[Adopted 3-11-2004 by Ord. No. 958]
[Amended 8-9-2017 by Ord.
No. 1018-2017]
A.
The International Property Code, 2009 Edition, as published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code of the Borough of Charleroi 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 occupancy 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 regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with additions, insertions, deletions and changes, if any, prescribed in § 257-2 of the Code of Charleroi Borough.
B.
Any ordinance or part of any ordinance conflicting with this section
is hereby repealed insofar as the same affects this section.
C.
This section shall be effective upon adoption thereof.
[Amended 8-13-2014 by Ord. No. 1008; 12-11-2014 by Ord. No. 1010; 8-8-2018 by Ord. No. 1020-2018]
A.
A certain document, three copies of which are on file in the office
of the Borough of Charleroi being marked and designated as the International
Property Maintenance Code, 2009 edition, shall be amended with the
following additions, insertions, deletions and changes, as prescribed
below, and all remaining provisions of the same International Property
Maintenance Code, 2009 edition, shall remain in full force and effect
and be incorporated as if set forth fully.
B.
The following sections of the International Property Maintenance
Code, 2009 edition, are hereby revised:
(1)
Section 302.4 Weeds:
(a)
All premises and exterior property shall be maintained free
from weeds or plant growth in excess of 10 inches. All noxious weeds
shall be prohibited. Weeds shall be defined as grasses, annual plants
and vegetation, other than trees or shrubs provided; however, this
term shall not include cultivated flowers and gardens.
(b)
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, they
shall be subject to prosecution in accordance with Section 106.3 and
as prescribed by the authority having jurisdiction. Upon failure to
comply with the notice of the violation, any duly authorized employee
of the jurisdiction or contractor hired by the jurisdiction shall
be authorized to enter upon the property in violation and cut and
destroy the weeds growing thereon, and the costs of such removal shall
be paid by the owner or agent responsible for the property.
(2)
Section 106.3 Prosecution of violation: Any person failing to comply
with a notice of violation or order served in accordance with Section
107, upon being found guilty, shall be assessed a fine of no less
than $100 and no more than $300, with each day the violation continues
being counted as a separate violation.
(3)
Section 106.4 Violation penalties: Any person who shall violate a
provision of this Code shall be fined a minimum of $100, up to $300,
for each violation thereof. Each day that a violation continues after
due notice has been served shall be deemed a separate offense.
C.
Effective date. The provisions of this section shall take effect
immediately on the date of enactment.
Ordinance No. 928 of the Borough of Charleroi and all other
ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Nothing in this article 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 § 257-3 of this article, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
[Amended 12-11-2014 by Ord. No. 1010]
Penalties for violations shall be as set forth in Chapter 1, Article II, Enforcement; General Penalty, of this Code. Additionally, pursuant to 8 Pa.C.S.A. § 1202(4), the Borough Solicitor or another properly qualified attorney, specially appointed by Council, is authorized to collect:
A.
The cost
of removal and demolition of any structure, together with a penalty
of 10% of such cost;
B.
The cost
of removing garbage, rubbish or junked or abandoned vehicles, together
with a penalty of 10% of such cost; and
C.
The cost
of cutting and removing grass, brush and/or weeds, together with a
penalty of 10% of such cost.
