[HISTORY: Adopted by the Borough Council of the Borough of
Palmyra 10-22-2007 by Ord. No. 694 (Ch. X, Part 5, of the 1975 Borough
Code). Amendments noted where applicable.]
A certain document, a copy of which is on file in the Borough Office of the Borough of Palmyra, being marked and designated as the "International Property Maintenance Code, 2006 Edition," as published by the International Code Council, be and hereby is adopted as the Property Maintenance Code of the Palmyra Borough 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 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; 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 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 § 270-2 of this chapter.
The International Property Maintenance Code, 2006 Edition, is
hereby amended and revised in the following respects:
A.
Section 101.1 Title, shall be amended by inserting "Borough of Palmyra,
Lebanon County, Pennsylvania."
B.
Section 103.5, Fees, shall provide as follows:
103.5. Fees. The fees for activities and services
performed by the Code Official in carrying out his responsibilities
under this code shall be established by resolution or ordinance of
Borough Council.
C.
Section 104.4, Right of Entry, shall provide as follows:
104.4 Right of Entry. The Code Official shall make
or cause to be made inspections to determine the conditions of all
structures and premises in order to safeguard the safety, health and
welfare of the public under the provisions of this code. With the
permission of the owner, occupant, or operator of any structure or
premises, or the person in charge thereof, the Code Official may enter
any structure or premises at any reasonable time for the purpose of
performing his duties under this code. In the absence of permission
from the owner, occupant, or operator of any structure or premises,
or the person in charge thereof, the Code Official shall enter such
structure or premises only after securing and properly presenting
a duly authorized administrative search warrant issued upon probable
cause of same.
D.
Section 106.1.1, Service Fee, shall provide as follows:
106.1.1 Service Fee. When a property has been declared
a "public nuisance" due to refuse accumulation, insect, vermin or
rodent infestation, lack of required utilities, facilities, equipment
or other property maintenance violations deemed a detriment to the
occupants of a property or the public at large and/or cause a blighting
situation, the Code Official will notify the responsible party. In
the event of a reoccurrence of the violation within a twelve-month
period, the following service charges shall be as established by ordinance
or resolution of Council. Repeat offender service fees shall be payable
to the municipality within 15 days of receipt of invoice. Failure
to pay said fee will result in the municipality instituting appropriate
action against said offender to recover service and administrative
fees.
E.
Section 106.3, Prosecution of Violation, shall be amended to provide
as follows:
106.3. Prosecution of Violation. If the Code Official
has served a notice of violation and the notice of violation is not
complied with within the time specified in such notice, or if the
Code Official determines that there is insufficient time to serve
a notice of violation or that such notice of violation will have no
practical or beneficial effect, the Code Official shall notify Borough
Council of the violation and shall request Borough Council to authorize
the institution of enforcement proceedings against the violator and/or
authorize the Borough Solicitor to institute the appropriate proceedings
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 any
order or direction made pursuant thereto. If the Code Official or
if any police officer observes a violation of Section 302 or Section
307 of this code, in addition to the foregoing, such Code Official
or police officer is hereby empowered to institute summary criminal
proceedings against the violator.
F.
Section 106.4 be revised to provide and a new Section 106.4.1 shall
be added, which shall provide as follows:
106.4. Penalty. Any person who shall violate a
provision of this code; or who shall fail to comply with any of the
requirements thereof; or who shall use, maintain or alter a lot, building
or structure in violation of any approved plan or directive of the
Code Official or of any order, permit or certificate issued under
the provisions of this code; or who shall violate any order of the
Code Official; or who shall fail to remedy or who shall negligently
or improperly remedy any health hazard; or who shall fail to completely
implement a plan to remedy a health hazard which has been reviewed
and approved by the Code Official shall be liable, upon summary conviction
therefor, to fines and penalties of: (a) not less than $100 nor more
than $1,000, plus all costs of prosecution for a first offense; (b)
not less than $200 nor more than $1,000, plus all costs of prosecution,
for a second offense; and (c) not less than $300 nor more than $1,000
plus all costs of prosecution for a third offense or subsequent offense,
which fines and penalties may be collected as provided by law. All
fines and penalties collected for violation of this code shall be
paid over to the Borough Treasurer. Each day that a violation continues
and each section of this code which is violated shall be deemed a
separate offense. This code may also be enforced by an action in equity
brought in the Lebanon County Court of Common Pleas.
