[Ord. 1063, 11/1/2004, as amended by Ord. 1123, 8/16/2011;
and by Ord. 1152, 11/17/2015]
There is hereby adopted in its entirety, by the Borough Council
of the Borough of Mechanicsburg, that certain property maintenance
code known as the "2009 International Property Maintenance Code,"
as published by the International Code Council, Inc., to include Appendix
"A" (Boarding Standard), save and except such portions as are hereinafter
deleted, modified, or amended. Copies of this Part 3 and the said
International Property Maintenance Code are on file in the office
of the Borough of Mechanicsburg. Any amendments or supplements by
said publisher to the 2009 Code, after its initial publication, are
not intended to be adopted hereby.
[Ord. 1063, 11/1/2004, as amended by Ord. 1123, 8/16/2011]
The provisions of this Part 3 shall take effect upon enactment,
provided that, where a permit has already been issued for work conforming
to prior standards in the nature of alteration, addition, repair,
removal, demolition or use of buildings or structures, such permit
and standards as previously existing shall govern said work.
[Ord. 1063, 11/1/2004, as amended by Ord. 1123, 8/16/2011;
Ord. 1152, 11/17/2015; and by Ord. No. 1158, 4/3/2018]
1.
The following insertion is made as indicated in the 2009 International
Property Maintenance Code:
A.
Section 101.1, page 1, second line of section: "Borough of Mechanicsburg."
2.
The following sections or provisions of the 2009 International Property
Maintenance Code are hereby revised to read as follows:
[Amended by Ord. 1170, 3/16/2021]
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SECTION 101 GENERAL
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§ 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy or maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and changes of occupancy in existing buildings shall comply with Chapter 5 (Code Enforcement) of the Code of Ordinances of the Borough of Mechanicsburg.
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SECTION 103 CODE OFFICIAL
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§ 103.1 General. The Borough Council
shall have authority to create within its personnel roster the position
of Mechanicsburg Code Enforcement Official and such other positions
as it deems appropriate to have authority to enforce this Part, and
each shall be known as the "code official."
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§ 103.2 Appointment. The Mechanicsburg
Code Enforcement Official, other code officials and any deputies shall
serve at the pleasure of the Borough Manager.
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§ 103.3 Deputies. The Borough Manager
shall have the authority to appoint the Mechanicsburg Code Enforcement
Official, such deputy code officials, other related technical officers,
inspectors and other employees; subject, however, to the creation
of the positions on the personnel roster of the Borough by the Borough
Council.
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§ 103.5 Fees. The fees for activities
and services performed under this Part shall be established by resolution
of the Borough Council from time to time.
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SECTION 106 VIOLATIONS
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§ 106.3 Prosecution of violation. Any
person failing to comply with a notice of violation or order served
in accordance with § 107 shall be deemed guilty of a summary
offense. If the notice of violation is not complied with, the code
official shall institute the appropriate proceeding 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 of the order or direction made pursuant
thereto. Any action taken by the authority having jurisdiction on
such premises shall be charged against the real estate upon which
the structure is located and shall be a lien upon such real estate.
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§ 106.4 Violation penalties. Any person
who shall violate a provision of this code shall, upon conviction
thereof, be subject to a fine of not less than $250 nor more than
$1,500 or imprisonment for a term not exceeding 30 days, or both,
at the discretion of the court. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
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SECTION 107 NOTICES AND ORDERS
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§ 107.1 Notice to owner and/or to person or
persons responsible. Whenever the code official determines
that there has been a violation of this code or has grounds to believe
that a violation has occurred, notice shall be given to the owner
and/or the person or persons responsible therefor in the manner prescribed
in §§ 107.2 and 107.3. Notices for condemnation procedures
shall also comply with § 108.3.
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SECTION 111 MEANS OF APPEAL
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§ 111.1 Application for appeal. Any person
directly affected by the decision of the code official or a notice
or order issued under this code shall have the right to appeal to
the Board of Appeals, provided that a written application for appeal
is filed within 20 days after the decision, notice or order is served.
An application for appeal shall be based on a claim that the true
intent of Mechanicsburg Property Maintenance Code or rules legally
adopted thereunder have been incorrectly interpreted, the provisions
of the said code do not fully apply, or the requirements of the said
code are adequately satisfied by other means.
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Membership of Board of Appeals. The Board of Appeals
shall consist of three members who shall be appointed by the Borough
Council and who are qualified by experience and training to pass on
matters pertaining to property maintenance. One of the members of
the Board of Appeals shall be a member of the Borough Council. The
members shall serve staggered and overlapping terms. The code official
shall be an ex-officio member but shall have no vote on any matter
before the Board of Appeals.
