 106.4. Violation penalties. Any person who shall
violate a provision of this Code or fail to comply therewith or with
any requirements thereof, shall be, upon conviction, sentenced to
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and cost, to a term of imprisonment not to exceed 30
days. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
D. Section 106.5, Abatement of violation, shall be amended as follows:
PM 106.5, Abatement of violation. In addition to
the penalties herein prescribed, the Borough Council is also authorized
to institute proceedings in the Court of Common Pleas of Berks County
to seek other legal relief under the Borough Code or equitable relief
as may be deemed necessary to protect and safeguard the interests
of the Borough and its citizens, including but not limited to correct
or abate a violation or prevent illegal occupancy of a building, structure
or premises or to stop an illegal act, conduct, business or utilization
of a building, structure or premises.
E. Section 107.3, Method of Service, is amended to read as follow:
PM 107.3. Method of Service.
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Delivered personally be hand delivery or
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Sent by certified or first-class mail addressed to the last
known address and/or posted at a conspicuous place on the property.
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F. Section 110.1, General, shall be amended to add the following to
the end:
Demolition shall be in accordance with the Pennsylvania Uniform
Construction Code as adopted by the Borough.
G. Section 111.2, Membership of the Board, is amended to read as follows:
PM 111.2. Membership of Board. The Board of Appeals
shall consist of the "House Committee of the Borough of Boyertown"
H. Section 111.2.1, Alternate Members, is repealed.
I. Section 111.2.2, Chairman, is repealed.
J. Section 111.2.4, Secretary, is repealed.
K. Section 111.2.5, Compensation of Members, is repealed.
L. Section 111.5, Postponed Hearing, is repealed.
M. Section 111.6, Board Decision, is amended to read:
PM 111.6. Board Decision. The Board shall modify
or reverse the decision of the Code Official by a majority vote of
the members present.
N. Section 112, Stop Work Order shall be deleted in its entirety and
amended to read as follows:
Stop-work orders shall be governed by the Pennsylvania Uniform
Construction Code as adopted by the Borough.
O. Section 302.4, Weeds, shall be deleted.
P. Section 304.14, Insect screens, is hereby amended to read as follows:
PM 304.14 Insect screens. During the period from
April 1 to December 1, every door, window, and other outside opening
required for ventilation of habitable rooms, food preparation areas,
food service areas, or any areas where products to be included or
utilized in food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch (16 mesh per 25 mm), and
every swinging door shall have a self-closing device in good working
condition.
Exception: Screen doors shall not be required where
other approved means, such as air curtains or insect repellant fans,
are employed.
Q. Section 602.3, Heat supply, is hereby amended to read as follows:
PM 602.3 Heat supply. Every owner and operator
·of any building who rents, leases or lets one or more dwelling
units, rooming units, dormitories or guestrooms on terms, either expressed
or implied, to furnish heat to the occupants thereof shall supply
heat during the period from October 1 to May 15 to maintain a temperature
of not less than 65° F. (18° C.) in all habitable rooms, bathrooms,
and toilet rooms.
Exception: When the outdoor temperature is below
the winter outdoor design temperature for the locality, maintenance
of the minimum room temperature shall not be required provided that
the heating system is operating at its full design capacity. The winter
outdoor design temperature for the locality shall be as indicated
in Appendix D of the International Plumbing Code.
R. Section 602.4, Occupiable work spaces, is hereby amended to read
as follows:
PM 602.4 Occupiable works spaces. Indoor occupiable
work spaces shall be supplied with heat during the period from October
1 to May 15 to maintain a temperature of not less than 65° F.
(18° C.) during the period the spaces are occupied.
Exceptions:
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Processing, storage, and operation areas that require cooling
or special temperature conditions.
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Areas in which persons are primarily engaged in vigorous physical
activities.
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In all matters that are regulated by the law of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
commonwealth promulgated by authority of law, such laws or regulations,
or other ordinances of the Borough, as the case may be, shall control
where the requirements thereof are the same as or in excess of the
provisions of this chapter. The code shall control in all cases where
the state requirements, or the requirements of other ordinances of
this Borough, are not as strict as those contained in this chapter.
Nothing in this chapter or in the Property Maintenance Code
hereby 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; nor shall any just or legal right or remedy of any
character be lost, impaired or affected by this chapter.
This chapter shall be enforced by the Borough Property Maintenance
Code Official or Borough Code Enforcement Officer.