106.4.1. Guilty Pleas. The Code Official and police
officers shall have the authority to issue a Health/Housing Code violation
ticket prior to the institution of formal enforcement proceedings.
The Code Official or police officers shall identify on the Health/Housing
Code violation ticket all violations of any provision of this chapter,
indicating, in each case, the section violated, the location where
the violation took place and any other facts that might be necessary
in order to secure a clear understanding of the circumstances attending
the violation. The Code Official or police officer shall personally
serve the Health/Housing Code violation ticket upon the occupant of
the property on which the violation has occurred or, if no occupant
is present, shall attach to or place upon the door of such property
the Health/Housing Code violation ticket. The Health/Housing Code
violation ticket shall contain instructions to the occupant of the
property that if such person will, within 30 calendar days after the
date of the Health/Housing Code violation ticket, report to the office
of the Borough Manager and pay the sum as set forth in the fee schedule
adopted from time to time by resolution of the Borough Council or
if such person will place the ticket envelope with the sum as set
forth in the fee schedule adopted from time to time by resolution
of the Borough Council in the Palmyra Borough Health/Housing Code
Fine-O-Meter box, that act will save the violator from prosecution.
G.
Section 107.3 shall provide as follows:
107.3. Method of Service. Service of said notice
shall be made upon the owner or occupant of the said premises in any
of the following manners: by delivering the same to such owner or
occupant personally or by delivering the same to and leaving it with
any adult person in charge of said premises or by affixing the same
in a conspicuous position upon said premises or by sending said notice
by certified or registered mail addressed to the owner at the last
known address with return receipt requested. Such procedures shall
be deemed the equivalent of personal notice.
H.
108.4.1, Placard Removal, shall provide as follows:
108.4.1 Placard Removal. A fee established by resolution
or ordinance of Borough Council will be imposed upon any person requesting
an inspection for the purpose of removing a condemnation placard.
A condemnation placard shall be removed when the defect or defects
in the property, in violation of the Property Maintenance Code, have
been eliminated. The fee for inspection to remove the placard notice
shall be payable in full in advance. If upon inspection the defect
or defects in the property, in violation of the Property Maintenance
Code remain, the placard shall not be removed. A fee established by
resolution or ordinance of Borough Council will be imposed on any
person requesting a subsequent inspection for the purpose of removing
a condemnation placard. Any person who defaces or removes a condemnation
placard without the approval of the Property Maintenance Code Official
shall be subject to the penalties provided by the code.
I.
Section 110.1, General, shall provide as follows:
110.1 General. The Code Official shall order the
owner of any premises upon which is located any structure, which in
the Code Official's judgement is so old, dilapidated or has become
so out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation or occupancy, and such that is unreasonable
to repair the structure, to raze and remove such structure; or if
the structure is capable of being made safe by repairs, to repair
and make safe and sanitary or to raze and remove at the owner's
option; or where there has been a cessation of normal construction
of any structure for a period of more than two years, to raze and
remove such structure; or when the property has been declared a public
nuisance by the Board of Health and meets the criteria set forth for
blighted properties.
J.
Section 111, Means of Appeal, shall be deleted in its entirety. A
new Section 111, Appeals, shall be inserted which shall provide as
follows:
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SECTION 111
APPEALS
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111.1 Appeals. Any person affected by a decision
of the Code Official or of a notice or order issued under this code
shall have the right to appeal to the Police Committee of Borough
Council, provided that a written application for appeal is filed within
10 days after the day the decision, notice or order was served. Any
application for appeal shall be based on a claim that the true intent
of this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or the
requirements of this code are adequately satisfied by other means.
No application shall be complete without the payment of the fee established
by Council by ordinance or resolution. In cases where there are more
than 40 pages of transcript, the appellant will be billed for the
costs thereof. The appellant or his representative shall have the
right to appear and be heard, if such right is requested in the written
appeal. The Police Committee of Borough Council shall make a prompt
decision on such appeal. In making a decision, the Police Committee
of Borough Council may vary or modify any provision of this code where
there are practical difficulties in the way of executing the strict
letter of the law so that the spirit of the law shall be observed,
public safety secured, and substantial justice done. Such variation
or modification shall be the minimum necessary in order to grant relief.
The Police Committee of Borough Council shall render a written decision,
copies of which shall be provided to the Code Official and the appellant.
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K.
