[Ord. 948, 7/12/2010, § 1]
A certain document, three copies of which are on file in the
office of the Borough Manager of Bridgeville 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 Bridgeville
Borough, in the State of Pennsylvania, for regulating and governing
the conditions and maintenance of all property, buildings and structures;
by providing the standards for supplied utilities 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 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
Bridgeville Borough are hereby referred to, adopted, and made a part
hereof, as if fully set out in this Subpart, with the additions, insertions,
deletions and changes, if any, prescribed in § 102 of this
Subpart.
[Ord. 948, 7/12/2010, § 2]
The following sections are hereby revised:
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Section 101.1
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Borough of Bridgeville
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Section 103.5
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$45 for each Inspection Required
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Section 104.3
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Delete Right of Entry
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Section 112.4
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Any person, firm or corporation, who shall violate any provision
of this code shall, upon conviction thereof, be subject to a fine
of not more than $1,000, plus costs, and in default of payment to
imprisonment for not more than 30 days. Every day that a violation
of this code continues shall constitute a separate offense.
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Section 302.4
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6 Inches
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Section 304.14
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April 1 - November 30
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Section 602.3
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Oct. 1 - April 30
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Section 602.4
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Oct. 1- April 30
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[Ord. 948, 7/12/2010, § 3]
Ordinance No. 830 of Bridgeville Borough, entitled "Boca Property
Maintenance Code," and all other ordinances or parts of ordinances
in conflict herewith are hereby repealed.[1]
[1]
Editor's Note: Editor' Note: Ordinance No. 830 appeared
in former Part 1 of this Chapter.
[Ord. 948, 7/12/2010, § 4]
If any section, subsection, sentence, clause or phrase of this
Subpart is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this Subpart.
The Borough Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsection,
sentences, clauses and phrases be declared unconstitutional.
[Ord. 948, 7/12/2010, § 5]
Nothing in this Subpart or in the Property Maintenance Code
hereby adopted 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 as cited in § 103 of this Subpart,
nor shall any just or legal right or remedy of any character be lost,
impaired or affected by this Subpart.
[Ord. 953, 10/22/2010, § 1]
A Board of Appeals (Board), to be composed of a minimum of three
members appointed by Borough Council, is hereby created in and for
the Borough of Bridgeville to perform all duties and exercise all
powers conferred by law in accordance with the provisions of the 2009
International Property Maintenance Code.
[Ord. 953, 10/22/2010, § 2]
The Borough shall also appoint two alternate members to serve
in the absence or disqualification of a member.
[Ord. 953, 10/22/2010, § 3]
All members of the Board of Appeals shall be nonemployees of
the Borough and qualified by experience and training to pass on matters
pertaining to property maintenance.
[Ord. 953, 10/22/2010, § 4]
The Board members shall serve staggered and overlapping terms
as designated. When a vacancy occurs prior to the expiration of a
member's term, his successor shall be appointed to fill the unexpired
term; whenever a vacancy occurs by reason of the expiration of the
term, his successor shall be appointed for a full term from the expiration
of the prior term.
[Ord. 953, 10/22/2010, § 5]
A Chairperson shall be selected annually by the Board.
[Ord. 953, 10/22/2010, § 6]
1.
Any person directly affected by the decision of the Code Enforcement
Officer shall have a right to appeal to the Board, provided that a
written application with the filing fee is filed within 20 days after
the day the decision is served.
[Ord. 953, 10/22/2010, § 7]
The Borough Manager shall designate a Secretary to make a detailed
record of all proceedings which shall be filed in the Manager's
office.
[Ord. 953, 10/22/2010, § 8]
The Board shall meet within 20 days of the filing of an appeal.
A quorum shall consist of not less than 2/3 of Board membership. All
hearings shall be open to the public, and any person whose interest
may be affected may be heard, including the appellant's representative,
if any. While strict rules of evidence shall not apply, only relevant
evidence will be received. If the full Board is not present, the appellant
or representative may request a postponement.
[Ord. 953, 10/22/2010, § 9]
Before an appeal is deemed filed to be heard by the Board, the
appellant must pay a filing fee in the amount of $200 to cover the
cost of the notice of hearing, appearance fee for the court reporter,
transcription cost and administrative cost. In the vent the actual
cost for the hearing is less than $200, the appellant shall be reimbursed
the difference between $200 and the actual cost.
[Ord. 953, 10/22/2010, § 10]
The Board shall modify or reverse the Code Enforcement Officer
only by a concurring vote of the majority of the total number appointed
Board members. The decision shall be recorded with copies to the Appellant
and Code Enforcement Officer.
[Ord. 953, 10/22/2010, § 11]
The Code Enforcement Officer shall take immediate action in
accordance with the Board's decision unless a writ of certiorari
to correct errors of law is received in the manner and time required
by law following the decision as filed in the Manager's office.
[Ord. 953, 10/22/2010, § 12]
Appeals of notice and orders from the Code Enforcement Officer
shall stay enforcement of same until the appeal is heard by the Appeal
Board unless the notice is an imminent danger notice.
