[HISTORY: Adopted by the Borough Council of the Borough of Hellertown 8-21-2006 by Ord. No. 699; amended in its entirety 12-19-2011 by Ord. No. 765. Subsequent amendments noted where applicable.]
A certain document, three copies of which are on file in the office of the Borough Secretary of Hellertown Borough, being marked and designated as "the International Property Maintenance Code, 2009 edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Hellertown in the Commonwealth 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 occupancy 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 Hellertown 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 § 310-2 of this chapter.
The following sections are hereby revised:
Section 101.1, Title, insert "Borough of Hellertown, Northampton County, Pennsylvania" in place of the bracketed phrase [Name of Jurisdiction].
Section 103.5, Fees, insert "Borough of Hellertown Fee Schedule" in place of the bracketed phrase [Jurisdiction to Insert Appropriate Schedule].
Section 112.4, Failure to comply, insert "$100 or more than $500" in place of the bracketed phrase [Amount] in two places.
Section 302.4, Weeds, insert "eight inches" in place of the bracketed phrase [Jurisdiction to Insert Height in Inches].
Section 304.14, Insect Screens, insert "April 1 and October 31," respectively, in place of the two bracketed terms [Date].
Section 602.3, Heat Supply, insert "October 1 and April 30," respectively, in place of the two bracketed terms [Date].
Section 602.4, Occupiable Work Spaces, insert "October 1 and April 30," respectively, in place of the two bracketed terms [Date].
[Added 6-20-2016 by Ord. No. 808]
Vegetative growth a nuisance under certain conditions. No person, firm or corporation, owning or occupying any property within the Borough of Hellertown shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such premises so as to be in excess of a height of eight inches, or to throw off any unpleasant or noxious odor, or to conceal any filthy deposit, or to create or produce pollen. Any grass, weeds or other vegetation growing upon any premises in the Borough of Hellertown in violation of any of the provisions of this section is hereby declared to be detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Borough of Hellertown.
Responsibility for removing, cutting or trimming. The owner of any premises, as to vacant premises, multiple residential or multiple commercial premises or premises occupied by the owner, and the occupant thereof, in case of premises occupied by other than the owner thereof, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of Subsection A.
Notice to remove, trim or cut; municipality may do work; costs. The Borough Council, or any officer or employee of the Borough of Hellertown designated thereby for the purpose, is hereby authorized to give notice, by personal service or by United States Mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of Subsection A of this section, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this chapter, within five days after issuance of such notice. Whenever, in the judgment of the Borough Code Enforcement Officer of the Borough of Hellertown, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Borough Council or any officer or employee of the Borough of Hellertown designated thereby for that purpose, may give notice by posting conspicuously on the property where such grass and weed violation exists, a notice or order directing and requiring that such violation of Subsection A be abated within five days. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough Council may order the removal, trimming or cutting of such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof shall be collected by the Borough of Hellertown from such person, firm or corporation, in the manner provided by law.
Violations and penalties. Any person who violates or permits a violation of this section shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by fine of not less than $100 nor more than $1,000, plus cost of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense and each subsection of this section that is violated shall also constitute a separate offense.
Notice of violation. Whenever a condition constituting a violation of this section occurs, the Borough shall cause written notice to be served upon the owner in one of the following manners:
By making personal delivery of the notice to owners;
By handing a copy of the notice to the owner or an adult person in charge of the residence or business, whichever the case may be;
By fixing a copy of the notice to the door at the entrance of the premises in violation; or
By mailing a copy of the notice to the last known address of the owner by certified mail and regular mail.
Editor's Note: This ordinance also repealed former § 310-3, Repealer.