[HISTORY: Adopted by the Borough Council of the Borough of
Boyertown 7-7-2003 by Ord. No.
03-03.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 73.
Building construction — See Ch. 73.
Uniform construction codes — See Ch. 78.
[1]
Editor's Note: This ordinance also superseded former
Ch. 144, Property Maintenance, adopted 11-5-1990 by Ord. No. 11-90,
as amended 2-6-1995 by Ord. No. 7-95.
A certain document, a copy of which is on file in the office of the Borough of Boyertown, being marked and designated as the International Property Maintenance Code as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Boyertown, in the Commonwealth of Pennsylvania for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code 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 § 144-2 of this chapter.
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:
[Amended 5-3-2004 by Ord.
No. 02-04]
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PM 106.3. Prosecution of violation. Any failure
to comply with a notice of violation or order served in accordance
with Section 107 shall constitute a summary offense, and prosecution
for every such failure to comply shall be according to the practice
in the case of summary convictions. If the notice of violation is
not complied with, the code official shall 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 professional
fees, including but not limited to engineering fees, attorneys fees,
or other professional fees incurred by the municipality in connection
with the prosecution of the violation shall be assessed against the
person charged with the violation.
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C.
Section 106.4, Violation penalties, shall be amended as follows:
[Amended 5-3-2004 by Ord.
No. 02-04]
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PM 106.4. Violation penalties. Any person who shall
violate a provision of this code or fail to comply therewith, or with
any of the requirements thereof, shall be prosecuted within the limits
provided by state and local laws. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
A minimum fine of $100 shall be assessed for each occurrence. The
maximum fine that may be assessed for each violation shall be $500
per day. Upon failure to pay such fines and costs, such person shall
be sentenced to imprisonment in Berks County Jail for a period not
exceeding 30 days.
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D.
Section 106.5. Abatement of violation, shall be amended as follows:
[Added 5-3-2004 by Ord.
No. 02-04]
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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.
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E.
Section 111, Means of Appeal, shall be deleted.
[Amended 5-3-2004 by Ord.
No. 02-04]
F.
Section 302.4, Weeds, shall be deleted.
G.
Section 303.14, Insect screens, is hereby amended to read as follows:
PM 303.14 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.
H.
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.
I.
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:
