Borough of Red Hill, PA PROPERTY MAINTENANCE CODE

[1]

Editor's Note: This ordinance also provided for the repeal of former Part 2, Property Maintenance Code, adopted 8/11/2005 by Ord. 430.

[Ord. 2016-526, 10/12/2016]

The following subsections and/or words in the International Property Maintenance Code are hereby revised to substitute the following words for the original words contained in the ordinance [original language is contained in brackets]:

Section 101.1 is hereby amended to substitute "Red Hill Borough" for [NAME OF JURISDICTION].

The Title of Section 103 is hereby amended to read as follows:

BUILDING CODE OFFICIAL AND DEPUTIES

Section 103.1 is hereby amended to read as follows:

Creation of the Office of the Building Code Official. The office of Building Code Official is hereby created, and the executive official(s) in charge thereof shall be known as the Building Code Official.

Section 103.2 is hereby amended to read as follows:

Appointment. The Building Code Official shall be appointed by the Borough Council and shall serve at the pleasure of the Borough Council.

Section 103.5 is hereby amended to read as follows:

Fees. The fees for all work, permits, charges, activities and services performed by the Office of the Building Code Official shall be paid in accordance with the fee schedule resolution in effect at the time application is made.

The Title of Section 104.6 is hereby amended to read as follows:

Building Code Official's Records.

Subsection 106.3 is hereby amended to read as follows:

Prosecution of violation. Any person who shall violate a provision of this Code, fail to comply with any of the requirements thereof or erect, install, alter, or repair work in violation of the approved construction documents or directive of the Building Code Official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a summary offense, punishable by a fine of not more than $1,000 per violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Subsection 107.5 is hereby amended by deleting the reference to Section 106.4 and substituting "106.3."

Section 111 is hereby deleted in its entirety. A new Section 111 is hereby enacted to read as follows:

Appeals. The creation of the Board of Appeals and its authority and qualifications and the filing of appeals shall be in accordance with Sections 403.121 and 403.122 contained in 34 Pa. Code Chapter 403.

Section 112.4 is hereby amended to read as follows:

Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to pay a fine of not less than $250 or more than $1,000.

Section 202 is hereby amended to include the following additional definitions:

Occupied. As applied to a building or portion thereof, shall be construed as though followed by the words, "or intended, arranged or designed to be occupied, or having a certificate of use and occupancy."

One Family Dwelling. A building containing one dwelling unit.

Two Family Dwelling. A building containing two dwelling units.

Section 202 is hereby amended to delete the following phrase from the definition of "Owner": "if ordered to take possession of real property by a court".

Section 301 is hereby amended to include the following additional subsection known as 301.2.1:

Where properties abut a public right-of-way, the abutting property owner shall be responsible for the maintenance of the area between his or her property line and the cartway, including the curb, the sidewalk and grass areas between the curb and the property line.

Section 302 is hereby amended to include the following additional subsection known as 302.3.1:

Where sidewalks exist, those responsible (see Section 301.2.1, as amended) for the sidewalks shall have at least a two-foot-wide path cleared of snow and ice within 24 hours after the cessation of the snowfall.

EXCEPTION: When more than 12 inches of snow has fallen, those responsible for the sidewalk shall have at least a two-foot-wide path cleared of snow and ice within 48 hours after the cessation of the snowfall.

Section 302.4 is hereby amended to delete [JURISDICTION TO INSERT HEIGHT IN INCHES] and to replace it with "six inches".

Section 302.4 is hereby further amended to include the following additional subsection known as 302.4.2:

The Building Code Official, or any officer or employee of the Borough designated thereby for this purpose, is hereby authorized to give notice, by personal service or United States mail, to the owner or occupant or any adult person in charge of said premises, as the case may be, of any property wherein grass or other vegetation is in violation of Section 302.4 or Section 302.4.1, directing and requiring such occupant or owner to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this Part, within five days after issuance of such notice.

Whenever, in the judgment of the Building Code Official, 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 or any officer or employee of the Borough designated thereby for that purpose may give notice by posting conspicuously on the property where such nuisance exists, a notice or order directing and requiring that such nuisance 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 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 from such person, firm, or corporation, in the manner provided by law and may be entered as a municipal lien against the property and owner thereof, for the abatement of nuisance.

Section 302.8 is hereby amended to read as follows:

Motor vehicles. Only one intact inoperative or unlicensed motor vehicle shall be parked, stored, or kept on any premises. A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designated and approved for such purposes.

Section 302 is hereby amended to delete the following: "Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises," and to replace it with the following: "Only one intact, inoperative or unlicensed motor vehicle shall be parked, stored, or kept on any premises,".

Section 302 is hereby further amended to include the following additional subsection known as 302.8.1:

Registered motor vehicles are prohibited from parking on any non-paved area in the front or side yards of a property for a period of greater than 12 hours. Motor vehicles may be parked on non-paved areas in the rear yard, provided that a solid fence, a minimum of six feet tall, is erected around the rear yard in order to screen the contents of the yard from surrounding neighbors.

Section 304.14 is hereby amended to substitute "May 15" for the first reference of [DATE], and "October 15" for the second reference of [DATE].

Section 602.3 is hereby amended to substitute "October first" for the first reference of [DATE], and "May first" for the second reference of [DATE].

Section 602.4 is hereby amended to substitute "October 30" for the first reference of [DATE], and "May first" for the second reference of [DATE].

This Part is hereby amended to substitute "Building Code Official" for [code official] in all relevant sections of this Part.