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Fees.Fees assessable by the Borough for the administration
and enforcement of, or appeals undertaken pursuant to, this Part shall
be paid in accordance with the Fee Resolution of the Borough of Mechanicsburg,
as adopted by Borough Council, and as may from time to time be amended.
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§ 112.4 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 deemed guilty of a violation
of this code pursuant to the provisions of § 106 and shall
be subject to the penalties therein prescribed.
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SECTION 302 EXTERIOR PROPERTY AREAS
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§ 302.4 High weeds, grass or plant growth. All premises and exterior property shall be maintained free from
weeds or plant growth in excess of six inches. All noxious weeds shall
be prohibited. Weeds shall be defined as all grasses, annual plants,
and vegetation. Cultivated flowers, gardens, trees, and shrubs shall
not be included as a violation of this Part.
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SECTION 304 EXTERIOR STRUCTURE
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§ 304.14 Insect screens. Every door,
window and other outside opening required for ventilation of habitable
rooms, food preparation areas, food service areas or any areas where
products to be included or utilized in food for human consumption
are processed, manufactured, packaged, or stored shall be supplied
with approved tightly fitting screens of not less than 16 mesh per
inch (16 mesh per 25 mm), and every swinging door shall have a self-closing
device in good working condition.
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SECTION 308 RUBBISH AND GARBAGE
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§ 308.3.2 Containers. The owner of every
dwelling and the operator of every establishment producing garbage
shall provide, and at all times cause to be utilized, approved leakproof
containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
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SECTION 602 HEATING FACILITIES
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§ 602.2 Residential Occupancies. Dwellings
shall be provided with heating facilities capable of maintaining a
reasonable temperature in all habitable rooms, bathrooms and toilet
rooms based on the winter outdoor design temperature for the locality
indicated in Appendix D of the International Plumbing Code. Cooking
appliances shall not be used to provide space heating to meet the
requirements of this section.
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§ 602.3 Heat supply. Every owner and
operator of any building who rents, leases or lets one or more dwelling
units, rooming units, dormitories or guest rooms on terms, either
expressed or implied, to furnish heat to the occupants thereof shall
supply heat to maintain a reasonable temperature in all habitable
rooms, bathrooms, and toilet rooms.
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§ 602.4 Occupiable work spaces. Indoor
occupiable work spaces shall be supplied with heat to maintain a reasonable
temperature during the period the spaces are occupied.
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§ 602.5 Room temperature measurement. The room temperatures shall be measured three feet (914 mm) above
the floor near the center of the room and two feet (610 mm) inward
from the center of each exterior wall.
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SECTION 704 FIRE PROTECTION SYSTEMS
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§ 704.2.1. On the ceiling or wall outside
of each separate sleeping area within five feet of bedrooms or sleeping
areas.
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3.
The following sections of the 2009 International Property Maintenance
Code are hereby deleted:
A.
Section 111.2, Membership of board, through § 111.8, Stays
of enforcement, inclusive, in their entirety.
B.
Section 308.3.1, Garbage facilities, in its entirety.
C.
Section 404.2, Minimum room widths, in its entirety.
D.
Section 404.4.2, Access from bedrooms, in its entirety.
E.
Section 404.4.3, Water closet accessibility, in its entirety.
F.
Exception only of § 602.2, Residential occupancies.
G.
Exception No. 2 only of § 602.3, Heat supply.
[Ord. 1063, 11/1/2004, as amended by Ord. 1123, 8/16/2011]
Nothing in this Part 3 or in the 2009 International 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
this Part 3 as previously existing, nor shall any just or legal right
or remedy of any character be lost, impaired or affected by this Part
3.
[Ord. 1063, 11/1/2004, as amended by Ord. 1123, 8/16/2011]
This Part 3, together with the 2009 International Property Maintenance
Code, shall be known and may be cited as the "Mechanicsburg Property
Maintenance Code."
[Ord. 1063, 11/1/2004, as amended by Ord. 1123, 8/16/2011]
In recording the ordinance adopting this Part 3, the Borough
Secretary is directed to attach an accompanying notation stating where
the full text of the code shall have been filed for public inspection.
[Ord. 1063, 11/1/2004, as amended by Ord. 1123, 8/16/2011]
The invalidity of any section or provision of this Part 3, including the 2009 International Property Maintenance Code herein adopted, shall not invalidate other sections or provisions thereof.
