[Ord. No. 2018-03, 8/14/2018[1]]
A certain document, three copies of which are on file in the office of the Zoning Officer of Allen Township, being marked and designated as the "International Property Maintenance Code, 2015 edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Allen, 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; 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 Township of Allen are hereby referred to, adopted, and made a part hereof as if fully set out in this Part, with the additions, insertions, deletions and changes, if any, prescribed in § 5-102 of this Part.
[1]
Editor's Note: This ordinance also provided for the repeal of former Part 1, International Property Maintenance Code, adopted 2/24/2009 by Ord. No. 2009-01.
The following sections of the International Property Maintenance Code of 2015 are hereby revised:
1. 
Section 101.1 (Title): Insert "Township of Allen, Northampton County."
2. 
Section 103.5 (Fees): Insert "See Allen Township General Fee Schedule Resolution, as adopted annually."
3. 
Section 302.4 (Weeds): Insert "12 inches. Any plantings referenced in Chapter 22, § 22-412F, Natural Area Design Standards, shall be exempt from the provisions of this section. Any plant or noxious weed that is determined by the Allen Township Board of Supervisors or the Commonwealth of Pennsylvania to be injurious to the public health, crops, livestock, agricultural land or other property shall be eradicated by the owner or agent responsible for the property. Treatment of invasive plant and/or weed species shall be in accordance with best management practices endorsed by the Pennsylvania Invasive Species Council and in accordance with the state and federal regulations for the application of herbicides."
4. 
Section 304.14 (Insect Screens): Insert "April 1 to November 1."
5. 
Section 602.3 (Heat Supply): Insert "September 15 to May 15."
6. 
Section 602.4 (Occupiable Work Space): Insert "September 15 to May 15."
All other ordinances, parts of ordinances, or other sections of the Code of the Township of Allen in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phrase of this Part 1 is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Part 1. The Board of Supervisors hereby declares that it would have passed this Part 1, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Nothing in this Part 1 or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending 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 § 5-103 of this Part 1; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Part 1.
1. 
Any person, partnership, or corporation who or which has violated any of the provisions of this Chapter 5, Part 1, upon being found liable therefor in a criminal enforcement proceeding commenced by the Township, in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall pay a judgment of not more than $1,000 plus all court costs plus reasonable attorneys' fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separation violation, unless the District Justice, determining that there has been a violation, further determines that there was a good-faith basis for the person, partnership, or corporation violating this Part 1 to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that the violation continues shall constitute a separate violation.
2. 
The Court of Common Pleas, upon petition of the violator, may grant an order to stay, upon cause shown, tolling the per-diem judgment pending a final adjudication of the violation and judgment.
3. 
Nothing contained herein shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
[Ord. 2004-08, 6/24/2004]
Allen Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended from time to time, and the regulations promulgated thereunder.
[Ord. 2004-08, 6/24/2004]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 to 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of Allen Township.
[Ord. 2004-08, 6/24/2004]
Administration and enforcement of the Code within Allen Township shall be undertaken in any of the following ways as determined by the Board of Supervisors of Allen Township from time to time by resolution:
A. 
By the designation of an employee of Allen Township to serve as the municipal code official to act on behalf of Allen Township.
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of Allen Township.
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement.
D. 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of Allen Township.
E. 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
[Ord. 2004-08, 6/24/2004]
A Board of Appeals shall be established by resolution of the Board of Supervisors of Allen Township in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.
[Ord. 2004-08, 6/24/2004]
All building codes or portions of codes previously adopted are hereby repealed except that the following provisions which were adopted by Allen Township prior to July 1, 1999, and which equal or exceed the requirements of the Code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Code, as amended from time to time.
[Ord. 2004-08, 6/24/2004]
Concerning the Fire Code portion of the Uniform Construction Code, all code ordinances or portions of ordinances which were adopted by Allen Township on or before July 1, 1999, and which equal or exceed the requirements of the Code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Code, as amended from time to time. Any ordinances or portions of ordinances currently in effect whose requirements are less than the minimum requirements of the Code are hereby amended to conform to the comparable provisions of the Code.
[Ord. 2004-08, 6/24/2004]
All relevant ordinances, regulations and policies of Allen Township not governed by the Code shall remain in full force and effect.
[Ord. 2004-08, 6/24/2004]
Fees assessable by Allen Township for the administration and enforcement undertaken pursuant to this Part and the Code shall be established by the Board of Supervisors by resolution from time to time.