Section 202, General Definitions, shall be amended by inserting the
following definitions:
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BLIGHTED PROPERTY/PUBLIC NUISANCE.
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1.
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Any premises which because of physical condition or use is regarded
as a public nuisance and has been declared a public nuisance in accordance
with the local housing, building, plumbing, fire and related codes.
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2.
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Any premises which because of physical condition, use or occupancy
is considered an attractive nuisance to children, including but not
limited to abandoned wells, shafts, basement, excavations, and unsafe
fences or structures.
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3.
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Any dwelling which because it is dilapidated, unsanitary, unsafe,
insect- or vermin-infested or lacking in the facilities and equipment
required by this code, and has been designated by the Sanitation Officer
as unfit for human habitation or occupancy.
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4.
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Any structure which is a fire hazard, or is otherwise dangerous
to the safety of person or property.
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5.
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Any structure from which the utility, plumbing, heating, sewage
or other facilities have been disconnected, destroyed, removed, or
rendered ineffective so that the property is unfit for its intended
use.
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6.
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Any vacant or unimproved lot or parcel of ground in a predominately
built-up neighborhood, which by reason of neglect or lack of maintenance,
has become a place for the accumulation of trash and debris, or a
haven for rodents and other vermin.
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7.
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Any unoccupied property which has been tax delinquent for a
period of two years prior to the effective date of this chapter, and
those in the future having a two-year tax delinquency.
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8.
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Any property which is vacant but is not tax delinquent, which
has not been rehabilitated within one year of the receipt of notice
to rehabilitate from the Borough.
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BOARDINGHOUSE. A building, or part therein, other
than a hotel, motel or rooming house, where meals, linen service,
and/or lodging are provided for compensation, whether direct or indirect.
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BOROUGH COUNCIL. The Borough Council of the Borough
of Palmyra, Lebanon County, Pennsylvania.
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POLICE DEPARTMENT. The Palmyra Borough Police Department.
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POLICE OFFICER. A member of the Police Department.
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ROOMING HOUSE. A building, or part therein, other
than a hotel, motel or boardinghouse, in which sleeping rooms are
available for hire as lodging, but without meals or linen service.
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SANITATION OFFICER. The person duly appointed by
the Borough to enforce ordinances relating to public health.
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L.
Section 302.4, Weeds, shall be deleted.
M.
Section 307, Rubbish and Garbage, shall be amended by adding new
Sections 307.4, Notices of Violation, and 307.5, Enforcement, which
shall provide as follows:
307.4. Notices of Violation. Borough Council, the
Code Official or any officer or employee of the Borough designated
for this purpose is hereby authorized to give notice, by personal
service, by United States mail or by posting the property, to the
owner of any premises on which there exist accumulations of rubbish
or garbage remaining in violation of the provisions of this code,
directing and requiring such owner to remove such accumulations of
rubbish or garbage so as to conform to the requirements of this code,
within five business days after the issuance of such notice. In case
any person shall neglect, fail or refuse to comply with such notice,
within five business days after the issuance of such notice, Borough
authorities may remove such accumulations of rubbish or garbage, and
the cost thereof, together with a penalty of 10% of such cost, and
allowable attorneys' fees may be collected by the Borough from
such person in the manner provided by law.
If Borough Council, the Code Official, the Sanitation Officer
or any officer or employee of the Borough has given notice under this
section in the calendar year and the owner did not comply with the
notice within the required five business days, the Borough shall not
be required to give additional notice to the owner before the Borough
removes accumulations of rubbish or garbage on the property in that
same calendar year, and the Borough may collect the cost thereof,
together with a penalty of 10% of such cost, and allowable attorneys'
fees from such person in the manner provided by law.
307.5. Enforcement. The Code Official, Sanitation
Officer, or any police officer shall be authorized to institute summary
criminal proceedings against any person who fails to comply with the
requirements of this Section 307 prohibiting accumulations of rubbish
or garbage and requiring proper storage and disposal of rubbish and
garbage. The failure to maintain exterior premises and property and
the interior of a structure free from accumulation of rubbish and
garbage and/or the failure of any person to comply with the requirements
of Sections 307.2 and 307.3 of this code is a violation of the provisions of this code, whether
or not the Borough Council, Code Official, Sanitation Officer or other
officer or employee of the Borough provides the notice set forth below.
Any police officer and the Code Official or Sanitation Officer may
institute summary enforcement proceedings pursuant to Section 106
of this code. Such prosecution shall not prevent the Borough from
also proceeding under the provisions of Section 307.4 to abate nuisance
conditions on the property.
N.
Section 308.5, Occupant, shall provide as follows:
Section 308.5 Occupant. The occupant of any structure
shall be responsible for the continued insect-, vermin- and rat-proof
condition of the structure, and if the occupant fails to maintain
the insect-, vermin- and rat-proof condition, the cost of extermination
shall be the responsibility of the occupant.
Exception: Where the infestations are caused by
defects in the structure, the owner shall be responsible for extermination.
O.
Section 505.1, General, shall provide as follows:
505.1 General. Every sink, lavatory, bathtub or
shower, drinking fountain, water closet or other plumbing fixture
shall be properly connected to either a public water system or to
an approved private water system. All kitchen sinks, lavatories, laundry
facilities, bathtubs and showers shall be supplied with hot or tempered
and cold running water in accordance with the International Plumbing
Code. The water service into a building that is occupied shall be
usable and operating.
P.
Section 507.1, General, shall be revised and a new Section 507.2,
Continued maintenance, shall be added which shall provide as follows:
507.1 General. All roofs, paved areas or yards
shall be drained into a separate storm sewer system or to a place
of disposal satisfactory to the Code Official and/or the Sanitation
Officer. In the case of one- and two-family dwellings, stormwater
may be discharged on flat areas such as streets or lawns so long as
the stormwater will flow away from the building from which it is being
discharged. In no way will it be allowed to flow over any adjoining
property or properties. Each building, home or homes shall have their
own independent roof gutter and downspouts.
507.2 Continued Maintenance. All roof gutters and
downspouts shall be kept in a good state of repair and be kept free
of debris. If a roof gutter or downspout is found in a decaying, leaking
or unsatisfactory condition by the Code Official or the Sanitation
Officer, the owner of the property in which such condition exists
will be notified in writing to correct such conditions. Should any
person served by such notice fail or refuse to comply with the order
contained therein within the time specified, the Code Official or
Sanitation Officer shall institute proceedings to force compliance
with such order.
Q.
Section 602.3, Heat Supply, shall provide as follows:[1]
602.3 Heat Supply. Every owner and operator of
any building who rents, leases or lets one or more dwelling units,
rooming units, dormitory or guest rooms on terms, either expressed
or implied, to furnish heat to the occupant thereof shall supply sufficient
heat to maintain the room temperature specified in Section 602.
R.
Section 602.4, Occupiable Work Spaces, shall provide as follows:
602.4 Occupiable Work Spaces. Every enclosed occupied
work space shall be supplied with sufficient heat to maintain a temperature
of not less than 65° F. (18° C.) during all working hours.
Exception 1: Processing, storage and operation
areas that require cooling or special temperature conditions.
Exception 2: Areas in which persons are primarily
engaged in vigorous physical activities.
S.
Section 702.4.1, Emergency Basement Escape, shall provide as follows:
702.4.1 Emergency Basement Escape. Every sleeping
room located in a basement in an occupancy in Use Group I-1 or R (as
established in the Uniform Construction Code) shall have at least
one operable window or exterior door approved for emergency egress
or rescue, or shall have access to not fewer than two approved independent
exits.
T.
Section 704.3, Power Source, shall provide as follows:
704.3 Power Source. In Use Group R occupancies
(as established in the Uniform Construction Code) and in dwellings
not regulated as Use Group R occupancies, single-station smoke alarms
shall receive their primary power from the building wiring, provided
that such wiring is served from a commercial source and shall be equipped
with a battery backup. Smoke alarms shall emit a signal when the batteries
are low. Wiring shall be permanent and without a disconnecting switch
other than as required for overcurrent protection.
U.
Section 704.4, Interconnection, shall provide as follows:
704.4 Interconnection. Where more than one smoke
alarm is required to be installed within an individual dwelling unit
in Use Group R-2, R-3, R-4 (as established in the Uniform Construction
Code) and in dwellings not regulated as Use Group R occupancies, the
smoke alarms shall be interconnected in such a manner that the activation
of one alarm will activate all of the alarms in the individual unit.
The alarm shall be clearly audible in all bedrooms over background
noise levels with all intervening doors closed.
Exception: Interconnection is not required in buildings
which are not undergoing alterations, repairs, or construction of
any kind.
